Last Updated: August 11, 2015
Your use of the Websites is subject to these Terms, together with any Master Services Agreement and Pricing Statement you enter into with Us and any other terms that We post with the Websites (“Additional Terms”). Additional Terms are incorporated by reference into these Terms.
By using the Websites you agree to be bound by these Terms, so please read them carefully. Please don’t use the Websites if you don’t agree to these Terms.
You affirm that you are at least 18 years of age, or that you have reviewed these Terms with your parent or guardian, and that he or she agrees to these Terms on your behalf.
The content used in connection with Our Websites, including, without limitation, the design, expression, and arrangement of such content, is Our proprietary property or is licensed to Us and is protected by United States and international copyright and trademark laws. Except as otherwise provided in these Terms, you are not permitted to copy, modify, display, license, create derivative works of, or otherwise exploit Our content without Our written permission.
Use of the Websites
You are permitted to use the Websites for your own personal, non-commercial purposes. You agree that you will not use the Websites for any unlawful purpose, in a way prohibited by the Terms, or in a manner that interferes with Our operation of, or any user’s use and enjoyment of, the Websites. For example, when using Our Websites, you agree not to:
- Use any hacking or cheating software or tools;
- Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by Us to access the Websites, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing, or distributing any content or data made available via Websites;
- Upload any files that may damage Our Websites or any Tune system; or
- Attempt to modify any Websites in way that We have not permitted.
If you would like to report a violation of these Terms, please contact Us at firstname.lastname@example.org.
Registration and Security
Some of Our Websites require or allow you to create an account with Us, with a user ID and password. You agree that you will provide only accurate, complete, and up-to-date information. You are responsible for ensuring the confidentiality of your password, and are responsible for anything that anyone does while logged in to your account. You are required to let Us know immediately if you suspect that someone is using your account without your permission. We are not responsible for any loss or damage arising from your failure to comply with these obligations.
Use of Platforms or Services
The Websites may require or allow you to access or use the platforms or services provided by TUNE, including without limitation the HasOffers Platform (Our proprietary platform to create, manage, and track partners) and/or the TMC Platform (which includes Our proprietary advertising analytics platform and Our proprietary platform providing inbound app marketing tools) and/or the TMC SDK (Our proprietary software development kit). Your use of Our platforms or services is subject to the terms of the Master Services Agreement between You and Us relating thereto.
Copyright Usage/Infringement Notices.
If you believe that your copyrighted materials are being infringed on Our Websites, please contact us at:
Attn: Legal Department
2200 Western Avenue, Suite 200
Seattle, WA 98121
Links to Third-Party Websites and Content
Our Websites may include links to websites or content owned or operated by third parties. Some third party sites may collect data or solicit personal information from you. TUNE does not own or control such sites and is not responsible for their content or actions. We suggest that you read the terms and conditions and privacy policies of any website or content linked to Our Websites to learn about the third party’s practices.
We regularly update and change Our Websites. We may also remove or modify features, functionalities, or stop a service entirely. You agree that We can suspend or terminate your right to access Our Websites at any time for any reason. If you learn that We’ve suspended or terminated your right to Our Websites, you agree not to try to access the Websites again without Our permission.
Disputes and Indemnification
Please read this section carefully because it affects your legal rights. We hope that you won’t have any problems when you use Our Websites. If you do, We ask that you contact TUNE customer support at email@example.com. However, if there is a problem that We can’t fix, and you have any claim, cause of action, or dispute (a “claim”) involving Us (including Our officers, directors, affiliates, employees, agents, successors, and assigns) that arises out of or relates to these Terms, you must bring that claim within one year, unless a longer period is required by law. If you don’t, you’ll lose the right to bring the claim. The laws of the State of Washington (notwithstanding any conflict of laws rules) will apply to these Terms and your use of Our Websites. You agree to the exclusive jurisdiction of the state and federal courts located in King County, Washington. You may not assign your rights under these Terms or otherwise assign to anyone else any claims that you may have regarding the Websites. If you or anyone else brings a claim arising out of or relating to your use of the Websites, you agree to indemnify Us and hold Us harmless from any claims, losses, expenses, damages, and costs (including attorneys’ fees) that We have in connection with any such claim. If you have a dispute with someone else relating to TUNE, you release Us from any liability arising out of or relating to that dispute.
Disclaimer of Warranties
We provide Our Websites “as is,” without any representation or warranty of any kind. TUNE disclaims to the maximum extent permitted by law all representations and warranties pertaining to Our Websites. Without limiting the generality of the statement above, we disclaim to the maximum extent permitted by law any and all (a) warranties of merchantability or fitness for a particular purpose; (b) warranties against infringement of any third-party intellectual property or proprietary rights; (c) warranties relating to the transmission or delivery of the Websites; (d) warranties relating to the accuracy, reliability, correctness, or completeness of data made available on the Websites; and (e) warranties otherwise relating to performance, non-performance, or other acts or omissions by TUNE or any third party. Further, there is no warranty that the Websites will meet your needs or requirements, or the needs or requirements of any other person. We make no warranties or representations, express or implied, (a) that the information provided through the Websites will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (b) that the Websites will be available at any particular time or location; (c) that defects or errors in the services will be corrected; or (d) that the Websites are free of viruses or other harmful components.
Limitation of Liability
To the maximum extent permitted by law, we are not liable for any damage arising out of or relating to your access, use, misuse, or inability to use the Websites or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. We will not be liable for any special or consequential damages, including lost profits, even if we have been advised of the possibility of those damages. Our aggregate liability to you in connection with any claims arising out of or relating to the Websites will be limited to the greater of $100 or the total amount that you paid to us over the past six (6) months. If a law restricts Our ability to limit liability, the limitations listed above may not apply to you. In that case, We limit Our liability to the greatest extent permitted by applicable law.
Changes to These Terms
If any part of these Terms is determined to be unlawful, void, or for any reason unenforceable, then that part will be severed from these Terms, and the rest of the Terms will remain intact. If We do not enforce any provision of these Terms, that will not be considered a waiver of Our rights. Any waiver of these Terms must be obtained in a written document signed by an authorized representative of Tune.