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Terms and Conditions – R&R Music Limited (“tunehog”)

  • Your Agreement

    This agreement is a legally binding agreement between you and R&R Music Limited a company registered in Scotland number SC344843 and applies to all trading divisions and services including the tunehog brand and is governed by the laws of the United Kingdom (Scotland). The sites are the property of R&R Music Limited (“R&R”) and its licensors.

    By visiting and interacting with any part of the tunehog website or any function made available through the tunehog domain names, regardless of whether you are a registered or unregistered user, you are signifying that you expressly and unconditionally agree to these Terms and Conditions in their entirety, and to R&R’s Privacy Notice and Guidelines. If you do not agree to any part of these Terms and Conditions, or to any of the tunehog website's policies including their Privacy Notice and Guidelines you are NOT permitted to use the tunehog websites. R&R at its sole discretion may make amendments, modifications or revisions to any part of these Terms and Conditions at any time and by using the tunehog website you also agree to be bound by any modifications or revisions as they take place. It is therefore in your interest to regularly review these Terms and Conditions. By accessing any of the tunehog websites you agree to the following:

    1. You agree not to distribute any part of the tunehog websites whatsoever without the prior consent of R&R.
    2. You agree not access or attempt to access any part of tunehog’s websites and all of their functions and applications by any means other than by following the correct and approved procedure for accessing tunehog’s websites, functions and applications.
    3. You agree not to alter or modify in any way any part of tunehog ‘s websites or content or software or applications.
    4. You agree not to use any part of the tunehog’s website, content, software or applications for any commercial use whatsoever without the prior consent of R&R. This does not include using the tunehog embeddable player on your website. If you do use the tunehog embeddable player on your website you must not alter or modify the player in any way and must include a link to the tunehog website on each page the player appears.
    5. You agree not to use any part of any tunehog’s websites, content, software or applications to compete with tunehog.
    6. You agree to comply fully with the Terms and Conditions, the Privacy Notice, Guidelines and any other policies of R&R.
    7. You agree to access user submissions on tunehog’s websites for information and personal use only and as intended through the appropriate functionality of the applicable tunehog website.
    8. You agree NOT to download, copy, reproduce, sell, licence, display or distribute in any way any part of the tunehog website including ALL of its content, intellectual property, trademarks, applications, software, graphics, logos or any other aspect of tunehog’s websites without prior written permission to do so from R&R as these are either made available "as is" (as with user submissions) or owned or licensed by R&R and are therefore subject to copyright and intellectual property rights under the law.
    9. You agree not to disable or interfere with any security-related features of tunehog websites such as those preventing the use of copying content or password protection or otherwise placing limitations on the use of any part of tunehog’s websites.
  • Websites

    These Terms and Conditions apply to ALL visitors to the tunehog website regardless of whether they are registered or unregistered users and in whatever capacity they are accessing the site including contributors of any content of any kind. These Terms and Conditions also extend to all products and services of any kind including software and applications or any other function available via tunehog’s websites. tunehog websites may contain links to other third party websites over which R&R has no authority or control and therefore R&R will not under any circumstances accept responsibility for any policies, practices or content of any third party websites or from any liability arising from your use of any third party websites accessed via tunehog websites. R&R will allow public search engines permission to use spiders to copy information from tunehog websites for the sole purpose of enabling a public search facility and for no other reason unless expressly permitted to do so by R&R. At its sole discretion R&R can revoke any part of this agreement and reserves the right to discontinue alter or modify in any way any part of tunehog websites at any time. R&R accepts no responsibility for the accuracy, relevance or intellectual property rights relating to any user submissions. By agreeing to these Terms and Conditions you agree to relieve R&R of any liability arising from your use of any third party websites via tunehog websites.

    R&R shall not be responsible for any connection or access to tunehog websites by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access tunehog websites via the internet, and any internet access charges thereon.

    R&R will make all reasonable efforts to ensure that tunehog websites remain operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of R&R may, from time to time, result in temporary service interruptions. R&R also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the tunehog service with or without notice. You agree that R&R shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the tunehog service.

    You will not be allowed to access your tunehog service account from multiple devices (e.g. computers or mobile handsets) at the same time.

  • Your tunehog Account

    Certain features within tunehog websites will be accessible to registered users only. In order to access these features you will be required to create a tunehog account. You must only operate one account and it is your sole responsibility to ensure that the information held is accurate and that your password remains secure. R&R accepts no responsibility for any losses or damage incurred as a result of unauthorised access on your account. If you suspect unauthorised access to your account you must inform R&R immediately so that the appropriate action can be taken. Failure to do so may result in you being held liable for any damage or losses incurred by R&R as a result of unauthorised use of your account. By using tunehog websites and creating an account you are confirming that you are:

    1. Over 18 years of age and fully able and competent to accept and agree to all aspects of these Terms and Conditions
    2. Or

    3. Under 18 years of age but over 13 years of age and have the full consent of your parents, legal parents or legal guardian who have read and accept and agree to all aspects of these Terms and Conditions. NOTE: If you are under 13 years of age then you are not permitted to use tunehog websites as some of the content is deemed unsuitable and not intended for minors under the age of 13.
  • Your User Submissions and Conduct

    As a tunehog account holder you are fully responsible for any submissions you make to the site in any format including but not limited to text, video, sound, images, comments (referred to as user submissions) and for complying with the necessary copyright and intellectual property rights and for obtaining any licences or permissions required for the material you submit. You as the account holder are also fully responsible for any consequences arising from any material you submit to the tunehog websites. You agree not to submit material that is copyrighted or otherwise protected unless you are the owner of the rights or have the express permission of the owner of the rights to use the material and to grant R&R all of the license rights. By submitting material to tunehog websites you retain ownership of that material but automatically authorise users of tunehog websites access to your user submissions and to make use of the material as allowed by the normal functionality of tunehog websites. You also grant R&R permission to copy, distribute, reproduce or otherwise make use of the material as allowed by the normal functionality of the tunehog websites and grant R&R non-exclusive royalty-free transferable licence to copy, distribute, reproduce and otherwise make use of user submissions in part or in full in any media format or media channel on a worldwide basis in connection with tunehog websites or for promoting tunehog. You fully accept that R&R cannot guarantee confidentiality with respect to any user submissions.

  • Breach of Copyright

    1. 1. If you have reason to believe that copyright has been breached and you are either the copyright owner or an agent thereof then submit a notification to copyright@tunehog.com with the following information:
      1. Identification of the work or works infringing on copyright laws and that you wish to be removed or made unavailable.
      2. A signed statement by you that
        1. you have a good faith belief that the material is in breach of copyright
        2. the copyright owner or agent thereof has not authorised its use
        3. the information in the notification is accurate under penalty of perjury
        4. you are authorised to act on behalf of the owner of an exclusive right that has allegedly been infringed
      3. Provide full contact details to enable our service provider or other agents to contact you in order to resolve the issue.
    2. If you believe that your user submission that was removed (or to which access was made unavailable) is not infringing on any copyright, or that you have the necessary authorisation from the copyright owner or agent thereof you can submit a counter notice to contact@tunehog.com providing the following information:
      1. Identification of the work or works that have been removed or made unavailable and the location of the said work or works before removed or made unavailable.
      2. A signed statement by you that you
      1. have a good faith belief that the material was removed or made unavailable by mistake or misunderstanding
      2. agree to abide by the laws of the United Kingdom (Scotland).
    3. Provide full contact details to enable our service provider or other agents to contact you in order to resolve the issue.
  • At the sole discretion of R&R, a copy of the counter notice may be sent to the person originating the copyright breach informing them that unless they raise an action to secure a court order against the provider of the content within 10 working days of receipt of the counter notice, the content may be restored without further notice.
  • Any other communication, requests for information, feedback, comments and questions should be directed to tunehog customer service via contact@tunehog.com.
  • Account Termination Policy

    R&R reserve the right to immediately terminate a user's access to its website without notice if they are deemed by R&R to be infringing on the conditions set out in these Terms and Conditions. R&R reserves the right to decide whether content submitted to tunehog websites are appropriate and whether it complies with these Terms and Conditions for violations other than copyright infringement. R&R reserve the right to immediately remove and terminate the account of any user submitting content considered by R&R to be unsuitable or inappropriate including but not limited to pornographic, obscene, racist or otherwise defamatory material. At its sole discretion, R&R may remove such submissions and/or terminate a user's access for uploading such material in violation of these Terms and Conditions.

  • Payments/Refund Policy

    All sales are final and all monies from any sales are non-refundable. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“Credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion of R&R. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. All payments on tunehog websites are processed via PayPal. After payment is received you will receive instructions for the delivery of your digital content. You are not able to cancel or return any purchases of digital content after you have confirmed payment unless they are defective.

  • Indemnity

    By using the tunehog website you agree to indemnify R&R and all its officers, directors, employees and any agents of R&R including the parent company or any other associated companies of any liability or losses or expenses or claims or obligations of any kind. This includes but is not limited to exposure to inaccurate, offensive or otherwise objectionable material including but not limited to violation of Copyright, Intellectual Property or Privacy right of any third party/parties.

  • Limitation of Liability

    You agree that by accessing any part of tunehog websites you are doing so at your sole risk to the fullest extent permitted by law. Under no circumstances will R&R or any of its officers, directors employees or agents be held liable for any damages whatsoever of any kind arising as a result of

    1. any errors or omissions in the content of tunehog websites
    2. any personal injury or damage to property as a result of using or accessing the tunehog website
    3. any unauthorised use or access to tunehog websites, servers or personal data contained on tunehog websites
    4. any damage or loss incurred as a result of viruses (or similar) transmitted to or via the tunehog website by any third party
    5. any errors or omissions in content of any kind you have posted, transmitted or otherwise made available on tunehog websites either knowingly or unknowingly

    R&R does not endorse, guarantee or take any responsibility for any product or service advertised or offered via any part of tunehog websites including but not limited to banners and links and accepts no responsibility for any transactions undertaken by any user of tunehog websites and any of the suppliers of products or services offered by any third party via tunehog websites.

    R&R and tunehog websites operate from their offices in the United Kingdom within Europe and as such R&R does not make any claim that the content of the website is suitable, appropriate or available in locations outside Europe. Anyone using or accessing any part of tunehog websites from any location outside Europe is fully responsible for complying with the relevant local laws.

    BY ACCESSING THE TUNEHOG WEBSITES YOU HEREBY CONFIRM THAT YOU FULLY ACCEPT THESE TERMS AND CONDITIONS IN THEIR ENTIRETY AND THAT R&R SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY USER SUBMISSIONS OR CONDUCT OR FOR ANY DEFAMATORY, OFFENSIVE, RACIST OR OTHERWISE UNDESIRABLE CONDUCT OF ANY THIRD PARTY FOR ANY REASON WHATSOEVER.

  • Governing Laws and Disputes

    Any claim or dispute between you or any third party and R&R arising from the tunehog websites shall be decided by a court of law located in Scotland. Both parties expressly agree that any dispute resulting in action related to tunehog websites must begin within one month of the date that the cause of the action first took place otherwise the cause of action is permanently barred. These Terms and Conditions, including the Privacy Notice, Guidelines and any other tunehog policies which may be published on the tunehog website represents the entire agreement between you and tunehog regarding use of the tunehog website. Should any part of these Terms and Conditions be declared void or invalid by a competent court of law based in Scotland, this will not affect the validity of the remainder of these Terms and Conditions which will remain fully enforceable.

    In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.

  • Contact Us

    Please direct any notice, questions, complaints, claims and feedback regarding these Terms and Conditions by e-mail to contact@tunehog.com.

    Updated:October 2012

    tunehog is a division of R&R Music Limited incorporated in Scotland number SC344843 Registered office: 2 Melville Street, Falkirk FK1 1HZ