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Terms of Use

 

We here at RockTunz hate these long, wordy legalese declarations. They’re boring as hell and, let’s face it...no one reads any of it (except maybe a couple of you lawyers out there). But, they are a necessary evil and there’s some important crap in there!


So, to make this process easier...yet still informative...we’re going to give you a summary sentence at the head of each paragraph. Of course, you’re more than welcome to read the rest.
OK...you can stop laughing now.

And...don't forget to check the box as you’re signing up. We’ll believe you.

WE'RE ROCKTUNZ...FROM CALIFORNIA. PLEASE CHECK THE BOX.
These Terms of Use apply to use of the RockTunz website located at http://www.rocktunz.com (RockTunz.com). RockTunz.com is the property of RockTunz, Inc., a California Corporation. Before making any purchases, you must first establish a customer account. These Terms of Use will govern your customer account. By clicking "I have read and agree to the Terms of Use" on the Member Sign Up Page, you agree to these terms of use. if you do not agree, do not click on the button and do not use RockTunz.com.

WHENEVER THE NEED, SPIRIT OR PLANETARY MIS-ALIGNMENT MOVES US, WE CAN CHANGE OR REMOVE ANY OF THIS STUFF...AND YOU STILL ACCEPT THE TERMS. THAT'S FAIR, ISN'T IT?
RockTunz reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use each time before using RockTunz.com. Your continued use of RockTunz.com following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, RockTunz grants you (End User) a personal, non-exclusive, non-transferable, limited privilege to enter and use RockTunz.com. If there is conflict between these Terms of Use and the terms posted for a specific service, feature or transaction offered on RockTunz.com, the latter terms shall control regarding that specific service, feature or transaction.

ROCKTUNZ HAS OBTAINED THE LICENSES FOR EVERYTHING YOU SEE OR HEAR. SO, WHAT HAPPENS ON ROCKTUNZ...STAYS ON ROCKTUNZ. THANK YOU!
All music (downloaded or samples), software, text, images, graphics, user interfaces, videos, photographs, trademarks, logos, and artwork (heretofore referred to as Content), including but not limited to the design, selection, arrangement, and coordination of such Content on RockTunz.com is owned or licensed by or to RockTunz, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms of Use, no part of RockTunz.com and no Content may be reproduced, recorded, broadcast, distributed, uploaded, posted, altered to make new works, performed, digitized, or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without RockTunz' prior express written consent.

WHAT YOU BUY AND DOWNLOAD IS FOR YOUR LISTENING ENJOYMENT. YOU CAN BURN CDs FROM YOUR MP3s, TOO. YOU JUST CAN’T CHANGE IT, GIVE IT AWAY OR SELL IT TO ANYONE ELSE. THAT WOULD BE JUST LIKE STEALING FROM THE ARTISTS. NOT COOL!
All downloaded music, images, video, artwork, text, software and other copyrightable materials (Content) are sublicensed to End Users and not sold, notwithstanding use of the terms sell, purchase, order, or buy on RockTunz.com or this Agreement. Your downloadable music (Digital Download) sublicense is nonexclusive, nontransferable, and cannot be sublicensed. End Users may play their Digital Downloads an unlimited number of times on the same registered personal computer or any other secondary or portable device. The End User may burn their Digital Downloads from the Primary Computer to make unlimited permanent to either write-once blank recordable CD-R compact discs and/or blank re-writable CD-RW compact discs.

Per the sublicense terms detailed directly above (Content Use Rules), you may use your Digital Downloads for personal use only. You are not permitted to redigitize any Content or upload said Content to the Internet. You may not create any derivative works by altering any of the Content. You may not use the Content in conjunction with any other third-party content (e.g., to provide sound for a film or video). You may not exploit any such Content or for commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices). You may not transfer or distribute Digital Downloads except as stated in the Content Use Rules. No other uses are permitted except as expressly stated as an authorized use under the Content Use Rules. You further agree to indemnify, defend and hold harmless RockTunz for your failure to comply with this section.

YOU NEED TO OPEN AN ACCOUNT FIRST...AND KEEP THE INFO TO YOURSELF. IF SOMEONE STEALS YOUR LOGIN INFO, LET US KNOW IMMEDIATELY.
Before using any of the services offered on RockTunz.com, you must first open an account. You are responsible for maintaining the confidentiality of your My Tunz information, including your password, and for all activity that occurs under your account. You agree to notify RockTunz immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by RockTunz or any other user of RockTunz.com due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time.

GIVING OUT YOUR ACCOUNT INFO (WHICH WILL BE ACCURATE) SO SOMEONE ELSE CAN USE YOUR ACCOUNT IS A NO-NO. A BIG ONE! WE’RE KEEPING IT PRIVATE, SO, YOU NEED TO DO THE SAME.
You may not attempt to gain unauthorized access to RockTunz.com. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Tunz will be terminated.

You agree to provide RockTunz with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account Information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the MyTunz button and selecting the appropriate link.

You must disclose certain personal information to use RockTunz.com, register, and make purchases. As a condition of registering with RockTunz.com or making any purchases of Digital Downloads or any other products, you represent that you have first read our Privacy Policy and consent to our collection, use and disclosure of your personal information and non-personal information. To make a purchase, you must at least disclose to us all of the following: (a) your name, (b) mailing address including zip code or equivalent, (c) transaction data including credit card number and titles of albums or songs purchased. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing RockTunz.com, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

ONCE YOU SIGN UP WITH ROCKTUNZ, WE’LL EMAIL YOU WITH NEW INFORMATION, UPDATES...OR, JUST TO SAY HELLO!
By establishing an account with us, and each time you make a purchase through RockTunz.com, you grant permission for RockTunz to contact you at your e-mail address.

YOU CAN CANCEL FOR ANY REASON...OR WE CAN CANCEL YOUR ACCOUNT IF WE FIND OUT YOU’VE VIOLATED ANY OF THESE TERMS. YOU MIGHT WANT TO READ THE NEXT TWO PARAGRAPHS.
You can cancel your RockTunz account for any reason at any time. You also agree that RockTunz may, in its sole discretion and without prior notice to you, terminate for cause your access to RockTunz.com, which includes (but is not limited to): (a) attempts to gain unauthorized access to RockTunz.com or assistance to others attempting to do so, (b) overcoming software security features limiting use of or protecting Digital Downloads, (c) discontinuance or material modification of RockTunz.com or any service offered on or through RockTunz.com, (d) violations of the Terms of Use, (e) failure to pay for purchases, (f) copyright infringement, (g) unexpected operational difficulties, or (h) requests by law enforcement or other government agencies.

You agree that RockTunz will not be liable to you or to any third party for termination of your access to RockTunz.com. The following provisions of these Terms of Use shall survive termination, whether for convenience or cause: Content, Content Use Rules, Prohibited Uses of Digital Downloads, Consent to Collection, Use and Disclosure of Your Personal Information, Consent to Our Communication With You By E-mail, Disclaimer of Warranties, and Limitation of Liability.

WE’RE RESPONSIBLE FOR EVERYTHING POSTED ON ROCKTUNZ. IT HAS BEEN CHECKED AND IS GUARANTEED TO BE VIRUS-FREE SO, YOU’RE RESPONSIBLE FOR YOUR COMPUTER.
THE WEBSITE, MUSIC SAMPLES, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED AS IS. ROCKTUNZ EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE ROCKTUNZ WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OF ROCKTUNZ.COM AND/OR DOWNLOADING OF MUSIC FILES OR THEIR USE. IN NO EVENT SHALL ROCKTUNZ OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE ROCKTUNZ SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE MUSIC OR SERVICES, OR FOR ANY NFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH ROCKTUNZ.COM, OR OTHERWISE ARISING OUT OF THE USE OF THE ROCKTUNZ SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF RockTunz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT ANY LIMITATION OF LIABILITY SHALL FAIL OF ITS ESSENTIAL PURPOSE, THE MAXIMUM LIABILITY THAT ROCKTUNZ SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO ROCKTUNZ BY END USER.

IT'S THE LAW!
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the Act), RockTunz Inc. (RockTunz) will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the RockTunz and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, RockTunz will terminate the infringing customer's account. RockTunz may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), RockTunz has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. RockTunz respects the intellectual property of others and we ask all users and visitors to do the same. If you believe that your copyright has been infringed through the RockTunz.com website, please contact: RockTunz via e-mail to info@rocktunz.com.

IF YOU FEEL WE’VE INFRINGED YOUR RIGHTS...HERE’S WHAT YOU NEED TO DO.
Any written notice describing the infringing activity must include the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed; (b). A description of the allegedly infringing work or material; (c) A description of where the allegedly infringing material is located on RockTunz.com; (d) Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address; (e) A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and (f). A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

You agree that all matters relating to your access to or use of or purchases made from RockTunz.com, including all disputes arising out of these Terms of Use, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Ventura County, California. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises.


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