Terms and Conditions for the use of the Tuneraker.com website
This website (’The Site’) is published by Christian Lorenz, Dublin, Ireland (e-mail: email@example.com). By using The Site you agree to the Terms and Conditons outlined below (’The Agreement’).
1. Use of The Site
The Site helps you as a user to find music, either contained on a physical carrier or in form of a digital audio file, and related products such as, but not limited to concert tickets, merchandise, etc. and acts as an intermediary in the transactions involved with the third parties offering these products. Use of The Site is subject to this Agreement.
We may add to, delete or modify any of the parts of The Site and/or any of the terms and conditions contained in this Agreement at any time at our discretion.
We will notify you of any material changes by posting a change notice on The Site for a period of 30 days. Unless otherwise specifically set forth in our notice, all changes shall be effective from the date the notice expires. If you continue using the site after such date, you implicitly agree with all changes.
You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current terms and conditions. If any new products or services become available, they will be considered a part of The Site and your use of them will be governed by this Agreement unless specified otherwise.
4. Technological and Use Limitations
Tuneraker will make reasonable efforts to keep The Site operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside our control may, from time to time, result in temporary service interruptions. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently,
functions of The Site with or without notice. You agree that Tuneraker shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
4.1. You represent and warrant that you own or otherwise control all of the rights to the content that you post to The Site.
You may not use or allow others to use, your IDs and/or the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that is:
- libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive;
- violates any law or regulation or the rights of others;
- causes duress, distress or discomfort to another or is likely to deter or discourage others from using The Site, and/or
- infringes any intellectual property, proprietary rights or confidentiality obligations of others.
You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs.
You may not use, nor allow others to use, The Site, directly or indirectly, to:
- attempt to or actually disrupt, impair or interfere with, alter or modify The Site or any information, data or materials posted and/or displayed by us or anyone else;
- act in a way that affects or reflects negatively on us, the Service, or anyone else, or
- collect or attempt to collect any information from others including, without limitation, personally identifiable information, without the relevant party’s prior consent.
4.2. You are prohibited from violating or attempting to violate the security of The Site, including, without limitation:
- accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorised to access;
- attempting to probe, scan or test the vulnerability of The Site or to breach security or authentication measures, regardless of your motives or intent;
- attempting to interfere with or disrupt The Site or any of its service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse, or
- sending unsolicited e-mail or other information, including promotions or advertising.
4.3. You accept that it is your responsibility to install appropriate anti-virus and security software
on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of The Site including, but not limited to, viruses, Trojan horses or any other form of programming routine designed to damage or otherwise impair a computer’s functionality.
5. Intellectual Property Rights
Tuneraker is the exclusive holder of the rights to the entire content and design of The Site. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, database rights, trade secrets or trademarks with respect to the Service or its contents, and Tuneaker reserves all rights not expressly granted hereunder. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
5.1. The Site is intended for personal and non-commercial use. You may not:
- alter, copy, distribute, transmit, display, present, reproduce, publish, patent, create work derived from, intercept the transmission of or sell any of the information, content, graphics, text, sounds or images obtained via this website without prior written consent of Tuneraker.com, or
- take any action that imposes, or may impose, in the discretion of Tuneraker.com, an unreasonable or disproportionately large load on the Site’s infrastructure.
5.2. Software used to provide The Site is licensed under a GNU General Public License unless specified otherwise.
5.3. By posting comments, inputting data (such as, but not limited to, article or review ratings), suggesting reviews or ideas or engaging in any other form of communication through the Site, you irrevocably agree that any such content, and all intellectual property rights associated therewith, shall become our sole property. We may copy, adapt, publicly perform, display or otherwise exploit any such content and rights in any manner whatsoever, throughout the world, in perpetuity, without any obligation to make any payment to you or others or to give you credit.
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SITE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS AND/OR THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE.
7. Links to Third Party Websites
There may be links that will let you leave the Site or that will let you access The Site from third party sites. Linked third party sites are not under our control and we are not responsible for the contents of any such linked site or any link contained in such a linked site. Existence of links to other third party sites may not be construed as an endorsement by us in favour of such a site.
To the extent that The Site contains links to or may be accessed from outside services and resources, any concerns regarding any such service or resource should be addressed directly to the relevant outside service or resource.
8. Limitation of Liability
The information, software, products and services offered on The Site might contain inaccuracies or typographical errors. Tuneraker can apply improvements and/or changes to the information on the Site at any time and does so regularly. To the fullest extent permitted by applicable law, neither Tuneraker nor the Service Providers shall be liable for any direct or indirect and/or consequential loss or damages in connection with using this website or parts of it or for delays in or the impossibility of using the website, even if Tuneraker or the Service Providers have been advised of the possibility of such loss or damages, or where such loss or damages arise from Tuneraker’s or the Service Providers’ negligence or where reasonably foreseeable.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages arising from, incurred as a result of, or in any manner related to any claim or action based upon your use of the Site and/or the use of the Site by any other person using your IDs. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
10. Use Of Comments and other Communication Forums
The Site may allow users to comment on articles and/or to contribute to other communication facilities, collectively referred to as ‘forums’.
You agree that you will use the forums only for posting comments or material that is suitable for and is relevant to the specific forum.
10.1. When making use of a forum you must not:
- infringe the legal rights of others (such as rights of privacy and disclosure), for example by discrediting, misusing, attacking, stalking or threatening others;
- publish, send, or distribute libellous, harmful, obscene, offensive, improper or illegal material or information;
- upload files that contain software or other material that is protected by intellectual property rights unless you hold or control the rights to do so or have received all the necessary consent;
- upload files that contain viruses, corrupt files or any other software or programmes that could harm the operation of other users’ computers;
- remove legal declarations or indications of ownership of intellectual property rights or trade names from a file that is uploaded;
- falsely indicate the origin or source of software or other material in a file that is uploaded;
- advertise or offer for sale goods or services or the managing or sending of survey reports, competitions or chain letters, or
- download a file that was posted by another user of the forum that you know, or should reasonably know, cannot be distributed legally in such a way.
10.2. You acknowledge that all forums provided on The Site are public and are not private means of communication and that messages and other communications from users are not necessarily approved by Tuneraker. We do not make any warranties or representations that these communications will be evaluated, screened or approved by us. We retain the right to monitor the use of any forum provided on The Site and to remove, without notice and without giving reasons, the content of such forums.
This Agreement is governed by Irish law.
12. No Unlawful or Prohibited Use
You shall not use the Site in any manner that is contrary to applicable laws and/or regulations or is prohibited by this Agreement. We retain the right to investigate occurrences,
which may involve any such violations and we may involve, provide information to and cooperate with,
law enforcement authorities in prosecuting users who are involved in such violations.
You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
15. Severability Clause
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the remainder of the Agreement shall continue in effect.
2. Types of Data we Collect
We retain two types of information: Personal Data and Non-Personal Data.
For the most part, you may visit The Site or use the services provided on The Site without having to tell
us who you are.
Certain NON-PERSONAL DATA is normally collected as a standard part of your use of The Site.
Such information may include, for example, your IP-address, access times, the website you linked from, pages you visit on Tuneraker.com, the links you use, the adbanners and other content you viewed, information about your devices and other such technical information your browser provides us with or as may be otherwise collected in connection with certain products and services.
Tuneraker may also collect certain demographic information as part of the Non-Personal Data we hold, such as age, gender, country of residence and so on.
PERSONAL DATA is data that may be used to identify you or to contact you and may, for instance, include your name and e-mail address. Tuneraker collects your Personal Data typically when you register with The Site to leave a comment on an article or when you subscribe to a newsletter or similar e-mail service on The Site. We endeavour to collect personal data only with your knowledge.
3. Purposes for which we hold Data
3.1. Non-Personal Data
We use the Non-Personal Data gathered from users of our website to gain a better understanding of where users come from and to help us better design and organise our website.
3.2. Personal Data
We will process any Personal Data you provide to us for the following purposes:
- to authenticate or validate your identity;
- to provide you with the service(s) you subscribe to, such as newsletters and e-mail updates;
- to contact you if required in connection with an order or subscription, or
- to respond to any communications you might send to us, particularly with regard to comments submitted in response to an article we published or in response to other such comments posted by different users.
4. Links and Third Party Sites
Any external links to other websites are clearly identifiable as such. Tuneraker shall under no circumstances be responsible for the content or the privacy policies of third party websites.
We may from time to time place information on your computer to allow us to recognise your computer. This information is commonly in the form of a textfile known as a “cookie”. Cookies are small pieces of data stored on your computer’s hard drive, rather than on the website. Cookies enable us to collect certain information about your computer, including your IP address, your browser type and the address of any referring sites.
Please note, that certain third party service providers, such as retailers advertising on the site in form of display advertising or text links may from time to time place Cookies on your computer when you access their respective sites.
6. Disclosure of Information to Third Parties
We may provide Non-Personal Data to third parties, where such information is combined with similar information of other users of our website.
For example, we might inform third parties regarding the number of unique users who visit our website, the demographic breakdown of our community users of our website, or the activities that visitors to our website engage in while on our website.
The third parties to whom we may provide this information may include potential or actual advertisers, providers of advertising services such as, but not limited to, website tracking services, commercial partners, sponsors, licensees, researchers and similar parties.
Tuneraker will not disclose your Personal Data to third parties unless you have consented to this disclosure.
We will further disclose your Personal Data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.
7. Sale of Business
8. Data Quality
Tuneraker endeavours to take reasonable steps to keep the personal data we possess accurate and up-to-date and to delete out of date or otherwise incorrect or unnecessary personal data. Please remember that it is your responsibility to provide us with correct details, particularly with regard to, but not limited to, your valid e-mail address.
Please note, there are always risks associated with providing personal data, whether in person, by phone, via the internet or otherwise, and no technology is completely safe or hacker proof. In particular, Tuneraker cannot guarantee or warrant the security of any information you transmit to us via the Internet. We do, however, take reasonable technical and organisational information security measures to prevent and minimise such risks.
Such measures may include, where appropriate, the use of firewalls, secure server facilities, encryption, implementing access rights management systems and processes as well as other technically and
commercially reasonable measures to provide appropriate protection for your Personal Data against unauthorised use or disclosure. Where appropriate, we may also take back-up copies of your Personal Data to prevent accidential damage to or destruction of your Personal data.
10. Changes to The Policy
Tuneraker resrves the right to make changes to The Policy at our discretion. We will advise you of material changes to The Policy by posting a notice on The Site for a period of 30 days.
10. Your Rights
In case you wish to know what personal data we hold about you or you wish to replenish, rectify, anonymise or delete any incomplete, incorrect or outdated personal data, or you wish us to cease processing your Personal Data for the purposes outlined above or on other compelling legal grounds,
you may, as appropriate and in accordance with applicable law, exercise such rights by contacting the controller of your Personal Data by e-mail at firstname.lastname@example.org .
In certain cases, particularly if you wish us to delete or cease the processing of your personal data, this may also mean that we may not be able to continue to provide particular services to you.