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SERVICE CONDITIONS

These Terms and Conditions were last amended and became effective as of October 1, 2024.

TUNECONTROL TERMS AND CONDITIONS

Welcome to www.tunecontroldistribution.com, www.tunecontrolapp.com and www.distribution.tune-control.com the official websites of TuneControl, LLC, a digital music distribution service for people residing in and outside the United States.

The following Terms and Conditions (the “Terms”) apply to all users of www.tunecontroldistribution.com, www.tunecontrolapp.com, www.distribution.tune-control.com and its associated websites (collectively, the “TuneControl Site”), which are operated by TuneControl, LLC (“TuneControl”), together with the TuneControl Site, the “Dealer Sites”), including your use of any content, information, products or services on such sites. These Terms represent a legally binding agreement between you, an individual user or entity (collectively or individually, the “Users”), TuneControl with respect to your use of the TuneControl Site. Users or Distributors are referred to herein individually as a “Party” and Users and Distributors collectively as the “Parties”. When using the TuneControl Site, you will be subject to any supplemental terms or rules published in addition, applicable to specific services and features that are published from time to time on the applicable site (the “Supplemental Terms”). All Supplemental Terms are incorporated by reference into these Terms.

BEFORE USING THE DISTRIBUTOR SITES, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY REGISTERING ON, ACCESSING, BROWSING OR USING THE DISTRIBUTOR SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOLLOWING TERMS, INCLUDING ANY SUPPLEMENTAL TERMS, AND THAT YOU AGREE TO BE BOUND BY THEM AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE DISTRIBUTOR SITES.

Eligibility. In order to use the Distributor Sites, you must be eighteen (18) years of age or older (or at least thirteen (13) years of age and possess the consent of your parent or legal guardian), and have full capacity and power to (i) enter into the terms, conditions, obligations, obligations, affirmations, representations and warranties set forth in these Terms; and (ii) abide by and comply with these Terms. You hereby represent that you meet the eligibility requirements of this Section.

Privacy Notice. Your privacy is important to us. Please carefully read the Distributor Sites Privacy Policy at www.tunecontroldistribution/terms for information regarding the Distributor's collection, use and disclosure of your personal information.

Modification of Terms. The Distributor reserves the right, at its discretion, to change, modify, add or remove portions of these Terms, including Supplemental Terms, at any time and for any reason, and we may notify you of such changes through any of a number of means, including a change in the “Last Updated” date set forth above and such other reasonable means as we determine in our sole discretion. All changes will be effective immediately. In the event of a material change that may directly affect your account, we will use our best efforts to notify you via the most recent email address associated with your account that you have provided to us. Please check these Terms periodically for changes. Your continued use of the Distributor Sites following the posting of such changes will constitute your binding acceptance of those changes.

Access to Distributor Sites and Links. Distributor grants you permission to use the Distributor Sites as set forth in these Terms, provided that (i) you use the Distributor Sites solely for personal purposes; (ii) you do not download, reproduce, redistribute, retransmit, republish, post, resell, distribute, publicly display or otherwise exploit in any manner not expressly permitted in these Terms any portion of the Distributor Sites by any means without Distributor's prior written permission; (iii) you do not alter or modify any part of the Distributor Sites in a way that is not reasonably necessary to use the Distributor Sites for their intended purposes; (iv) you do not engage in any of the prohibited uses described in Section 11 below; and (v) you comply fully with these Terms. TuneControl controls and offers the TuneControl Site from its facilities in the United States of America. Dealer makes no representation that the Dealer Sites are available in other locations or appropriate for use in such other locations. If you access or use the Distributor Sites from other jurisdictions, you are responsible for compliance with local laws and, to the extent permitted in the jurisdiction in which you are located, you waive your right to assert claims or avail yourself of protections afforded to you in such jurisdiction that are not available in the United States of America or the EU, as applicable.

Distributor Ownership; Proprietary Rights.

General Information. The Distributor Sites, including the content, visual interfaces, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, services, proprietary information, service marks, trademarks, trade names, trade dress, distinctive information (such as logos), the selection, arrangement, appearance, style and layout of elements and all other components of the Distributor Sites that are provided by Distributor (“Distributor Materials”) are owned by or licensed to Distributor and are legally protected, including but not limited to, under U.S. federal and state laws and regulations and U.S. federal and state laws and regulations, and U.S. federal and state laws and regulations. The Distributor Materials are owned by or licensed to the Distributor and are legally protected, without limitation, under U.S. federal and state laws and regulations and Luxembourg laws and regulations, as applicable, as well as applicable foreign laws, regulations and treaties. Distributor Materials do not include Third Party Content (as defined below). Except as expressly authorized by Distributor, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit or adapt the Distributor Sites or Distributor Materials, create derivative works therefrom or otherwise make unauthorized use thereof. Distributor reserves all rights not expressly granted in these Terms. You will not acquire any right, title or interest in or to the Distributor Materials except for the limited rights expressly set forth in these Terms.
Applications and Other Downloadable Software. If any of the Distributor Materials we make available to you is downloadable software, we will grant you a license to such software and all files, images and data related thereto. Such license is a personal, limited, non-transferable, non-sublicensable, revocable license, and we reserve the right to alter or revoke the license at any time upon notice to you. Upon receipt of notice of revocation, you must destroy all copies of the software in your possession or stored on systems under your control. You do not own the downloaded software and we do not transfer ownership of the software to you. We retain full ownership and title to the downloaded software and all intellectual property rights related thereto. You may not redistribute or sell the software, decompile it, reverse engineer it, disassemble it or otherwise reduce it to a human-perceivable form (except to the extent such activity is expressly permitted by applicable law notwithstanding this limitation). Software downloaded from the Distributor Sites is subject to the export control laws of the United States and Luxembourg. In the event that you download software from the Distributor Sites, you represent and warrant to us that you are not acting in violation of such laws.

1. User content.

General Information. The Distributor Site may currently or in the future allow you and other Users to post or link to multimedia, text, audio and video recordings, photos, graphics, comments or other information or content (“User Content”), and to host or share such User Content. User Content is not controlled by Distributor. Distributor makes no representation that your User Content will remain available through the Distributor Site in any form. We may remove your User Content at our sole discretion. You understand that any User Content you post on the Distributor Site is made available to users of the Distributor Site, and Distributor does not guarantee any confidentiality with respect to such User Content, nor does Distributor guarantee that your intellectual or proprietary rights in such User Content will not be infringed or misappropriated.
Grant of Rights. Except with respect to “Compositions” and “Recordings” (each as defined in the Supplemental Terms: Editorial Administration), which terms of service are governed by the Supplemental Terms: Editorial Administration, by submitting User Content to Distributor, you hereby grant to Distributor and its affiliates a non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, digitize, encode, store, transmit, distribute, modify, adapt, translate, display, perform and communicate to the public such User Content, prepare derivative works thereof and otherwise exploit it in connection with the Distributor Site and Distributor's business (and that of its successors, assigns and sublicensees and their respective affiliates), including, without limitation, for the promotion and redistribution of part or all of the Distributor Site (and derivative works thereof) in any media formats and through any media channels or through marketing. You grant to Distributor and its affiliates, assignees and sublicensees (and their respective affiliates) the right to use, if they choose to do so, the name that you submit in connection with such User Content. You also hereby grant each User of the Distributor Site a non-exclusive license to access your User Content through the Distributor Site, and to use, reproduce, distribute, modify, adapt, translate, display and perform such User Content or prepare derivative works thereof as permitted by the functionality of the Distributor Site and these Terms. The foregoing licenses granted by you to User Content that you submit to the Distributor Site shall be perpetual and irrevocable, except that, with respect to any User Content that you have removed or deleted while you have an active user account on the Distributor Site or any User Content that survives the deactivation or deletion of your user account from the Distributor Site, you may specifically notify the Distributor of any such User Content that you have removed or deleted while your user account is active on the Distributor Site, you may specifically notify the Distributor of the termination of the foregoing license granted by you to the Distributor, specifically identifying the items of User Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to the Distributor. However, you understand and agree that, even after such termination, Distributor may retain, but not display or perform, server copies of such User Content. Notwithstanding anything to the contrary herein, the foregoing licenses granted by you that you submit as Feedback (as defined below) shall be perpetual and irrevocable.
Disclaimer for User Content. Except for the limited license granted above, we do not obtain or hold any rights in, and do not exercise editorial control over, User Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Users with respect to such User Content.

2. Your warranties and representations.

You warrant and represent that: (i) you are eighteen (18) years of age or older or (ii) you are thirteen (13) years of age or older and have the written consent of your parent or legal guardian to enter into these Terms.
In connection with User Content, you affirm, represent and/or warrant (a) that you own or possess the necessary licenses, rights, consents and permissions to use, and authorize Distributor to use, all patents, trademarks, copyrights or other proprietary rights in any User Content to enable its inclusion and use in the manner contemplated by Distributor and these Terms, and to grant the rights and license set forth in this Section and (b) that your User Content, Distributor's use of such User Content under these Terms and Distributor's exercise of the license rights set forth in these Terms do not and will not incur any of the following: (i) infringements, violations or misappropriations of any third party rights, including copyrights, trademarks, patents, trade secrets, moral rights, right of privacy, right of publicity or any other intellectual property or proprietary rights; (ii) libel, defamation, slander or invasion of the right of privacy, publicity or other proprietary rights of any other person; or (iii) violations of any applicable law or regulation.
Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you also agree not to disseminate, post, submit, transmit or otherwise make available on the Distributor Sites: (i) any falsehood or misrepresentation that could damage the Distributor or any third party; (ii) any material that is unlawful, defamatory, libelous, defamatory, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harmful, racially or ethnically offensive, harassing, hateful, or otherwise objectionable or encourages conduct that would constitute a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iii) commercial advertisements or solicitations for any product or service; or (iv) any material that would be harmful to minors in any way.

Except with respect to “Compositions” and “Recordings” (each as defined in the Supplemental Terms: Editorial Administration), which terms of service are governed by the Supplemental Terms: Editorial Administration, you understand that by using the Distributor Site you will be exposed to User Content, advertising and other third party content (collectively, “Third Party Content”) from a variety of sources and that you may be exposed to Third Party Content that is inaccurate, offensive, indecent or otherwise objectionable. Distributor does not endorse any Third Party Content or any opinion, recommendation or advice expressed therein. Under no circumstances shall Distributor have any liability for or in connection with any Third Party Content, including, without limitation, liability for any inaccuracies, errors or omissions in any Third Party Content, any intellectual property infringement or misappropriation with respect to any Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any non-Distributor Content posted, e-mailed or otherwise transmitted via the Site.

Failure to Monitor Users and Third Party Content. Except with respect to “Compositions” and “Recordings” (each as defined in the Supplemental Terms: Editorial Administration), the terms of service for which are governed by the Supplemental Terms: Editorial Administration, you understand that you, and not Distributor, are fully responsible for all User Content that you upload, post, email, transmit or otherwise provide through the Distributor Site. Distributor does not control third party Content posted by Users or otherwise provided by other persons or entities and has no obligation to monitor such third party Content for any purpose. If at any time Distributor decides, in its sole discretion, to monitor Third Party Content, Distributor assumes no responsibility for such content, no obligation to modify or remove any Third Party Content that is inappropriate, no obligation to continue to monitor Third Party Content, and no responsibility for the conduct of the User or other person or entity submitting such Third Party Content. You agree that you must evaluate the use of any User Content or other Third Party Content and bear all risks associated therewith, including the risks of reliance on the accuracy, completeness, usefulness, non-infringement or legality of such User Content or other Third Party Content.

Removal of Content. Except with respect to “Compositions” and “Recordings” (each as defined in the Supplemental Terms: Editorial Management), which terms of service are governed by the Supplemental Terms: Editorial Management, Distributor and its delegates shall have the right (but not the obligation), in their sole discretion, to refuse to post or remove any User Content or Third Party Content that is available on the Distributor Site, in whole or in part, at any time and for any or no reason, with or without notice, and without liability of any kind.

Prohibited Uses of Distributor Sites.

- As a condition of your use of the Distributor Sites, you hereby represent and warrant that you will not use the Distributor Sites for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section 11) under these Terms.
- Any use by you of any of the Distributor Materials and Distributor Sites other than for personal purposes is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit any portion of the Distributor Sites, use of the Distributor Sites, access to the Distributor Sites or Third Party Content obtained through the Distributor Sites for any purpose other than your personal use.
- You agree not to use the Reseller Sites if you do not meet the eligibility requirements described in Section 1 above.
- You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Reseller Sites, or collect or attempt to collect personal information about Users or third parties without their consent.
- You agree not to intentionally damage, impair, disable or interfere with the operation of the Reseller Sites or any User's enjoyment of them by any means whatsoever, including, but not limited to, uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code or imposing an unreasonable burden on the Reseller Sites with the intended result of denying service to other Users.
- You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Distributor Sites, any features that prevent or restrict use or copying of any part of the Distributor Sites or any features that enforce limitations on use of the Distributor Sites.
- You agree not to attempt to gain unauthorized access to the Distributor Sites or any portion thereof, or to any other accounts, computer systems or networks connected to the Distributor Sites or any portion thereof, through hacking, password mining or any other means and not to interfere or attempt to interfere with the proper working of the Distributor Sites or any activities conducted through them.
- You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Reseller Sites. You agree not to modify the Reseller Sites in any manner (except by contributing User Content as permitted by the functionality of the Reseller Sites and in accordance with these Terms) or use modified versions of the Reseller Sites, including (but not limited to) using such versions for the purpose of gaining unauthorized access to the Reseller Sites.
- You agree not to use any robot, spider, scraper or other automated means to access the Reseller Sites for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Reseller Sites. 10. You agree not to use framing techniques to encapsulate any Distributor trademark, logo, or other Distributor Materials without our prior written consent. You agree not to use any meta tags or any other “hidden text” including Distributor’s name or trademarks without Distributor’s express written consent.
- You agree not to use any Distributor logo, graphic, or trademark as part of any website link, including, but not limited to, links to the Distributor Sites, without our prior written consent.
- You agree not to make unsolicited offers, advertisements, or proposals or send junk mail or spam to other users of the Distributor Sites. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, mass mailings, chain letters, informational announcements, charitable solicitations, and petitions for signatures.
- You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Reseller Sites or any portion thereof, except and only to the extent such activity is expressly permitted by applicable law notwithstanding this limitation.
- You agree not to modify, adapt, translate or create derivative works based on the Reseller Sites or any portion thereof, except and only to the extent such activity is expressly permitted by applicable law notwithstanding this limitation.
- You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Unauthorized or prohibited use of the Distributor Sites or Distributor Materials may subject you to civil liability, criminal prosecution, or both under federal, state, and local laws.

Account information.

You will be required to create an account to subscribe to the services provided hereunder and to access certain features of the Reseller Sites. You acknowledge, consent and agree that Reseller may access, preserve and disclose your account information and User Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to any claim that your User Content violates the rights of third parties; (d) provide you with certain personalized features of the Reseller Sites, if applicable; (e) respond when you contact Reseller for any reason; or (f) protect the rights, property or personal safety of Reseller, its other Users and the public. You may cancel your account with us at any time by sending an email to support@tunecontrolapp.com. We reserve the right to immediately reject or terminate your account at our sole discretion and without notice.
Purchase of Products.
1. Placing an order for products you wish to purchase on the Distributor Site constitutes an offer to purchase the ordered products under the terms specified in the applicable order. Once your order has been placed, we will send you an email to indicate receipt of your order. This email is only a confirmation of receipt of your order and does not constitute acceptance of your offer to purchase. We reserve the right to reject any order, for any reason or no reason, always subject to our compliance with applicable law. With respect to orders for physical products, your order and offer to purchase will be deemed accepted when we have packaged your order and delivered it to the carrier, and you will receive an email confirming that your order has been accepted when such order has been delivered to the carrier. Title to the products you order and the risk of loss for such physical products will pass to you when the physical product has been delivered to the carrier.
2. By submitting an order, you authorize us or our third party payment processor to process a charge using the credit card and other payment information you provide in order to authenticate your identity, validate your payment card, obtain payment authorization, and otherwise authorize the applicable transaction. You consent to our use of any information provided by you, including personally identifiable information, and to conduct anti-fraud checks, in our sole discretion, and this authorization shall be valid for our third party payment processor's use of such information. In performing such checks, we or our third party payment processor may disclose (and you authorize us and our third party payment processor to disclose) your information to credit reference and fraud prevention service providers, who may maintain a record of the information disclosed.
3. The Distributor does not guarantee immediate availability or continued availability of a particular product. If we are unable to fulfill an order, you will be entitled to a full refund. You are responsible for inspecting your order upon receipt. Any damage to physical products that occurs during shipping will be the responsibility of the carrier, subject to tariffs and other limitations on the carrier's liability, if any. The carrier will not be required to obtain a signature upon delivery unless you specify otherwise when placing your order.
4. All return requests must be made in writing no later than fourteen (14) days after the carrier delivers your order. If your purchase proves defective, we will either (a) replace the defective product with the same or equivalent product or (b) refund your purchase price, at our sole discretion. We may, but are not obligated to, accept returns for other reasons, in which case we will provide you with a replacement product or credit, at our sole discretion. To request a return, you must submit your request to support@tunecontrolapp.com. Should we authorize your return request, you will be provided with a return authorization code. We will not process any returns without a return authorization code. Physical products must be returned in their original packaging.
5. Prices displayed on the Reseller Site are in United States dollars (USD), excluding shipping, taxes (including sales tax and VAT, if applicable), insurance, customs duties, and other charges imposed by third parties. All such charges will be reflected in the final summary of an order before it is accepted.
6. In addition to product purchases, certain other aspects of the Reseller Site may require you to pay a fee, details of which are available in various areas of the Reseller Site that enable purchases of products, features or services. You agree to pay all applicable fees and taxes incurred by you or anyone using your account. We may update the prices of products, services or features offered through the Reseller Site at any time. Unless otherwise stated, all monetary values will refer to United States dollars (USD). All fees and charges will be payable in accordance with the payment terms in effect at the time the fee or charge becomes due. If there is a dispute regarding payment for fees, products or services provided by us, we may close your account without warning or advance notice, at our sole discretion. Except as otherwise set forth in any return policy or cancellation policy expressly applicable to our products, services, or features, you acknowledge and agree that any applicable fees and other charges for products, services, or features are nonrefundable, in whole or in part. You will be fully responsible for all charges made to your account, including unauthorized charges.
Password. If you register, you will be asked to provide a password. You will be responsible for all activities that occur under your password and you must keep it confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, unauthorized disclosure or use of your account ID or password), you must immediately notify Distributor. You are solely responsible for any losses incurred by you, Distributor or third parties due to any unauthorized use of your account.
Change of residence for tax purposes.
1. In the event that you (i) change your residency to another jurisdiction or are no longer a citizen of the country you entered when accessing the Distributor Sites and, as a result of such change, are no longer treated as a resident of such country for tax purposes or (ii) change your residency from another jurisdiction to the United States or become a citizen of the United States and, as a result of such change, are no longer treated as a resident of the United States for U.S. tax purposes, you must notify Distributor within thirty (30) days of such change (email shall be a suitable means) and include in your message your full name, new address, date of change of residency, telephone number, e-mail address, and, if you are a registered User, the User Name for your account with Distributor.
2. You expressly acknowledge that, in the event that you change your residency for tax purposes as described in Section 12.4(a) above, TuneControl may assign the Terms to which you are a Party to TuneControl. As a result of such assignment, you will no longer have a contractual relationship with the same Party with whom you had entered into a contractual agreement prior to your change of residency. You also acknowledge that, in connection with the provision of services under these Terms (including any Supplemental Terms, if any),

Dealings with Advertisers and Other Users. Your correspondence or business dealings with advertisers and other Users found on or through the Distributor Sites or your participation in promotions of such advertisers and Users are solely between you and such advertiser or User. You agree that Distributor shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers or Users on the Distributor Sites.

Service Availability. Distributor may make changes to or discontinue any of the media, web communities, products or services available within the Distributor Sites at any time without notice. The media, products or services on the Distributor Sites may be out of date, and Distributor makes no commitment to update such materials on the Distributor Sites.

Feedback. You agree that any comments, analyses, suggestions or opinions that you provide to Distributor (collectively, “Feedback”) shall become the property of Distributor. As consideration for Distributor providing access to the Distributor Sites at no charge or, in the case of Feedback provided using features of the Distributor Sites for which you are required to pay a fee, as additional consideration for your access to such features, you hereby assign to Distributor all right, title and interest, including all intellectual property rights, in and to the Feedback. Notwithstanding the foregoing, you agree that Distributor shall have the perpetual, irrevocable, worldwide right to use, copy, display, perform, translate, modify, license, sublicense and otherwise exploit all or any portion of the Feedback or any derivative thereof in any manner, form or media now known or hereafter developed without any remuneration, compensation or credit to User. You represent and warrant that you have the right to make the foregoing assignment and to grant to Distributor the rights granted under this Section 15 and that any Feedback you provide to Distributor does not infringe any third party intellectual property rights. Notwithstanding the foregoing assignment, Distributor hereby grants you a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual, irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.

Other Agreements. You acknowledge that in order to provide the Services and payments hereunder, Distributor will be required to enter into certain agreements with various third parties, including, but not limited to, digital service providers or payment processors. The selection of such Consumer Stores shall be at Distributor’s sole discretion. You agree that these Terms shall be subject to the applicable terms and conditions of such other agreements Distributor enters into with respect to such Consumer Stores. With respect to audiovisual recordings, you expressly acknowledge that certain Consumer Stores may require that their audiovisual recordings be made available on their websites at certain times and in certain formats in connection with the availability of such materials elsewhere in the marketplace. To the extent such requirements are not met, the applicable Consumer Stores may have the right to discontinue the availability of such audiovisual recordings in their stores. Distributor will, upon written request, provide you with the current specific details of such requirements.

Barcodes and Universal Product Codes. Distributor will provide you with barcodes and Universal Product Codes (“UPCs”) free of charge. These are for your use only and may not be transferred or resold. In the event they are transferred or resold, Distributor will charge you twenty-five U.S. dollars (US$25.00) for each barcode or UPC, plus any revenue you have generated from such transfer or resale. Distributor may deduct such charges from any payment owed to you by Distributor or charge such amounts to any alternative payment method you provide to Distributor (such as a PayPal account, credit card, or debit card).

Breach of Terms and Conditions. Termination. You agree that Distributor may terminate any account (or any part thereof) you may have through the Distributor Sites or your use of the Distributor Sites and delete all or part of your account, at any time and for any reason (including, without limitation, breach of these Terms) or for no reason at all, in Distributor’s sole discretion. You agree that your access to the Distributor Sites or any account you may have, or any part thereof, may be terminated without notice, and you agree that Distributor shall not be liable to you or any third party for such termination. These remedies are in addition to any other remedies Distributor may have at common law or in equity.

Indemnification and Indemnity. You agree to indemnify and hold harmless Distributor and its parent, subsidiaries, affiliates, or any related companies (including those with substantial cross-ownership) and the officers, directors, employees, agents, and representatives of any of them from and against any and all claims, losses, obligations, damages, liabilities, costs, debt, and expenses (including attorneys' fees) arising from (a) your use or misuse of the Distributor Sites; (b) your breach of these Terms; (c) your violation of the rights of any other person or entity, including claims that any of your User Content infringes or violates the intellectual property rights of any third party; (d) your breach of the foregoing representations, warranties, and covenants; and (e) any unauthorized use of your account not caused by Distributor. Distributor reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter out of which your indemnification obligations arise without Distributor's prior written consent. Distributor will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimers; No Warranties.
1. Acknowledgement. You expressly acknowledge that, as used in this Section 20 and Sections 21 and 22 below, the term “Distributor” includes Distributor’s parent company, subsidiaries, affiliates and other related companies (including those with substantial cross-ownership) and each of their officers, directors, employees, shareholders, members, agents and subcontractors.
2. No Warranties. To the fullest extent permissible pursuant to applicable law, Distributor disclaims all warranties, statutory, express or implied, applicable to the Distributor Sites and any User Content, Third Party Content, goods, services or features sold or otherwise made available to users on the Distributor Sites, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. No advice or information, whether written or oral, obtained by you from Distributor or through the Distributor Sites shall create any warranty not expressly stated herein.
3. Website Operation and Third Party Content. Distributor does not warrant that the Distributor Materials, Third Party Content, Distributor Sites or any other information offered on or through the Distributor Sites or any reference sites will be uninterrupted or error-free, or free of viruses or other harmful components, and Distributor does not warrant that any of the foregoing will be corrected.
4. Accuracy. Distributor does not warrant or make any representations regarding the use (or the results of the use) of the Distributor Sites or any reference sites in terms of their correctness, accuracy, reliability or otherwise.
5. Damage to Your Computer. You understand and agree that your use, downloading or otherwise accessing information, materials or data through the Distributor Sites (including through RSS feeds) or any reference site is at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from your use or downloading or otherwise accessing such material or data.
Limitation of liability and damages.
1. Limitation of Liability. Subject always to Section 22.1, under no circumstances and under no legal theory, including, but not limited to, negligence, shall Distributor or its partners, licensors or third party providers be liable for any special, indirect, incidental, consequential or punitive damages (including, without limitation, loss of profits or data and use or costs of cover) arising out of or in connection with these Terms or your use of or inability to use Distributor Materials and User Content on the Distributor Sites or any reference sites, or arising out of the Distributor Sites themselves or any other interactions with Distributor, even if Distributor has been advised of the possibility of such damages.
2. Limitation of Damages. Subject always to Section 22.1, in no event will the total liability of Distributor or its partners, licensors or third party providers to you for all damages, losses and causes of action arising out of or relating to these terms or your use of the Distributor Sites (whether in contract, tort (including negligence), warranty or otherwise) exceed the greater of one hundred U.S. dollars (US$100) or one-half of the annual fees paid by you to Distributor (if applicable) in the twelve (12) months immediately preceding the date on which the claim in question arose.
3. Third Party Products and Services. Some Users may use the Reseller Sites to market products or services. The foregoing limitations shall also apply with respect to damages incurred by reason of any such products or services marketed, sold or provided by Users, or otherwise offered by parties other than Reseller, and received by you through or advertised on the Reseller Sites or third party sites, including, without limitation, any referral site.
Limitations under applicable law. Basis of negotiation.
1. Limitations Under Applicable Law. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you are a resident of such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations of liability may not apply to you (or none of them may apply), and you might have additional rights. The limitations or exclusions of warranties, remedies, or liabilities set forth in these terms will apply to you to the maximum extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located. If you are a user located in the European Union, nothing in these terms attempts to exclude or limit the Reseller's liability for (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence; or (c) any other liability that cannot be excluded or limited under applicable law.
2. Basis of the Bargain. You acknowledge and agree that Distributor has offered its products and services and entered into these terms in reliance on the warranty disclaimers and limitations of liability set forth herein, that the warranty disclaimers and limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Distributor, and that the warranty disclaimers and limitations of liability set forth herein form an essential basis of the bargain between you and Distributor. You acknowledge and agree that Distributor would not be able to provide the Distributor Sites to you on an economically reasonable basis without these limitations.
Copyright compliance.
1. Infringement Claims. TuneControl, LLC. is the operator of the TuneControl Site. If you are a copyright owner or an agent thereof and believe that any User Content or other third-party Content infringes your copyright or intellectual property rights, you may submit a notification pursuant to Directive 2000/31/EC of the European Parliament, Directive (EU) 2019/790 of the European Parliament, or 17 U.S.C. §512(c)(3) of the Digital Millennium Copyright Act (“DMCA”), as applicable, by providing our Copyright Agent with the following information in writing:
  1. the handwritten or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works or a link or URL to all such works;
  3. the location of the material that is claimed to be infringing or to be the subject of infringing activity on the Distributor Sites and that is to be removed or access to which is to be disabled, including the link or URL of any such material on the Distributor Sites;
  4. information reasonably sufficient to permit the Distributor to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Distributor’s designated copyright agent (“Copyright Agent”) to receive notifications of claimed infringement is:

Failure to include all of the above information, including specific information about where the infringing content may be found, will result in a delay in processing your notice and you may be required to repeat all or part of the above process.

Notice and Takedown. If we receive proper notification of a claim of copyright infringement, we will respond expeditiously by removing or disabling access to the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with applicable provisions of the DMCA in the event a counter-notice is received to contest a claim, as described below.

We may, in our sole discretion, deny access to the Distributor Sites to potential infringing Users, or disable or terminate their accounts.

Counter-Notifications to Dispute Claims of Copyright Infringement. If content you posted on the Distributor Sites was removed for copyright or intellectual property infringement and you wish to dispute such removal, the counter-notification process, which is governed by Section 512(g) of the DMCA, is as follows:
1. To file a counter-notice with us, you must provide our Copyright Agent, at the address set forth above, a written communication setting forth the matters specified in Section 23.4 below.
2. Please note that under Section 512(f) of the DMCA, any person who knowingly makes a materially false statement that material or activity was removed or disabled as a result of mistake or misidentification may be subject to liability. Please also note that we have a policy that provides for the termination, in appropriate circumstances, of the accounts of Users who are found to be infringing (or the access privileges of such Users). Accordingly, if you are unsure whether certain material infringes your copyright or the copyright of another party, we suggest that you first contact an attorney.
Counter-Notification Elements. To expedite our processing of your counter-notification, we ask that you use the following format (including section numbers):
1. Please provide the specific URLs of the material that the Distributor has removed or to which the Distributor has disabled access (or other information sufficient to allow us to identify it).
2. Please provide your full name, address, telephone number, email address and, if you are a Registered User, the Username for your account with the Reseller.
3. Provide a statement that you submit to the jurisdiction of Luxembourg and that you will accept service of process from the person who provided notification of the claim to our Copyright Agent, in accordance with the process described above, or from an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
5. Please sign the notice. If you are sending a notice by email, a scanned handwritten signature or a valid electronic signature will be accepted. Please send the notice to the following address: copyright@tunecontrolapp.com.

After we receive your counter-notification, we will forward it to the party who filed the original claim of copyright infringement. Please note that when we forward the counter-notification, it will contain all of the Personally Identifiable Information that you included in the counter-notification. By submitting a counter-notification, you consent to such Personally Identifiable Information being disclosed in this manner. We will not forward the counter-notification to any party other than the original complainant.

After submitting the counter-notification, the complainant must notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Distributor Sites. If we receive such notification, we may not be able to restore the material. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed material.

Counter-Notification: If you reside outside of the United States, you should be aware that filing a counter-notification to contest a claim may result in legal proceedings between you and the complaining party to determine ownership of the material in question. Please note that making a false or bad faith allegation through this process may result in adverse legal consequences in Luxembourg or the United States of America. Please also note that we operate a policy that provides for the termination, in appropriate circumstances, of the access privileges of Users who make a false or bad faith allegation of infringement or who file a false or bad faith counter-notification in response to a notice of infringement. Therefore, if you are unsure whether content you posted on the Distributor Sites is infringing or are unsure whether to file a counter-notification using these procedures, we strongly recommend that you first contact an attorney familiar with the laws of Luxembourg, the United States, and the State of New York (as applicable). If you wish to file a counter-notification, you must follow the process set forth above under the heading “Elements of a Counter-Notification.”
Disclaimer: We are not your attorneys, and the information presented here does not constitute legal advice. We present this information for informational purposes only.

Miscellaneous clauses.

Notices. Distributor may give you notices, including those regarding changes to these Terms, by email, postal mail, or postings on the Distributor Sites. If notice is by email or postal mail, it will be sent to the email or postal mail address you have provided along with your account information and it will be your responsibility to update such account information in accordance with any changes. Notice to you will be deemed given twenty-four hours after an email is sent, unless Distributor is notified that the email address is invalid, and if sent by postal mail, three (3) days after the date of mailing. You may provide notices to Distributor only by mail to the address set forth in item (l) below.
Applicable Law. These Terms will be governed by and construed in accordance with the laws of Luxembourg, without giving effect to any principles of conflicts of laws. For the avoidance of doubt, the Uniform Computer Information Transactions Act does not apply to these Terms.
Jurisdiction. You agree that any action, whether at common law or in equity, arising out of or relating to these Terms or the Reseller Sites shall be filed only in Luxembourg, and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigation relating to any such action. You agree not to file or participate in any class action against us. In any action or proceeding brought to enforce any right or obligation arising under this agreement or your use of the Reseller Sites or relating to the subject matter hereof, you hereby waive any right you may now or hereafter have to a trial by jury.
Claims. You agree that any cause of action brought by you arising out of or related to the Distributor Sites must be commenced within one (1) year after the cause of action arose. Otherwise, such cause of action shall be permanently barred. If for any reason we believe, have reason to believe, or suspect that there is or are notified of any act, omission, or circumstance that could (i) compromise or endanger the health, welfare, or safety of any person, (ii) cause or result in damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon, or misappropriate the rights of any third party, (iv) harass or interfere with any other user or person, company, or enterprise, (v) circumvent or interfere with our security or other protective measures applicable to our systems, networks, and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we shall have the right, without prejudice to all other rights and remedies available to us at common law or in equity and under this agreement with you, which we reserve as a whole, to file complaints with the appropriate authorities and regulatory bodies and to law enforcement or to provide information to any and all of them and to pursue any action permitted by law. You agree that you may only bring a cause of action against the Party (i.e., or TuneControl) with whom you have or had a contractual relationship at the time the event giving rise to such cause of action occurred.
Waivers. A provision of these Terms may be waived only by a written instrument signed by the Party entitled to the benefit of such provision. The failure of either Party to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
Severability. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Assignment. You may not transfer or assign these Terms, or any rights or licenses granted hereunder. These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by Distributor to an affiliate of Distributor or any third party without restriction. Any attempted assignment in violation of these Terms will be void.
No Partnership. You agree that no joint venture, partnership, employment or agency relationship exists between you and Distributor under these Terms or your use of the Distributor Sites. You further acknowledge that by submitting User Content or other Third Party Content, no confidentiality, fiduciary, implied contractual or other relationship is created between you and Distributor other than in accordance with these Terms.
Post-Contractual Survival. Sections 5, 12, 15, 18, 19, 20, 21, 22, 23, and 24 (excluding your obligation to update account information), and any other provisions of these Terms that by their nature would survive termination of these Terms for any reason, will survive any termination of these Terms or your account by either you or Reseller.
Headings. Reference headings herein are for convenience only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and Distributor relating to the subject matter hereof and supersedes all prior communications, representations, understandings and agreements between the parties, whether oral or written, with respect to such subject matter, excluding any Service Agreement you may have entered into with Distributor. These Terms may not be modified except in writing signed by both parties or by a change to these Terms made by Distributor as set forth in Section 3 above.

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