TunA the Day is a social networking service that allows Members to listen to streamed music tracks and to share thoughts and ideas with other Members of the TunA community. The services offered by TunA the Day ("TunA the Day" or "we") include the TunA the Day website (the "TunA the Day Website") and any other features, content, or applications offered from time to time by TunA the Day in connection with the TunA the Day Website (collectively, the "TunA the Day Services"). The TunA the Day Services are hosted in the UK.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the TunA the Day Services. By using the TunA the Day Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the TunA the Day Website) or you are a "Member" (which means that you have registered with TunA the Day). The term "User" refers to a Visitor or a Member. You are only authorized to use the TunA the Day Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the TunA the Day Website and discontinue use of the TunA the Day Services immediately. If you wish to become a Member, communicate with other Members and make use of the TunA the Day Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes TunA the Day's policy for acceptable use of the TunA the Day Services and Content posted on the TunA the Day Website, your rights, obligations and restrictions regarding your use of the TunA the Day Services and TunA the Day's Privacy Policy. In order to participate in certain TunA the Day Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the TunA the Day Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
TunA the Day may modify this Agreement from time to time and such modification shall be effective upon posting by TunA the Day on the TunA the Day Website. You agree to be bound to any changes to this Agreement when you use the TunA the Day Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on TunA the Day. You may not post any of the following items: telephone numbers, street addresses, and any material containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other TunA the Day Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and TunA the Day assumes no responsibility or liability for this material. If you become aware of misuse of the TunA the Day Services by any person, please contact TunA the Day (insert contact) or click on the "Report Inappropriate Content" link at the bottom of any TunA the Day page.
TunA the Day reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the TunA the Day Services at any time, for any or no reason, with or without prior notice, and without liability.
  1. 1.Eligibility. Use of and Membership in the TunA the Day Services is void where prohibited. By using the TunA the Day Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the TunA the Day Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
  2. 2.Term. This Agreement shall remain in full force and effect while you use the TunA the Day Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. TunA the Day may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
  3. 3.Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify TunA the Day immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  4. 4.Content Posted.
    1. 1.TunA the Day may delete any Content that in the sole judgment of TunA the Day violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. TunA the Day assumes no responsibility for monitoring the TunA the Day Services for inappropriate Content or conduct. If at any time TunA the Day chooses, in its sole discretion, to monitor the TunA the Day Services, TunA the Day nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. 2.You are solely responsible for the Content that you post on or through any of the TunA the Day Services, and any material or information that you transmit to other Members and for your interactions with other Users. TunA the Day does not endorse and has no control over the Content. Content is not necessarily reviewed by TunA the Day prior to posting and does not necessarily reflect the opinions or policies of TunA the Day. TunA the Day makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
  5. 5.Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the TunA the Day Services. TunA the Day reserves the right to investigate and take appropriate legal action against anyone who, in TunA the Day's sole discretion, violates this provision, including without limitation, removing the offending communication from the TunA the Day Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of TunA the Day:
    1. 1.is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    2. 2.harasses or advocates harassment of another person;
    3. 3.exploits people in a sexual or violent manner;
    4. 4.contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. 5.solicits personal information from anyone under 18;
    6. 6.provides any telephone numbers, street addresses, last names, URLs or email addresses;
    7. 7.promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
    8. 8.promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    9. 9.involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    10. 10.contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    11. 11.furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    12. 12.solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
    13. 13.involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
    14. 14.includes a photograph of another person that you have posted without that person's consent; or
    15. 15.for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the TunA the Day Website and through your use of the TunA the Day Services. TunA the Day reserves the right to investigate and take appropriate legal action against anyone who, in TunA the Day's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
    1. 16.criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
    2. 17.interfering with, disrupting, or creating an undue burden on the TunA the Day Services or the networks or services connected to the TunA the Day Services;
    3. 18.attempting to impersonate another Member or person;
    4. 19.using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
    5. 20.using any information obtained from the TunA the Day Services in order to harass, abuse, or harm another person;
    6. 21.using the TunA the Day Services in a manner inconsistent with any and all applicable laws and regulations.
  2. 6.Member Disputes. You are solely responsible for your interactions with other TunA the Day Members. TunA the Day reserves the right, but has no obligation, to monitor disputes between you and other Members.
  3. 7.Privacy. Use of the TunA the Day Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  4. 8.Disclaimers. TunA the Day is not responsible for any incorrect or inaccurate Content posted on the TunA the Day Website or in connection with the TunA the Day Services, whether caused by Users of the TunA the Day Services or by any of the equipment or programming associated with or utilized in the TunA the Day Services. Profiles created and posted by Members on the TunA the Day Website may contain links to other websites. TunA the Day is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by TunA the Day. Inclusion of any linked website on the TunA the Day Services does not imply approval or endorsement of the linked website by TunA the Day. When you access these third-party sites, you do so at your own risk. TunA the Day takes no responsibility for third party advertisements which are posted on this TunA the Day Website or through the TunA the Day Services, nor does it take any responsibility for the goods or services provided by its advertisers. TunA the Day is not responsible for the conduct, whether online or offline, of any User of the TunA the Day Services. TunA the Day assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. TunA the Day is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the TunA the Day Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the TunA the Day Services. Under no circumstances shall TunA the Day be responsible for any loss or damage, including personal injury or death, resulting from use of the TunA the Day Services, attendance at a TunA the Day event, from any Content posted on or through the TunA the Day Services, or from the conduct of any Users of the TunA the Day Services, whether online or offline. The TunA the Day Services are provided "AS-IS" and as available and TunA the Day expressly disclaims any warranty of fitness for a particular purpose or non-infringement. TunA the Day cannot guarantee and does not promise any specific results from use of the TunA the Day Services.
  5. 9.Limitation on Liability. IN NO EVENT SHALL TUNA THE DAY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TUNA THE DAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TUNA THE DAY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TUNA THE DAY FOR THE TUNA THE DAY SERVICES DURING THE TERM OF MEMBERSHIP.  
  6. 10.Indemnity. You agree to indemnify and hold TunA the Day, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the TunA the Day Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the TunA the Day Website or through the TunA the Day Services causes TunA the Day to be liable to another.
  7. 11.Other. This Agreement is accepted upon your use of the TunA the Day Website or any of the TunA the Day Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and TunA the Day regarding the use of the TunA the Day Services. The failure of TunA the Day to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. TunA the Day is a trademark of TunA the Day, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at Tuna the Day with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.