Terms and Conditions

TunePromoters.com has created this web site to provide an online platform for individuals, music artists and those who want to be music artists. To assist you in using www.TunePromoters.com web site (the "Web Site" or the "Site"), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created a Privacy Policy and a set of Terms and Conditions of Use. Our Privacy Policy explains how we protect and treat contact and other information you provide to us through the Site, and our Terms and Conditions of Use govern your use of our Site generally. Please read our Privacy Policy and our Terms and Conditions of Use carefully - they impose legal obligations on you. By using or accessing our Site, you are acknowledging that you have read and understood these terms and agree to be legally bound by them. PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE These Terms and Conditions of Use ("Terms and Conditions") constitute the contractual agreement between you and TunePromoters regarding your use of our Site and any activities or transactions you may conduct through the Site. In these Terms and Conditions, the words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to TunePromoters By using our Site, you agree to these Terms and Conditions. 1. We do not seek to own any part of your work, take a commission on, or represent you with any of our resources. We simply get your submission to industry contacts, as promised. You grant us an unconditional, perpetual, irrevocable, fully paid royalty free license to use the material you submit in any way we see fit to accomplish those submissions, including but not limited to: unlimited use, reproduction, public performance, public display, public advertising of any kind and every and all types of use in connection with TunePromoters Websites and partner websites. We are not responsible for protecting your work. Please contact appropriate legal representation for that purpose. You may visit the U.S. Copyright office at www.copyright.gov . For questions about copyright protection seek legal advice. We do not offer legal, accounting, tax, insurance, artist representation, management, royalty collection, performance rights, publishing, air play monitoring, or any other type of professional services. If you are contacted as a result of one of our submissions, any arrangements are between you and the person or company that contacted you. We strongly advise you to be properly represented by experienced music agents, publishers, performance rights organizations, and/or attorney's before entering into any agreements. We can not and do not offer any legal advice or suggestions as to how you should proceed when contacted. WE DO NOT AND CAN NOT GUARANTEE RESULTS. I.E, THAT YOU WILL BE CONTACTED BY ONE OF OUR RESOURCES CONCERNING YOUR SUBMISSION. THE MUSIC INDUSTRY IS EXTREMELY COMPETITIVE. NOT EVERYONE GETS SELECTED. HOWEVER, WE DO GUARANTEE THAT WE WILL MAKE THE SUBMISSIONS TO OUR RESOURCES, AS PROMISED, UPON RECEIPT OF GOOD FUNDS AS PAYMENT FOR OUR SERVICES. WE DO GUARANTEE TO SUBMIT YOUR WORK... WE DO NOT GUARANTEE ANY RESULTS. Please note – we make submissions to Radio Stations for you. The station managers, program directors or DJ’s may choose to contact you – they may choose not to. They may tell you they love your music, they may tell you they hate it. DO NOT USE OUR SERVICES if you are not prepared for some rejection or negative comments by some of our contacts. We do not control their musical taste or manners. This is a very tough, competitive, business. Rejection and the occasional negative reaction is part of it. Every established artist has heard some terrible reactions to their work. The reason they are established is because they took the rejections as constructive criticism and moved forward. PLEASE DO NOT CONTACT US AND STATE SOMEONE WAS MEAN TO YOU. We submit music to legitimate sources that can get you played. We don’t evaluate the personalities or politeness of our contacts. Impolite comments rarely happen, but occasionally, they can. We aren’t happy about it but we can’t do anything to prevent it. If this type of thing is going to upset you…DO NOT USE OUR SERVICES. 2. You attest that you have the right title and interest in the work that you submit to us, that it is original to you and that you are authorized to submit the work and understand that if you submit work which is not your own, we take no responsibility for any penalties that you may suffer as a result of an unauthorized submission. We do not validate you are the owner or originator of any work and we will co-operate, as required by law, with anyone who makes a legitimate claim against you for unauthorized submission of work that is not your own. 3. If you are under the age of 18 years of age, you must have consent of a parent or guardian to use this site or purchase our services. In every other case, you attest you are 18 years of age or older, not subject to the Child Online Privacy Act, and are of legal age to make the purchase in the state in which the purchase was made, and you are the true and authorized owner of the credit card used to make the purchase. 4. The information presented on this web site, advertising, and content shall not, in any way shape or form, to be construed as considered to be legal, investment, real estate, accounting, financial planning, and insurance, tax advice, music agent, management, performance, or any professional music or artist advice – or professional advice of any kind. 5. Attendant thereto, the Author, Publisher and Distributor of the information contained on the websites and material advertising the Website are not engaged in rendering such legal, accounting, investment, real estate, financial planning, insurance, tax advice, music agent or music management advice or any other professional advice or services. You hereby acknowledge, understand and agree that you have been advised to seek trusted, licensed professionals to render those services. You further hereby acknowledge, understand and agree that the Author, Publisher and Distributor of the information contained on the websites or advertising the website shall have no liability or responsibility to any person or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly by use of the TunePromoters Web Site or services provided. 6. To obtain access to materials and information from our Site, we ask that you fill out some information. Our registration forms will specify the information which you must provide in order to enjoy the particular feature, and the information which you may, at your option, choose to provide or withhold. In connection with using our Site, you agree to provide us with accurate, complete, and updated information required by the registration form ("About you"), including, without limitation, your legal name, address, telephone number(s), applicable payment data (e.g., credit card number and expiration date) and such other information that may be required by such forms. Information provided to us by you in connection with registering at our Site will be protected by us in accordance with the terms of our Privacy Policy. 7. The services promoted on our Site are subject to payment of certain fee(s) to us. We may offer different packages for different fees and additional packages for additional fees to any or all persons who visit our site as we see fit at any time. 8. Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the "Contents"), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by TunePromoters (or used in accordance with "fair use" principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by TunePromoters. You may not copy, use, or repurpose any of the assets mentioned above for any reason whatsoever unless you obtain a written license from TunePromoters. 9. The phrase TunePromoters is a federally registered trademark owned by TunePromoters. Other trade names and trademarks present on the Site either are owned by TunePromoters, appear with the permission of their respective owners, or appear under principles of "fair use." Unless otherwise noted, by using a third party's trademark or trade name on this Site, TunePromoters does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and TunePromoters hereby expressly disclaims any such affiliation or endorsement. 10. The Contents of our Site, and the Site as a whole, are intended strictly for the purpose of providing information and opportunities relating to the music industry to individuals who want to promote their music, bands, musicians, and others. You may not download and copy the Contents displayed on the Site. No right, title, or interest in any materials or software inadvertently or illegally downloaded is transferred to you as a result of any such downloading or copying. You may not reproduce, modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Use of the Content or any related software which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other law. 11. With respect to any photographs, video clips, sound clips or lyrics you may provide to TunePromoters for distribution (collectively, "Submissions"), such Submissions shall remain your property. You hereby unconditionally grant to TunePromoters non-exclusive, irrevocable fully paid and royalty-free license to use, reproduce, publicly perform and publicly display, the Submissions IN CONNECTION WITH THE SITE and fulfilling our obligations of getting your music to one or all of our resources. 12. TunePromoters does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any user Comments our comments from our resources regarding your material. TunePromoters has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users that we may include on the Site. You represent, warrant and agree (i) that you are authorized to submit the Comments you provide to us; and (ii) that all Comments submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any Comments you provide, as TunePromoters shall have no obligation to return any Comments to you. 13. Without limiting any of the foregoing, you furthermore agree that TunePromoters may use or disclose information about you and your use of the Site in accordance with our Privacy Policy. With respect to any information relating to other users of the Site to which you may be permitted access through the Site, you agree that you may use such information only in connection with activities related to the purpose of the Site, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties. 13. In addition to other prohibited uses specified in these Terms and Conditions, you are expressly prohibited from using our Site to post or transmit any advertising, "spam," threatening, defamatory, profane, obscene, scandalous, or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. TunePromoters disclaims all responsibility or liability arising from the content of any such postings, and assumes no responsibility for any error, omission, defamation, falsehood, profanity, obscenity, or threat contained in any information posted on the Site or transmitted through the Site. As provided in our Privacy Policy, TunePromoters will comply with court orders directing TunePromoters to disclose the identity of users posting such information or materials, or otherwise directing compliance by TunePromoters. You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, "bots," or other devices intended to interrupt or harm the workings of the Site, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site. 14. TunePromoters does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. TunePromoters does not necessarily endorse, sanction, or verify sites to which our Site links and we provide these links merely for our users' convenience. Access to other sites linked to this Web Site is at your own risk, and we disclaim all liability with regard to your access to such linked web sites. In addition, we do not necessarily endorse, sanction, or verify sites that link to this Site, even if any logo or mark of TunePromoters is used as part of the link to this Site. 16. All sales transacted through the TunePromoters.com website are final. Once you send/email your material, and we submit it to our resources, our service has been performed. There are absolutely no refunds. If you feel that you deserve a refund if you are not contacted by one of our resources, PLEASE DO NOT SUMBIT YOUR WORK OR USE OUR SERVICES. Our service does not promise acknowledgement, acceptance, display, license, use and/or purchase of your material submitted to our resources in any way. We promote your work by submitting it to our resources. We guarantee SUBMISSIONS. We make no promises of any kind about acceptance. If, for some unexplained reason, except for "force majeure" we do not submit your work as outlined in our offer, we will accept a request for a refund. If we find that your work has not been submitted to our resources as outlined in our offer after 60 days have passed from the time you submitted your material in the appropriate format for such submission, your request for refund will be processed. 17. TunePromoters and its affiliates make no warranties with respect to services offered, including without limitation, any express or implied warranty of or fitness for a particular purpose. TunePromoters makes no representations of any kind, express or implied, as to the operation of this website, any third-party website or any third-party services accessed through this website, or any of the materials incorporated therein. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above may not apply and you might have additional rights. 18. This website is controlled by TunePromoters.com. These terms and conditions will be governed by, and construed and enforced in accordance with, the laws of the state of California. If any term or condition hereof is finally determined invalid, illegal or unenforceable by a court of competent jurisdiction, such other terms or conditions will remain in full force and effect. TunePromoters.com and TunePromoters are terms used interchangeably throughout this website. TunePromoters reserves the right to change these terms and conditions from time to time in its sole discretion. While we use reasonable efforts to include and to pass on to others associated with this Site accurate and up-to-date information, we make no warranties or representations as to such information. Tune Promoters S HALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE SITE OR INFORMATION FLOWING THROUGH THE SITE. 19. Further, we specifically make no representation or warranty and assume no liability or responsibility with respect to you or to any other users of the Site, including but not limited to (i) the offering or availability of any postings made by you or any other users of the Site, including but not limited to whether any events will occur or whether musicians will be contacted through the Site or by people or companies where purchasers material was sent. (ii) the ability of you or any other user of the Site to engage in transactions with any other user of the Site; (iii) any details relating to any transactions you may engage in with any other use of the Site; (iv) the quality of the listings or other information offered by you or any user of the Site; (v) the financial condition of you or any user of the Site; or (vi) compliance with local, state and federal laws by you or any other user of the Site. 20. YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. YOU SHOULD CONDUCT YOUR OWN INDEPENDENT INVESTIGATION OF THE USERS OF THIS SITE, THOSE TO WHOM YOUR MATERIAL IS SUBMITTED BEFORE ENTERING INTO ANY TRANSACTION WITH SUCH PERSONS. IN NO EVENT SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY FINANCIAL OR OTHER OBLIGATIONS THAT MAY ARISE BETWEEN YOU AND ANY OTHER USER OF THE SITE OR RESOURCE WHERE YOUR MATERIAL WAS SENT. 21. YOU ACKNOWLEDGE THAT DOCUMENTS POSTED TO AND CONTENT AVAILABLE AT THE SITE MAY CONTAIN COMPUTER VIRUSES. SHOULD YOU DOWNLOAD OR UPLOAD ANY SUCH MATERIALS FROM THE SITE, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE OR ANY MATERIALS UPLOADED 22, THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. 23. NEITHER TUNEPROMOTERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR, OR ANY OTHER PARTY'S, ACCESS TO, OR USE OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR: " ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL; " ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR SERVICES; OR " ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR OUR SERVICES. 24. This Site is controlled and operated by TunePromoters from its location in Los Angeles, CA. These Terms of Use, and our Privacy Policy, shall be construed in accordance with the laws of the state of CA without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts sitting in Los Angeles, CA. 25. TunePromoters makes no representation that the information in the Site is appropriate or available for use in locations outside the United States, and access to this Web Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Web Site from such locations do so on their own initiative and are responsible for compliance with all applicable international and local laws. 26. We may make improvements or other changes to the Site, or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or the entire Site at any time. We may make such changes for any reason, including, without limitation, changes to due to the circumstance (a) that an agreement with a third party cannot be maintained on terms reasonably acceptable to us; or (b) that the Site or its components become illegal or contrary to law or relevant regulation. In addition, we may from time to time change these Terms and Conditions governing your use of our Site. We will post these changes here, in our Terms and Conditions. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed. 27. TunePromoters may wish at some point to assign or transfer its rights in this Web Site to a third party. You agree that TunePromoters may transfer or assign to a third party all of its rights and obligations with respect to you, including any rights and obligations with respect to your Personally Identifiable Information, on the condition that such third party agree to abide by TunePromoters then-applicable Privacy Policy. 28. You agree to indemnify TunePromoters, and its officers, directors, employees, agents, licensors, and suppliers against any loss, damage, costs or expenses arising out of or in connection with your use of the Site and any claim by a third party against us as a result of any breach by you of these Terms and Conditions, including any misuse of the Content. 39. TunePromoters may discontinue, change, or restrict your use of this Web Site for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms and Conditions, including the right to block access from a particular Internet address to the Web Site. 30. If any provision of these Terms and Conditions or our Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions or the Privacy Policy, which shall remain in full force and effect. No waiver of any provision of these Terms and Conditions or the Privacy Policy shall be deemed a further or continuing waiver of such provision. 31. Without limiting any other provisions of these Terms and Conditions or the Privacy Policy, (a) your indemnification obligations under Section 2 (Registration for Certain Users) and Sections 3 (Certain Fees for Users), 4 (Ownership of Site Contents), 6 (User Comments and Submissions), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Choice of Law and Jurisdiction), 14 (Assignment), 15 (Indemnities), 17 (Severability) and 19 (Complete Agreement) of these Terms of Use; and (b) Section 6.6 (Relationship to Terms of Use) of the Privacy Policy, shall survive any termination of these Terms of Use and/or the Privacy Policy. 32. You may contact us, for any reason. If you have any questions regarding our Terms and Conditions, or would like more information, please contact us at: Customer Support: P.O. Box 49727 Los Angeles, CA 90049 or e- mail us at support@tunepromoters.com. 33. By using our Web Site, you agree to comply with, and be bound by these Terms and Conditions. If you do not agree with some, or all of these Terms and Conditions, please refrain from visiting or using the site or purchasing any services offered on our Site. 34. In addition to these Terms and Conditions, your use of our Site is also subject to our Privacy Policy. Together with our Privacy Policy, these Terms and Conditions constitute the entire agreement between you and TunePromoters with respect to use of the Site and supersede any and all prior representations and agreements, oral or written, relating to the subject matter hereof.