Tunepresto Terms and Conditions |Tunepresto

Tunepresto
Terms of Use

You must read and agree to this Terms of Use Agreememnt (“Agreement”) if you are a User of Tunepresto’s website.
1. Introduction

Tunepresto’s website consists of its site located at the URL http://tunepresto.com as well as any of Tunepresto’s application, widget and gadget for social networks (including but not limited to Facebook Platform, MySpace Platform, Twitter Platform, Goople OpenSocial, iPhone App Store and Apple App Store), (collectively, the “Site”). There are two general types of users, registered users that have registered with Tunepresto (“Registered Users”), and visitors of the Site (“Visitors”), such as someone invited to view another’s video.

2. Updates to the Terms of Use

The Terms of Use Agreement was last updated on January 26, 2011. We reserve the right, at any time, to modify the Site and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Use periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the website. Your continued use of the Site after modifications are posted will be considered an acceptance of the modified Terms of Use.

Description of Services

This Site is owned and operated by Meiticheol Teoranta, trading as Tunepresto, with a place of business at Furbo, Galway, Ireland. The Tunepresto Site provides Registered Users with the ability to have music (“Tunepresto Music”) automatically created by Tunepresto using uploaded video clips (“Image Content”).
You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this Site are provided “AS IS” and Tunepresto is not liable to you for any temporary interruption in services.

Registration data, passwords and privacy

By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate.

During the registration process, you will be asked to select a password. The password an your account is for your individual use only, and is not to be shared with co-workers, friends or family. You agree to keep your password confidential at all times.
You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify Tunepresto immediately if you learn of an unauthorised use of your password.
All information we obtain about you in connection with your use of this Site is subject to our Privacy Policy, which incorporated by reference into thes Terms of Use.

Payment of fees

If you subscribe to a subscription account, you agree to pay all fees associated with that subscription (“Fees”). Upon registration for a subscription account, you will be prompted to pay for either a yearly or quarterly or monthly subscription.
Tunepresto may provide you with the ability to pay the Fees through a service such as PayPal or Google Checkout. All subscriptions paid through these third parties are subject to the third party’s Terms of Service and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.
If for any reason your payment is not received by Tunepresto, your subscription account will not be useable until payment is received by us. You agree that until your subscription account is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use our service. Subscription payments are non-refundable.
In the event legal action is necessary to colled on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including legal fees.

Conduct on site

You agree to obey all applicable rules and regulations in using the Site, and agree that you are responsible for the contents of your submissions or communications through the Site, including Image Content and Tunepresto Music created therefrom (collectively, “Submissions”)
You agree that you will not upload, share, or otherwise distribute any Submissions, including text, graphics, images, sounds, data, music, or other information that;

are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, faudeulent, invasive of another’s privacy, or impersonate another person;
contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
victimise, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
infringe< on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
constitute unauthorised or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unathorised solicitation, or any form of lottery or gambling;
contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunciations equipment or to damage or obtain unauthorised access to any data or other information of any third party;
contains measures that could be used to determine the architecture of the website, or could be used to decompile, disassemble, or reverse engineer the website; or
are to be used for a commercial purpose of any kind.

We do not endorse the contents of any Submissions and expressly disclaim any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgement, does not comply with the Terms of Use and any other rules of user conduct for this Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
If you would like to notify us of content which you believe does not comply with these Terms of Use, please fill out our feedback form. Make sure to include bothe the Uniform Resource Locator (“URL”) for the non-complying video or content, and the reasons you believe it does not comply. You understand that in using this Site, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity agains Tunepresto arising from your exposure to such materials.
You may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation of any of these Terms of Use. In addition, you acknowledge that we will co-operate fully with investigations or violations of systems or network security at other sites, including co-operating with law enforcement authorities in investigating suspected criminal violations.

Linking conditions

You may not link to this website unless you comply with these linking conditions.
You may share your Tunepresto Music honsted on the Site by using Tunepresto’s video player code to play your video in your own personal website or web page. You may also share your Tunepresto Music by downloading it to a storage device, personal computer, or mobile device. The Tunepresto Music may only be used for personal, non-commercial, uses. You agree that you will not modify the video player code in any way.
You may also share your Tunepresto Music hosted on the website by emailing or otherwise sharing the link associated with your Tunepresto Music.
Your right to link to the Tunepresto Music is expressly conditioned upon your compliance with the following restrictions:

The link must either resolve to the homepage, “tunepresto.com”, or to the link assocaited with a User Video
The link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Tunepresto or any other third party.
The link and surrounding materials must not deliver the website content in a framed environment, or alter the layout, content, look or feel of the Site.
The link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Tunepresto; and
The link and surrounding materials must not portray Tunepresto, Tunepresto Music or services available on the Site, or the Site itself, in a false, misleading, dreogatory, defamatory or otherwise offensive manner.

Intellectual property

Tunepresto is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorised by us.
Tunepresto’s trademarks and/or service marks may not be used in connection with any product or service that is not provided by Tunepresto, in any manner that is likely to cause confusion among customers or users of the Site, tarnishes or dilutes the marks, or disparages or discredits Tuenpresto.
Tunepresto’s software and services available on the Site are the subject of pending patent application(s) and you are granted a limited right to use such software and services only in conjunction with the Site and in accordance with these Terms of Use.
In creating Tunepresto Music using Tunepresto’s proprietary software, you will be able to use your own Image Content such as video, photos, graphics or text. Image Content has associated intellectual property rights as described further herein. You retain any and all rights you hold with respect to Image Content.
You warrant that all Image Content uploaded by you, either from your own computer or another site/server, is either created and owned by you, or you have the necessary licenses, rights and permissions to use the Image Content as contemplated by the Site and grant Tunepresto the rights described herein. Use of the Site is limited to personal, non-commercial purposes only.
Image Content may be protected by copyright, even if not marked with the © symbol. If you are not the creator of the Image Content or the copyright holder to use the Image Content, then you must get permission from the creator of the Image Content or the copyright holder to use the Image Content in creating Tunepresto Music.
Do not upload any Image Content that is confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site.
All music created by Tunepresto is for non-comercial use.
You hereby grant to Tunepresto a royalty-free, perpetual license to use, copy, create, modify, display and host your Tunepresto Music and Image Content solely to the extent necessary for Tunepresto to provide the Services as described herein.
Notice of Copyright or Intellectual Infringement: Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. To be effective the notification should include (a) a physical or electronic signature of the person authorised to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple cpyrighted works as a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your notification may not be valid.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our Site without liability.

Repeat infringers

Your account will be terminated if, at Tunepresto’s sole discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

Purchase of Products

Tunepresto may, from time to time, provide the ability for its users to place an order (“Order”) for products relating to Tunepresto Music (“Products”). You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices for Products in effect when such charges are incurred. Verification of information applicable to an Order may be required prior to our acceptance of any Order. Price and availability of any Products are subject to change without notice and our current prices can be found on the Site.
All prices are stated in both Euro and U.S. dollars. Prices do not include delivery charges or any import duties that may be added by the Order destination country. Delivery charges will be added to your Order during the checkout process. You will also be responsible for paying any applicable taxes relating to your Order. Any dates specified for delivery of any Products are intended to be an estimate only.
Any Products you Order are for your own personal use and enjoyment and may not be distributed for commercial purposes or resold.

Limited warranty for products

Tunepresto provides a limited warranty to you that, within a thirty (30) day period after delivery, Products provided to you by Tunepresto shall be free from defects in materials, design and workmanship. If a Product is found to be nonconforming with this warranty within the thirty (30) day period following delivery of the Product, then you shall have the right to request a replacement Product as set forth below.

Warranty claims

Products which do not conform to Tunepreto’s limited warranty provided for herein will be replaced within thirty (30) days of delivery. No credits or refunds will be given. Replacement is your sole and exlcusive remedy for any breach of such warranty.
If you would like to make a warranty claim for a replacement product, send an email to support@tunepresto.com. You will receive a response email with instructions on processing your warranty claim.

Disclaimer of warranties

All services on this Site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warrant of non-infringement.
Without limiting the foregoing, we make no warranty that (a) the services will meet your requirements, (b) the services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services will be effective, accurate or relaible, or (d) the quality of any materials or services obtained by you from the Site, from us, or from any third parties’ websites to which the site is linked, will meet your expectations or be free from mistakes, errors or defects.
The use of the services, the uploading of Image Content, or the downloading or other acquisition of any materials or content rhrough this Site or through third parties’ websites to which the Site is linked, is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Other than as expressly set forth in the paragraph hereunder entitled “Limited Warranty for Products”, Tunepresto expressly disclaims and provides no other warranties for products, either express or implied, including, but not limited to, the implied warranties or merchantability or fitness for a particular purpose, or the warranty of non-infringement.
Any warranty that is provided in connection with any products, services, materials, or information available on or through this Site from a third party is provided solely by such third party and not by us.

Limitation of liability

Except as set forth in the paragraph entitled “Warranty Claims” hereunder, your exclusive remedy and Tunepresto’s entire liability, if any, for any claims arising out of this Site shall be limited to the amount you paid Tunepresto, if any, for any producuts or services available through the Site during the six (6) month period before the act giving rise to the liability.
In no event shall Tunepresto be liable to you or any thrid party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use fo this Site or any website referenced or linked to from this Site.
Further, we shall not be liable in any way for third party goods and services offered through this Site or through third party websites linked to from this Site.
You are solely responsible for making backup copies of any and all of your Image Content. Tunepresto shall not be liable for any loss of or damage to your Image Content.

Indemnification

You agree to indemnify and hold Tunepresto, its parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms of this Agreement, or (d) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Tunepresto reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Tunepresto in asserting any available defenses.

Use of site and storage of material

Upon registering with Tunepresto, you will be assigned one (1) user account. You are limited to one account per person. Tunepresto limits the maximum amount of disk space per account for storing Tunepresto Music and User content to 1 Gigabyte. You may be given an opportunity to purchase additional storage space. Payments for such purchases are non-refundable.
You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, limit the number of transmissions you may send or receive through our site, or limit the amount of storage space, bandwidth, or other resources you may use.
You acknowledge that we reserve the right to terminate any account with no prior notice to you, including the deletion of any Image Content, if the account has been inactive for a twelve (12) month period.
Do not rely on this Site as a primary storage space for User content. You should preserve backup copies of any digital date, information or other materials that you have uploaded.
We reserve the right to change these general practices and limits at any time in our sole discretion. It is your responsibility to periodically check these Terms of Use for updates.

Termination of Use

We may terminate or supsend your use of this Site at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or supspension or any other actions taken by is in connection therewith.
The following secions of the Terms of Use will survive termination: Third Party Sites and Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Termination of Use, Governing Law, Miscellaneous.

Governing law

These Terms of Use shall be construed in accordance with Irish law, and the parties irrevocably consent to bring any action to enforce these Terms of Use before a court of competent jurisdiction in Ireland

Notices

All notices to a User or to Tunepresto shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Support at support@tunepresto.com, if by email, or to Meiticheol Teoranta, Colaiste Padraig Mac Piarais, Na Forbacha, Gaillimh, Ireland, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communicaiton under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) ten business days after the mailing date; (d) on the delivery date if transmitted by facsimile; (e) on the delivery date if transmitted by email; or (f) immediately if broadcast by Tunepresto.

Miscellaneous

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by Tunepresto, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
This Agreement, together with the Site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto.
Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees.