Last Revised and Effective April 4, 2018
Hello Tuners! We want you to know your rights and our rights and so we have prepared this agreement ("user agreement" or "agreement") between Tuners ("we", "our," "us") and you. This agreement sets the terms of your use of the Tuners app, website, and services (“Tuners”). This agreement is meant to encourage a fair and tolerant place for ideas, people, links, and discussion.
Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to Tuners, (2) suspend or terminate Your Account, and/or (3) remove any of your User Content from Tuners.
We reserve the right to monitor Tuners, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
Tuners is designed and supported for personal use only. You may not use Tuners to break the law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
Tuners is intended to be a place for your entertainment. We are not responsible for any decisions you make based on something you hear, read, or see on Tuners.
Tuners is not intended to be a marketplace for any goods or services. However, you may find commercial links, coupons, deals, advertisements and other third-party offers on Tuners. In addition, Tuners may have affiliate relationships with certain of these third parties and may receive compensation for any purchase made from them. Tuners is not a party to, nor in any way responsible for, any transactions you have with these third parties, even if Tuners has an affiliate relationship with such parties. For this reason, any transactions you undertake are your responsibility alone, so be careful.
To participate on Tuners, you must create an account that includes a username and phone number ("Your Account") and, if you want to be able to change your phone number or have us contact you, an email address as well. In some cases, you can also browse Tuners without logging in.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
You may not license, transfer, sell, or assign Your Account without our written approval.
Tuners contains graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors, which we call "Tuners content." Tuners content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
We grant you the right to access the Tuners content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Tuners content, except as permitted by the doctrine of fair use or as authorized in writing by us. If you are interested in licensing Tuners content, please contact us at email@example.com.
You retain the rights to your copyrighted content or information that you submit to Tuners ("user content") except as described below.
By submitting user content to Tuners, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to Tuners.
You also agree to follow the Tuners Content Policy. These guidelines are intended to keep people safe, protect kids, keep Tuners running, and to encourage personal responsibility for what you do on Tuners.
Certain hashtags may have their own rules, providing they do not violate the terms of this agreement.
You agree that Tuners is not responsible for the actions taken or not taken by moderators.
Moderating a hashtag is an unofficial, voluntary position. We reserve the right to revoke that position for any user at any time. If you choose to moderate a hashtag, you agree to the following
You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam. Cluttering Tuners with this sort of content reduces the quality of the Tuners experience for others. For guidance, see our rules about spam and self-promotion.
You may not purposefully negate any user's actions to delete or edit their content on Tuners. This is intended to respect the privacy of Tuners users who delete or edit their content, and is not intended to abridge the fair use or the expressive rights shared by us all.
You agree not to interrupt the serving of Tuners, introduce malicious code onto Tuners, make it difficult for anyone else to use Tuners due to your actions, attempt to manipulate votes or Tuners’ systems, or assist anyone in misusing Tuners in any way. It takes a lot of work to maintain Tuners. Be cool.
We support the responsible reporting of security vulnerabilities. To report a Tuners security issue, please send an email to firstname.lastname@example.org.
We encourage the creation of other ways to access Tuners, including browser extensions and mobile and desktop applications. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any mobile or desktop application not produced by us.
If you produce or maintain a browser extension or application, you agree not to purposefully negate any user's actions to delete or edit their content on Tuners.
Tuners is not directed at people under the age of 13, and Tuners does not knowingly collect any personal information from such people. If you know that a user under the age of 13 is accessing Tuners, please contact us email@example.com.
We will respond to legitimate requests under the Digital Millennium Copyright Act ("DMCA"), and we retain the right to remove user content on Tuners that we deem to be infringing the copyright of others. If you become aware of user content on Tuners that infringes your copyright rights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to Tuners.
Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. A DMCA request can be sent to us at:
Copyright AgentSkrapps, Inc.728 Piety St.New Orleans, LA firstname.lastname@example.org
Please send our Copyright Agent the following information:
If we remove your user content in response to a copyright or trademark notice, we will notify you via Tuners’ private messaging system. If you believe your user content was wrongly removed due to a mistake or misidentification of the material, you can send a counter-notice to our Copyright Agent (contact information provided above) that includes the following:
Upon receiving a counter-notice we will forward it to the complaining party and tell them we will restore your content within 10 business days. If that party does not notify us that they have filed an action to enjoin your use of that content on Tuners before that period passes, we will consider restoring your user content to the site.
It is Tuners’ policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.
Please read the following very carefully. Each of the following sections applies to the maximum extent permitted by law. Where jurisdictions do not allow disclaimers of implied warranties or the limitation of liability in contracts, the contents of this section may not apply.
All the things you do and all the information you submit or post to Tuners remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.
Specifically, you agree to hold Tuners, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of Tuners, your violation of this user agreement, and/or your violation of the rights of any third party or person.
Tuners is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that Tuners will always work properly.
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use Tuners, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of Tuners.
We want you to enjoy Tuners, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at email@example.com.
The headings in this agreement are for convenience and do not control any of its provisions.
Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of Louisiana without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in Orleans Parish, Louisiana.
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
This user agreement is the entire agreement between you and us concerning Tuners. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the Tuners website. By continuing to use Tuners after a change to this agreement, you agree to those changes.