Terms of Service

Updated April 27, 2021

TUNESPEAK GENERAL TERMS AND CONDITIONS

Terms of Use. These terms set forth the legally binding terms, conditions, policies and notices ("Terms") for your use of the website at www.tunespeak.com and all other sites and sub-domains owned and operated by Tunespeak, LLC ("Tunespeak") that redirect users to www.tunespeak.com 1. (collectively, the "Site"), and the service and platform owned and operated by Tunespeak (together with the Site, the "Service"), including but not limited to the Fan Finder platform. By using the Service as an Organizer or Fan, by visiting or browsing the Site, or by contributing any content, information, or other materials or services to the Site, you agree to be bound by these Terms. Joining Tunespeak is free, and Tunespeak does not charge any fees for its Service.
Service/Contests/Raffles/Rewards.
1. Tunespeak is a platform and service where certain organizers ("Organizers") can create contests and/or raffles by offering merit-based rewards of different types and levels to different users ("Fans") to incentivize and facilitate marketing of the Organizer and its activities by its Fans ("Contests/Raffles").
2. By creating a Contest/Raffle on Tunespeak, the Organizer is offering Fans the opportunity to enter into a contract with the Organizer. By participating in the Contest/Raffle, the Fan accepts that offer and a contract between the Organizer and Fan is formed.
3. Organizers are wholly responsible for fulfilling obligations both implied and stated in any Contest/Raffle they create, and are required to fulfill all rewards if achieved. Organizers shall make a good faith attempt to fulfill each reward by its delivery date as noted in the particular Contest/Raffle. For some rewards, the Organizer may need further information from Fans (e.g., a mailing address or shirt size) to enable the Organizer to deliver the reward. The Organizer and/or Tunespeak shall request the information directly from Fan after the Contest/Raffle reward is achieved. To receive the reward, Fans agree to provide the requested information to the Organizer and/or Tunespeak within a reasonable amount of time or as otherwise set forth in the Contest/Raffle official rules. Tunespeak does not guarantee the delivery or receipt of rewards.
4. Tunespeak reserves the right to reject, cancel, interrupt, remove, or suspend a Contest/Raffle at any time and for any reason, and shall not be liable for any damages as a result of any such action. Tunespeak may terminate Contests/Raffles and/or accounts of users that are single or repeat infringers of intellectual property rights of others.
5. Tunespeak is not liable for any damages or loss incurred related to rewards or any use of the Service. Tunespeak is under no obligation to become involved in disputes between Organizers or Fans, including, but not limited to, disputes relating to the delivery of rewards. Tunespeak does not oversee the performance or punctuality of rights and/or obligations associated with any Contests/Raffles. You hereby release Tunespeak, its owners, shareholders, members, officers, employees, agents, licensees and successors from any claims, damages, or demands of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.
Use of Fan Finder.
1. On certain areas of our Service, you may be given the opportunity to interact with other users. Use of any interactive features of the Service is governed by and subject to the following terms ("Posting Rules"). Tunespeak may terminate your account if we believe, using our sole discretion, that you have violated any of these Posting Rules, the terms in this Agreement, or any law. We reserve the right to monitor any and all messages, postings, or other content sent using Service, and reserve the right to remove or to refuse to post anything that we in our sole discretion view to be in violation of these Posting Rules, the law, or are otherwise inappropriate. Tunespeak does not necessarily, however, monitor any materials posted, transmitted, or communicated to or within the Service.
2. Responsibility of Postings: You understand and acknowledge that messages and postings are the sole responsibility of the author, and that Tunespeak is not responsible for the message, or information, data, text or other materials in any message that may appear in a chat room, message board, or other communicative or interactive feature ("Messages"). Opinions expressed in Messages do not necessarily reflect the opinions of Tunespeak.
3. No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for the content of your Messages, and agree not to include anything that is unlawful, harmful, tortuous, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, incites criminal or abusive acts, or is otherwise objectionable or inappropriate as determined by Tunespeak.
4. No Violations of Third Party Rights: You agree that you will not post in your Messages any content that contains personal information about any individual, violates the privacy of any other individual or entity or violates Tunespeak's Privacy Policy, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Tunespeak. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party (as well as rights of publicity and privacy). You agree that you will not collect or store personal data about other users except as permitted in the regular course of operation of the Service and pursuant to Tunespeak's Privacy Policy.
Registration.
1. Your participation in the Service may require that you supply certain information to Tunespeak. If so requested, you shall provide accurate, complete, and updated registration information; failure to do so may constitute a breach of the Terms, which may result in the immediate termination of your account. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. Personal information supplied by you shall be subject to Tunespeak's Privacy Policy, which is incorporated in these Terms by this reference. Tunespeak shall have the right to distribute such registration information to Organizers and as otherwise permitted in the Privacy Policy, and otherwise processed in the United States. Tunespeak is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Tunespeak shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Service.b. You shall not use a user or screen name that: (i) Is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person; or (iii) is vulgar, offensive, slanderous, libelous, or obscene.
2. Tunespeak reserves the right in its sole discretion to refuse your registration. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another person's account without their express permission. You shall immediately notify Tunespeak in writing of any unauthorized use of your account or other known account-related security breaches. You may still view Content on the Site without registering, but as a condition of using certain aspects of the Service, you may still be required to register with Tunespeak in order to use certain Services. If you elect not to register and provide such information, you may not be able to access certain content or participate in certain features of the Services or any features at all.
3. When you elect to participate and register to use the Service, Tunespeak may automatically create an account using your Facebook or Google credentials (e.g., username, password) and add the Tunespeak application to your account and privacy settings via Facebook Connect (or the designated Facebook interactive platform) or your Google Account. You shall consent to all Facebook or Google Permissions to allow Tunespeak to receive user information and to take all necessary actions via Facebook Connect or Google.
Rules and Conduct.
1. As a condition of your use of the Service, you shall not to use the Service for any purpose that is prohibited by the Terms or other applicable law.
2. You shall not directly or indirectly: (i) take any action that imposes or may impose (as determined by Tunespeak in its sole discretion) an unreasonable or disproportionately large load on Tunespeak's or its third-party providers' infrastructure, or otherwise "floods" or overburdens the Service; (ii) interfere or attempt to interfere with, impair, or disable the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Tunespeak may use to prevent or restrict access to the Service (or other accounts, systems, or networks connected to the Service); (iv) run any form of auto-responder, spam, software, or device to "crawl" or data-mine the Site or Service, or any automated devise or program that submits postings in bulk, at regular intervals (without being manually entered), or in any way is considered "gaming the system"; (v) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service; (vi) modify, translate, or otherwise create derivative works based upon of any part of the Service; (vii) attempt to gain unauthorized access to Tunespeak's computer systems, database, and user information not made available or provided through the Site; or (viii) impersonate any person or entity, including but not limited to any Organizer, Fan, employee, or representative of Tunespeak, or otherwise employ misleading e-mail addresses or identifiers to disguise your identification.
3. Attempts at phishing/pharming, using scripts or proxies, or any attempt to bypass the content limits in place to promote authenticity, including but not limited to clearing cookies or cached files, private browsing, using a fake account, posing as multiple users (ex. acting with an account that belongs to a friend or family member), or using "sites" dedicated to getting contest votes, using "sites" dedicated to buying or trading services for points, using "sites" that may promote or allow activity deemed unauthentic by Tunespeak, or any other activity deemed fraudulent by Tunespeak in an attempt to impersonate fan activity is a violation of Tunespeak's rules and MAY result in account suspension, disqualification and/or loss of earned points, in Tunespeak's or Organizer's sole discretion.
4. The passionate fans campaigning on Tunespeak have the power to inspire genuine fan activity from their friends and followers to engage with and grow the fan-base of their favorite band/artist. Tunespeak offers big incentives (3x the point value) for influencing their friends to check out songs and videos; therefore, Tunespeak takes authenticity extremely seriously. In addition, while social media outlets are a great way to reach out to potential fans, and increasing exposure to a band's content is a plus; excessive spamming may violate social platforms' terms of service, is a disservice to both the fans and bands, and compromises the integrity of the art. Failure to follow the guidelines below may lead to suspension/disqualification, in Tunespeak's or Organizer's sole discretion. Carefully share links to the people you believe are willing to help you in your campaign, and post only to the areas in which exchange of art already exists. Refrain from harassment and hate-speech. Do not post to sites dedicated solely to the buying/trading of votes (ex: GetOnlineVotes, HelpMeWin subsection of Reddit, etc).
Third-Party Sites. The Site may link to other websites or resources on the Internet (e.g., SoundCloud, Spotify), and other websites or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Those other websites are not under Tunespeak's control, and you acknowledge that Tunespeak is not liable for the content, products, services, function, legality, or any other aspect and/or materials available via those other websites or resources. You further acknowledge and agree that Tunespeak shall not be liable for any damage as a result from or related to the use of any content, goods or services available through any third-party website or resource.
YouTube. By using the Service, you also agrees to be bound by the YouTube terms of service which can found in the following link: https://www.youtube.com/t/terms.
Content.
1. All postings, e-mails, texts, file, sound recordings, musical compositions, videos, photographs, images, artwork, data, metadata, software, trademarks, copyrights, and other materials and information (collectively, "Content") posted, transmitted, uploaded, stored, reproduced, distributed, marketed, performed, and downloaded by you through the Site and Service shall be your sole responsibility. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content accessed through the Service.
2. By submitting Content on the Site, you hereby grant to Tunespeak, its users and licensees, the following gratis/royalty-free right and license to (i) edit, modify, prepare derivative works of, reproduce, host, display, publicly perform, stream, transmit, copy, market, reproduce, digitally distribute, and otherwise use your Content, as applicable, solely for promotional purposes in connection with the Service and Site, and (ii) to take whatever other action is necessary to perform and market the Service.
3. You further grant to Tunespeak the right and license to use and publish, and permit others to use and publish, your name, screen name, likeness(es), and personal and biographical materials in connection with the Service.
4. You shall not, and shall not permit any third party using your account to, take any action or submit Content that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract; (ii) you know is false, misleading, or inaccurate; (iii) is unlawful, threatening, abusive, harassing, discriminating, defamatory, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another's privacy; (iv) constitutes unsolicited or unauthorized advertising, solicitation, promotional material, junk mail, or spam; (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or system, or to obtain unauthorized access to such software, hardware or system; or (vi) is made in breach of any legal or contractual duty owed to a third party.
5. Tunespeak does not control, and is not responsible for, Content made available through the Service. Tunespeak makes no representation or warranty with respect to such Content, and any Content accessed through the Service shall be at your own risk. Tunespeak neither endorses nor is responsible for the accuracy, completeness, or reliability of any information, opinion, statement, or any Content made available on the Site. In no circumstances will Tunespeak be liable in any way for any Content, or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. You acknowledge that Tunespeak does not pre-screen or approve Content, but that Tunespeak shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is made available via the Service for any reason. Tunespeak does not guarantee that your Content will be made available through the Service.
Copyright Policy and Notifications.
1. Tunespeak will remove infringing materials in accordance with the Digital Millennium Copyright Act ("DMCA") if properly notified that the Content infringes another's copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Tunespeak at support@tunespeak.com. Your notice must contain the following information (please confirm these requirements with legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. a description of the work that you claim has been infringed;
  3. a description of the material that is claimed to be infringing and where such material is located on the Site;
  4. your address, telephone number, and email address;
  5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
2. If you believe that your work has been removed or disabled by mistake or misidentification, please notify Tunespeak in writing at Tunespeak: P.O. Box 434016, St. Louis, MO, 63143. Your counter-notice must contain the following information (please confirm these requirements with legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
  1. a physical or electronic signature of the user of the Services;
  2. identification of the material that has been removed or the access has been disabled, and the location at which the material appeared before it was removed or access disabled;
  3. a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  4. your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located.
Termination. Tunespeak may terminate or suspend your access to the Service without cause or prior notice, which may result in the forfeiture and loss of information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of the Terms that by their nature would survive termination shall appropriately survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Warranties and Representations/Disclaimers.
1. You hereby warrant and represent that: (i) You have the right and power to enter into and fully perform all of your obligations under these Terms; (ii) you have the authority and right to provide Tunespeak with the rights granted herein; (iii) Tunespeak's exercise of the rights granted herein will not infringe upon any copyright, trademark, right of publicity, moral right or other proprietary, intellectual property, contractual or other right of any person; (iv) the Content shall not violate any applicable laws or regulations, including, without limitation, defamation and obscenity laws; (v) all Content is fully licensed; (vi) no agreement of any kind entered into by you will interfere in any manner with Tunespeak's complete performance of these Terms; and (vii) Tunespeak shall not be required to make any payments to third parties in connection with the use of the Content and operation of the Service, and you will pay all royalties and other amounts that may be owed to any person or entity based on your submission of Content and Tunespeak's use of the Content as authorized by these Terms.
2. Tunespeak has no special relationship with or fiduciary duty to you. You acknowledge that Tunespeak has no duty to take any action regarding any of the following: (i) Which Organizers set up Contests/Raffles; (ii) which Fans gain access to the Site; (iii) what Content is accessed through the Site; (iv) the unauthorized use of any Content/Raffles; or (v) the authenticity of any data or information that a user provides about themselves or in connection with their Contests.
3. The Service is provided "as is" and "as available" and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and without any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed.
4. Tunespeak makes no warranty or representation that: (i) The Service will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content or software available at or through the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements or the results you desire are obtained. Your use of the Service is solely at your own risk, knowing and understanding all such risks.
Limitation of Liability. In no event shall Tunespeak, its owners, shareholders, members, directors, employees, agents, partners, licensees, representatives, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Service for (a) any damage to your computer system, lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or (b) any bugs, viruses, or the like (regardless of the source of origination). Notwithstanding anything to the contrary contained herein, Tunespeak's liability to you for any cause, regardless of the form of the action, will be limited to injunctive relief only, unless otherwise permitted by law, and you shall not be entitled to damages of any kind from Tunespeak.
Indemnification. You shall defend, indemnify, and hold Tunespeak, its affiliates, licensees, employees, contractors, agents, and representatives harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees and other legal costs) that arise from or relate to your use or misuse of, or access to, the Service and Content, your violation of any warranties, representations, or agreements made under the Terms, your infringement of any Content, or from any third party improperly using your account. Tunespeak reserves the right to control defense of any claim otherwise subject to indemnification by you, but you shall assist and cooperate with Tunespeak in providing any defense.
Electronic Delivery/Notice Policy. By using the Services, you consent to receive from Tunespeak all communications, including notices, agreements, legally required disclosures, or other information in connection with the Services electronically at the e-mail provided by you. Tunespeak may also provide such notices by posting them on the Site.
Miscellaneous.
1. Tunespeak shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Tunespeak's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. Tunespeak may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms, and neither party has any authority of any kind to bind the other in any respect.
2. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover court costs and reasonable attorneys' fees.
3. No failure by Tunespeak to perform any of its material obligations hereunder shall be deemed to be a breach of these Terms until written notice of such failure has been sent to Tunespeak (e-mail notice shall suffice), and such failure has not been corrected within thirty (30) days after Tunespeak's receipt of such notice.
4. These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Missouri and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that any available claim arising out of or relating to these terms may only be filed only in the state or federal courts located in Missouri and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SERVICE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
5. The Terms and other referenced material contain the entire agreement between you and Tunespeak with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether verbal, written or electronic). If any provision hereof is found to be unenforceable, unlawful, or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the rest of the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Acceptance of Terms.
1. The Service is offered subject to the acceptance of these Terms, and all other operating rules, policies, and procedures that may be published on the Site by Tunespeak, which are incorporated by reference.
2. Tunespeak reserves the right, at its sole discretion, to modify or replace these Terms or other supplementary rules by posting the updated terms on the Site. It is your responsibility to check the Terms periodically for changes; provided, however, that your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.
3. Tunespeak reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. Tunespeak may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. You agree that you do not have any rights in this Service and that Tunespeak will have no liability to you if this Service is discontinued or your ability to access the Service or any content you may have posted on the Service is terminated.
4. You represent and warrant that you are at least 13 years old (or the required age set forth in the specific Contest/Raffle Terms & Conditions and/or contest/raffle details) and that all registration information you submit is accurate and truthful. If you are under the age of 18, you hereby represent that you are using the Service with the consent of your parent or guardian (Guardian), and that said Guardian is at least 18 years old, is the legal Guardian of the person listed on the Tunespeak account, and that said Guardian has expressly given permission to access the Service. This service is not directed at children. Tunespeak reserves the right to ask for proof of age from you, and your account may be suspended until satisfactory proof of age is provided. Tunespeak may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.