Terms of service

1.       Outline your legal rights on Tunetrada.

•               Explain the rights you give to us when you use Tunetrada.

•               Describe the rules everyone needs to follow when using Tunetrada.

•               Contain a class action waiver and an agreement on how to resolve any disputes that may arise by arbitration.

Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully.

2.     Introduction

Thanks for choosing Tunetrada ("Tunetrada," "we," "us," "our"). Tunetrada provides personalised services with social and interactive features for hosting, streaming and downloading music and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Tunetrada services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the "Tunetrada.Store Service" or "Service"), or accessing any music, videos or other content or material that is made available through the Service (the "Content") you are entering into a binding contract with the Tunetrada entity indicated in Section 24 (Contact us).

Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the "Agreements"). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on Tunetrada's website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don't agree with (or cannot comply with) the Agreements, then you may not use the Tunetrada Service or access any Content.

To use the Tunetrada.Store Service and access any Content, you need to (1) meet the age requirements in the chart below, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country or region where Service is available. You also promise that any registration information that you submit to Tunetrada is true, accurate, and complete, and you agree to keep it that way at all times. If you are a resident of one of the following countries or regions, reference this chart for your specific age restrictions:

 

If your country or region is marked with an asterisk (*) in the chart below, and you require parent or guardian consent, your parent or guardian will enter into the contract on behalf of you.

Country or region

Age Requirements

Andorra*, Argentina*, Australia, Austria*, Bahrain,Belgium, Bolivia*, Bosnia and Herzegovina, Costa Rica*, Czech Republic, Denmark*, Dominican Republic, Ecuador, El Salvador*, Estonia, Finland, France*, Greece*, Guatemala*, Honduras*, Hong Kong, Iceland, India, Ireland, Israel, Jordan, Kuwait, Latvia, Lebanon, Liechtenstein, Luxembourg, Malaysia*, Malta*, Mexico*, Monaco*, Morocco, New Zealand, Nicaragua*, Norway*, Oman, Palestine, Panama*, Paraguay*, Philippines*, Poland*, Portugal*, Qatar, Saudi Arabia, Singapore, Slovenia, South Africa, Spain*, Sweden, Switzerland, UAE, Turkey*, United Kingdom, Uruguay, Vietnam.	Must be 18 or older, or be 13 or older and have parent or guardian consent.
Algeria:	Must be 19 or older or be 13 or older and have parent or guardian consent.
Brazil, Croatia:	Must be 18 or older, or be 16 or older and have parent or guardian consent.
Montenegro, Serbia:	Must be 18 or older, or be 15 or older and have parent or guardian consent.
Albania, Belarus, Bulgaria*, Colombia*, Chile, Hungary, Kazakhstan, Kosovo, Moldova, North Macedonia, Peru, Romania, Russian Federation, Ukraine	Must be 18 or older, or be 14 or older and have parent or guardian consent.
Canada	Must be 13 or older to use the Free Service. For Paid Subscriptions, you must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent.
Cyprus*, Italy, Lithuania, Netherlands	To use the Free Service, must be 16 or older, or be 13 or older and have parent or guardian consent. To register for a Paid Subscription, must be 18 or older, or be 13 or older and have parent or guardian consent.
Egypt, Indonesia	Must be 21 or older, or be 13 or older and have parent or guardian consent.
Japan, Taiwan, Thailand	Must be 20 or older, or be 13 or older and have parent or guardian consent.
Slovakia*	Must be 16 or older or be 13 or older and have parent or guardian consent.
Tunisia	Must be 18 or older.
Republic of Korea	Must be 19 or older, or be 14 or older and have parent or guardian consent

 

 

3.     Changes to the Agreements

Occasionally we may make changes to the Agreements for valid reasons, such as improving the existing functions or features or adding new functions or features to the Service, implementing advancements in science and technology, and reasonable technical adjustments to the Service, ensuring the operability or the security of the Service, and for legal or regulatory reasons. When we make material changes to the Agreements, we'll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us. If you received a Trial or a Paid Subscription through a third party, you must cancel the applicable Paid Subscription through such third party.

4.    Service Options

You can find a description of our Service options on our website, and we will explain which Service options are available to you when you request to create a Tunetrada account. Certain options are provided to you free-of-charge. If available in your country or region, the Tunetrada Service that does not require payment is currently referred to as the "Free Service." Other options require payment before you can access them (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Tunetrada Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service.

If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Tunetrada for access to a Paid Subscription ("Code"), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.

 

5.    Trials

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). Tunetrada may determine your eligibility for a Trial and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some Trials, we'll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY CLICKING HERE IF YOU SIGNED UP FOR THE TRIAL THROUGH TUNETRADA, OR IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.

 

6.    Payments, cancellations, and cooling off

6.1 Billing

You may subscribe to a Standard Package or a “Artist in Focus” Package directly from Tunetrada or through a third party either by (1) paying a fee per sale or a fee with additional service payments.

Tunetrada may change the price for the Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Tunetrada Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

If you register for a Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within the following periods:

Fourteen (7) days from the day you sign-up for the relevant service, in accordance with the following:

If you sign up for a Trial, you agree that the Cooling-off Period for the Paid Subscription for which you are receiving a Trial is available for fourteen (7) days after you start the Trial. If you don't cancel the Paid Subscription before the Trial ends, you authorize Tunetrada to automatically deduct the agreed fees each month until you cancel the Subscription.

If you purchase a Subscription with no Trial, you authorize Tunetrada to charge you automatically each month until you cancel. You agree that the Cooling-off Period is available for fourteen (14) days after your purchase but is lost once you use the Tunetrada Service during that period.

Seven (7) days from the day you're charged the agreed price each month after the first Paid Subscription period but is lost if you use the Tunetrada Service during that period.

6.2 Renewal; Cancellation

Unless your Subscription has been purchased for a Pre-Paid Period, your payment to Tunetrada or the third party through which you purchased the Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Subscription before the end of the then-current subscription period by clicking here if you purchased the Subscription through Tunetrada, or if you purchased the Subscription through a third party, by cancelling the Subscription through such third party. The cancellation will take effect the day after the last day of the current subscription period. If you purchased your Paid Subscription through Tunetrada and you cancel your payment or Subscription and/or terminate any of the Agreements after the applicable Cooling-off Period is over, we will not refund any subscription fees already paid to us (except for refund obligations due to Tunetrada's willful misconduct or negligence). If you wish to receive a full refund of all monies paid to Tunetrada before the applicable Cooling-off Period is over, you must contact Customer Support. When we process any refund, we will refund amounts using the method you used for payment.

If you have purchased a Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Service. If you have purchased your Subscription through a third party, you must cancel directly with that third party.

7.     Using our service

The Tunetrada Service and the Content are the property of Tunetrada or Tunetrada's licensors. We grant you limited, non-exclusive, revocable permission to make use of the Tunetrada Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, "Access"). This Access shall remain in effect until and unless terminated by you or Tunetrada. You promise and agree that you are using the Tunetrada Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Tunetrada Service or the Content.

The Tunetrada software applications and the Content are not sold or transferred to you, and Tunetrada and its licensors retain ownership of all copies of the Tunetrada software applications and Content even after use or installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices ("Devices").

All Tunetrada trademarks, service marks, trade names, logos, domain names, and any other features of the Tunetrada brand ("Tunetrada Brand Features") are the sole property of Tunetrada or its licensors. The Agreements do not grant you any rights to use any Tunetrada Brand Features whether for commercial or non-commercial use.

 

You agree to abide by our User guidelines and not to use the Tunetrada Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Tunetrada grants no right, title, or interest to you in the Tunetrada Service or Content.

Third party software (for example, open source software libraries) included in the Tunetrada Service are made available to you under the relevant third party software library's license terms as published in the help or settings section of our desktop and mobile client and/or on our website.

8.    Third Party Applications and Devices

The Tunetrada Service is integrated with or may otherwise interact with third party applications, websites, and services ("Third Party Applications") and third party Devices to make the Tunetrada Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Tunetrada does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Tunetrada warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.

9.    User-Generated Content

Tunetrada users may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information, playlist titles, descriptions and compilations, and/or other types of content) ("User Content"). For the avoidance of doubt, "User Content" includes any such content posted to the Tunetrada Support Community as well as any other part of the Tunetrada Service.

You promise that, with respect to any User Content you post on Tunetrada, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Tunetrada as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Tunetrada or any artist, band, label, entity or individual without express written consent from Tunetrada or such individual or entity.

Tunetrada may, but has no obligation to, monitor, review, or edit User Content. In all cases, Tunetrada reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Tunetrada's sole discretion, violates the Agreements. Tunetrada may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

 

You are solely responsible for all User Content that you post. Tunetrada is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST TUNETRADA RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD TUNETRADA HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

10. Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right to (1) allow the Tunetrada Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Tunetrada Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Tunetrada's agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by Tunetrada (e.g. podcasts) may contain advertising as part of the Content. The Tunetrada Service makes such Content available to you unmodified.

If you provide feedback, ideas, or suggestions to Tunetrada in connection with the Tunetrada Service or Content ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize Tunetrada to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant Tunetrada a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

 

11.    User guidelines

Tunetrada respects intellectual property rights and expects you to do the same. We've established a few ground rules for you to follow when using the Service, to make sure Tunetrada stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:

•               copying, redistributing, reproducing, "ripping," recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Tunetrada Service or the Content, or otherwise making any use of the Tunetrada Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Tunetrada Service or the Content or any part of it;

•               using the Tunetrada Service to import or copy any local files that you do not have the legal right to import or copy in this way;

•               transferring copies of cached Content from an authorized Device to any other Device via any means;

•               reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Tunetrada Service, Content or any part thereof except to the extent permitted by applicable law. [If applicable law allows you to decompile any part of the Tunetrada Service or the Content where required in order to obtain the information necessary to create an independent program that can be operated with the Tunetrada Service or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without Tunetrada's prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Tunetrada Service or the Content];

•               circumventing any technology used by Tunetrada, its licensors, or any third party to protect the Content or the Service;

•               selling, renting, sublicensing, or leasing of any part of the Tunetrada Service or the Content;

•               circumventing any territorial restrictions applied by Tunetrada or its licensors;

•               artificially increasing play counts, follow counts, or otherwise manipulating the Service by (i) using any bot, script, or other automated process; (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;

•               removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

•               circumventing or blocking advertisements in the Tunetrada Service, or creating or distributing tools designed to block advertisements in the Tunetrada Service

•               providing your password to any other person or using any other person's username and password;

•               "crawling" the Tunetrada Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from Tunetrada or the Tunetrada Service;

•               selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or

•               artificially promoting Content by automated means or otherwise.

Please respect Tunetrada, the owners of the Content, and other users of the Tunetrada Service. Don't engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

•               is offensive, abusive, defamatory, pornographic, threatening, or obscene;

•               is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Tunetrada or a third party;

•               includes your password or purposely includes any other user's password or purposely includes personal data of third parties or is intended to solicit such personal data;

•               includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user's access to the Service;

•               is intended to or does harass or bully other users;

•               impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

•               involves the transmission of unsolicited mass mailings or other forms of spam ("spam"), junk mail, chain letters, or similar;

•               involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Tunetrada;

•               links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Tunetrada;

•               interferes with or in any way disrupts the Tunetrada Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Tunetrada's computer systems, network, usage rules, or any of Tunetrada's security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or

•               conflicts with the Agreements, as determined by Tunetrada.

You acknowledge and agree that posting any User Content that violates these User guidelines (or that Tunetrada reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Tunetrada account. You also agree that Tunetrada may reclaim your username where it is reasonable for us to do so, including if you have violated the Agreements.

 

Please be thoughtful about how you use the Tunetrada Service and what you share. The Tunetrada Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Tunetrada or across the web, so please use Tunetrada carefully and be mindful of your account settings. Tunetrada has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

12.  Infringement and reporting User Content

Tunetrada respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Tunetrada's copyright policy. If Tunetrada is notified by a copyright holder, using the forms provided by Tunetrada, that any Content infringes a copyright, Tunetrada may in its sole discretion remove such Content from the Service, or take other steps that Tunetrada deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to Tunetrada with a request to restore the removed content, which Tunetrada may or may not honor, in Tunetrada's sole discretion.

If you believe that any Content does not comply with the User guidelines, please fill out our notice form.

13.  Service limitations and modifications

Tunetrada will make reasonable efforts to keep the Tunetrada Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Tunetrada reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Tunetrada Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Tunetrada Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.

 

Notwithstanding the foregoing, if you have prepaid fees to Tunetrada for Paid Subscriptions that Tunetrada permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Tunetrada will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Tunetrada will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. Tunetrada and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

14. Brand Accounts

If you establish a Tunetrada account on behalf of a company, organization, entity, or brand (a "Brand," and such account a "Brand Account"), the terms "you" and "your," as used throughout the Agreements, apply to both you and the Brand. If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements.

A Brand may follow users, create, and share playlists, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user, artist, songwriter, or any other person, unless the Brand has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to artists, songwriters, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.

15. Tunetrada Support Community

The Tunetrada Support Community is a place for discussions and exchange of information, tips, and other materials related to the Tunetrada Service. By using the Tunetrada Support Community you agree to the Community Terms.

16. Customer support

For customer support with account-related and payment-related questions ("Customer Support Queries"), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

You can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform through the following link: https://ec.europa.eu/consumers/odr.

 

17.  Term and termination

The Agreements will continue to apply to you until terminated by either you or Tunetrada. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Tunetrada may terminate the Agreements or suspend your access to the Tunetrada Service at any time, including in the event of your actual or suspected unauthorised use of the Tunetrada Service and/or Content, non-compliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you reasonable notice in advance of doing so). If you or Tunetrada terminate the Agreements, or if Tunetrada suspends your access to the Tunetrada Service, you agree that Tunetrada shall have no liability or responsibility to you, and Tunetrada will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time. To learn how to terminate your Tunetrada account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.

Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

18. Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE TUNETRADA SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. TUNETRADA AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER TUNETRADA NOR ANY OWNER OF CONTENT WARRANTS THAT THE TUNETRADA SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, TUNETRADA MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE TUNETRADA SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND TUNETRADA IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.

NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM TUNETRADA SHALL CREATE ANY WARRANTY ON BEHALF OF TUNETRADA. WHILE USING THE TUNETRADA SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.

 

WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING TUNETRADA'S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

19. Limitation

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TUNETRADA SERVICE IS TO UNINSTALL ANY TUNETRADA SOFTWARE AND TO STOP USING THE TUNETRADA SERVICE. YOU AGREE THAT TUNETRADA HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE TUNETRADA SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO TUNETRADA, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL TUNETRADA, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR

(E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,

IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE TUNETRADA SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TUNETRADA HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;

 

(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TUNETRADA SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO TUNETRADA DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR

(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND TUNETRADA'S REASONABLE CONTROL.

Nothing in the Agreements removes or limits Tunetrada's liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

 

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

20.           Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Tunetrada, the Agreements constitute all the terms and conditions agreed upon between you and Tunetrada and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that certain aspects of your use of the Tunetrada Service may be governed by additional agreements. That could include, for example, access to the Tunetrada Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Tunetrada's website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

21.  Severability, waiver, and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Tunetrada or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Tunetrada's or the applicable third party beneficiary's right to do so.

 

As used in these Terms, the words "include" and "including," and variations thereof, will be deemed to be followed by the words "without limitation."

22.            Assignment

Tunetrada may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Tunetrada may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

23.           Indemnification

You agree to indemnify and hold Tunetrada harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Tunetrada Service; and (4) your violation of any law or the rights of a third party.

24.           Contact us

If you have any questions concerning the Tunetrada Service or the Agreements, please contact Tunetrada Customer Service by visiting the About Us section of our website.

Thank you for reading our Terms. We hope you enjoy Tunetrada!

Contracting entity: WETRAIN Solutions PTY Ltd Trading as Tunetrada.store.