This agreement is in effect as of Dec 31, 2011.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any http://www.tunefund.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
i. You agree to indemnify and hold harmless http://www.tunefund.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from http://www.tunefund.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
All content and materials available on http://www.tunefund.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of http://www.tunefund.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by http://www.tunefund.com.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by http://www.tunefund.com from our offices located in the state of New York, US. It can be accessed by most countries around the world. As each country has laws that may differ from those of New York, by accessing our website, you agree that the statutes and laws of New York, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in New York You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, http://www.tunefund.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Use of Our Service
All visitors to TuneFund.com, whether registered or not, are "Users." If you register with TuneFund you become a "Member" and gain access to certain features, including the ability to post certain information about your campaign (a "Campaign") on the Service and interact with other Members about your Campaign.?
TuneFund grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
You do not have to register in order to visit TuneFund. To access certain features of the Service, though, including posting, commenting on, following, or contributing to a Campaign, you will need to register with TuneFund and create a Member account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify TuneFund immediately of any breach of security or unauthorized use of your account. Although TuneFund will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of TuneFund or others due to such unauthorized use.
You may use your Settings to control your Member Profile and how other Members communicate with you. By providing TuneFund your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the TuneFund servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes.
TuneFund may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in TuneFund's sole determination, you violate any of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by this Agreement.
You may not use the Service for activities that: (i) violate any law, statute, ordinance or regulation; (ii) relate to sales of (a) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (b) items that are considered obscene, (c) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (d) certain sexually oriented materials or services; (iii) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants; (iv) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; (v) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; (vi) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from TuneFund and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
Posting a Campaign
TuneFund may provide you the opportunity to post your Campaign on TuneFund to showcase and share certain information about the Campaign and elicit feedback and financial contributions from other Members. Your Campaign Posting is User Content (as defined below), and is subject to all the terms and conditions relating to User Content in this Agreement. It is a breach of this Agreement to post a false or misleading Campaign or to post false or misleading information in your Campaign Profile. Members who post Campaigns are sometimes referred to in this Agreement as "Content Creators."
TuneFund may provide you the opportunity to fundraise for your Campaign by soliciting financial contributions to support the Campaign from Members ("Contributions"). The rules governing fundraising for your Campaign (the "Fundraising Rules") are as follows:
1. The first step in launching a fundraising campaign using the Service is to create a Campaign profile page and create a Campaign. To post a Campaign, set your goal for the total Contributions you wish to raise during your current campaign ("Campaign Goal") and the duration for your campaign, 30, 60 or 90 days ("Campaign Length") on your Campaign Profile page. (Note, if you reach your campaign goal, you can post a new Campaign to launch a campaign to fund the next phase of your Campaign. The number of Campaigns you can create is unlimited.)
2. You will be required to designate the legal entity to which funds will be directed (the "Campaign Entity"). By providing the name of your Campaign Entity to TuneFund, you represent and warrant that you are an authorized representative of the Campaign Entity with the authority to bind the Campaign Entity to the terms of this Agreement, that the Campaign Entity is the legal entity responsible for the Campaign and accountable for the use of any funds raised for it on TuneFund, and that you accept this Agreement on the Campaign Entity's behalf.
3. To receive Contributions, your Campaign Entity must establish an account (a "Funding Account") with the payment processor designated by TuneFund at the time you post your Campaign (the "Processor"). You understand and agree that your Funding Account will be governed by your agreement with the Processor, and that TuneFund shall have no liability for your Funding Account or your transactions or interactions with the Processor.
4. All Contributions made to a Campaign will be directed to the Campaign Entity's Funding Account, less a 10% processing fee retained by TuneFund. All Contributions paid to a Campaign Entity will constitute "Campaign Funding," and the TuneFund fee and all other Campaign Funding requirements will apply. TuneFund is not responsible for any error or omission in the Funding Account information you provide. Unless automated by the Processor, Campaign Funding less 3rd party processing fees will be disbursed from the Funding Account to the Campaign Entity's bank account according to the Campaign's disbursement details (set in the Funding section of the Campaign Profile).
5. When you reach your Campaign Length, your Campaign will automatically close and no more Contributions will be accepted for your Campaign. You may make a new Campaign any time after the end of your last Campaign closes.
6. You may offer non-monetary rewards for Contributions ("Rewards"), provided that the offering of such Rewards is lawful under all applicable laws, including without limitation state and federal securities laws, and otherwise complies with the terms and conditions of this Agreement.
Any Campaign Funding payments may be subject to verification of the identity of you and the Campaign Entity, the use of funds, and the timeline of the Campaign. The verification procedure may involve an interview and/or document review if deemed necessary and may vary from time to time in our sole discretion. You and the Campaign Entity agree that Campaign Funding may only be used on behalf of the Campaign, and that Campaign Funding will not be used for any other purpose. You agree that if at any time while a Campaign is open or within thirty (30) days of the close of a Campaign, TuneFund makes a good faith determination that the identity of you or the Campaign Entity or the timeline of the Campaign are not as identified in the Campaign Posting, or that the Campaign Funding has not been used solely on behalf of the Campaign, you will promptly refund the entire amount of Campaign Funding from such Campaign to the Contributors. We may change the Fundraising Rules at any time upon notice to you. If you do not accept a change we make to the Fundraising Rules, your sole remedy shall be to terminate your Campaign Posting.
You shall have full responsibility for applicable taxes for all Campaign Funding paid to you under this Agreement, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors, including state worker's compensation insurance coverage requirements and any U.S. immigration visa requirements. You agree to indemnify, defend and hold TuneFund harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on TuneFund by the relevant taxing authorities with respect to any Campaign Funding paid to you.
TuneFund makes no guarantee regarding the number or amount of Contributions, or the amount of any Campaign Funding payment to be made to you or the Campaign Entity under this Agreement.
Contributing to Campaigns
TuneFund may provide you the opportunity to make Contributions to Campaign Postings on the Service. You may contribute to any open Campaign in any amount you choose. You may contribute to as many Campaigns as you like.
It is solely your choice to contribute to a Campaign. You understand that making a Contribution to a Campaign does not give you any rights in or to that Campaign, including without limitation any ownership, control, or distribution rights, and that the Campaign Entity shall be free to solicit other funding for the Campaign, enter into contracts for the Campaign, allocate rights in or to the Campaign, and otherwise direct the Campaign in its sole discretion. You further understand that nothing in this Agreement or otherwise limits TuneFund's right to enter into agreements or business relationships relating to Campaigns. TuneFund does not guarantee that any Campaign's Campaign Goal will be met. Any Rewards offered to you are between you and the Campaign Entity only, and TuneFund does not guarantee that Rewards will be delivered or satisfactory to you. TuneFund does not warrant the use of any Campaign Funding or the outcome of any Campaign.
Contributions to Campaigns are nonrefundable. Under certain circumstances TuneFund may, but is under no obligation to, seek the refund of Campaign Funding if the Campaign Entity misrepresents the Campaign or misuses the funds. You acknowledge and agree that all your Contributions are between you, the Campaign Entity, and the Processor only, and that TuneFund is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Processor.
TuneFund makes no representations regarding the deductibility of any Contribution for tax purposes. Please consult your tax advisor for more information.
Some areas of the Service may allow Users to post feedback, comments, questions, and other information. Any such postings, together with Campaign Postings, constitute "User Content." You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You must be the owner of all the Intellectual Property Rights (as defined below) in the User Content you post, or have explicit permission from the owner(s) of all such rights to post the User Content on TuneFund.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. TuneFund reserves the right, but is not obligated, to reject and/or remove any User Content that TuneFund believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright, the Writer's Guild of America, or any other rights organization.
TuneFund takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. TuneFund is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that TuneFund shall not be liable for any damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other TuneFund Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to TuneFund a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. TuneFund reserves all rights not expressly granted herein in the Service and the TuneFund Content (as defined below). TuneFund may terminate this license at any time for any reason or no reason.
Assignment of Campaign-Related User Content
All User Content posted to a Campaign ("Campaign Feedback") shall be the sole and exclusive property of the Content Creator that posted that Campaign. You hereby assign to the Content Creator, or its designee, all your right, title and interest throughout the world in and to any and all Campaign Feedback you post to that Content Creator's Campaign. You hereby waive and irrevocably quitclaim to the Content Creator or its designee and TuneFund any and all claims, of any nature whatsoever, that you now have or may hereafter have for infringement of any and all Campaign Feedback you post to that Content Creator's Campaign. If you post a Campaign, you acknowledge and agree that TuneFund cannot take responsibility for your use of Campaign Feedback and you use Campaign Feedback at your own risk. You hereby agree to indemnify, defend and hold TuneFund harmless from any liability arising from or relating to your use of Campaign Feedback.
Use of Widgets
TuneFund may give you the opportunity to post a "widget," or code that creates an TuneFund graphic and a link to the Site, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of TuneFund widgets is subject to this Agreement, that you will not post any TuneFund widget on a web page containing content that is prohibited under the "User Content" section of this Agreement, and that you will remove all TuneFund widgets immediately upon termination of this Agreement.
TuneFund Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "TuneFund Content"), and all Intellectual Property Rights related thereto, are the exclusive property of TuneFund and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the TuneFund Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. TuneFund may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify TuneFund's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit TuneFund to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Name: Greg Remillard
Attn: DMCA Notice
Company: TunePledge, Inc.
Address: 10 Pine Street
Cold Spring, NY 10516
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying TuneFund and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with TuneFund’s rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, TuneFund has adopted a policy of terminating, in appropriate circumstances and at TuneFund’s sole discretion, members who are deemed to be repeat infringers. TuneFund may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Websites, Advertisers or Services
TuneFund may contain links to third-party websites, advertisers, or services that are not owned or controlled by TuneFund. TuneFund has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website.