|
1. ACCEPTANCE OF TERMS
|
|
Altertunes welcomes you.
Altertunes provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the
TOS at any time at: http://www.Altertunes.com/TOS.html.
In addition, when using particular Altertunes owned or operated services,
you and Altertunes shall be subject to any posted guidelines or rules applicable to such services,
which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are
hereby incorporated by reference into the TOS.
Altertunes may also offer other services that are governed by different
Terms of Service (including but not limited to separate programs for partners, advertisers, video or musical artists, and so forth).
|
|
|
|
|
2. DESCRIPTION OF SERVICE
|
|
Altertunes provides users with access to a rich collection of resources, including various media, search,
recommendation and discovery services through its network of properties and widgets which may be accessed through any
various medium or device now known or hereafter developed (the "Service").
You also understand and agree that the Service
may include advertisements and that these advertisements are necessary for Altertunes to provide the Service.
You also understand and agree that the Service may include certain communications from Altertunes, such as service announcements,
administrative messages and a Altertunes Newsletter, and that these communications are considered part of Altertunes membership
and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new Altertunes properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that Altertunes assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that access may involve third-party fees
(such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with
the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to
access the Service.
|
|
|
|
|
3. YOUR REGISTRATION OBLIGATIONS
|
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a
person barred from receiving services under the laws of the India or other applicable jurisdiction. You also agree to: (a) Provide true,
accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and
(b) Maintain and promptly update the Registration
Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current
or incomplete, or Altertunes has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Altertunes has the right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
|
|
|
|
|
4. ALTERTUNES PRIVACY POLICY
|
|
Registration Data and certain other information about you is subject to our Privacy Policy. You understand that
through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the India and/or other countries for storage, processing and use by Altertunes
and its affiliates.
|
|
|
|
|
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
|
You will receive a password and account designation upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all
activities that occur under your password or account. You agree to: (a) Immediately notify Altertunes of any unauthorized
use of your password or account or any other breach of security, and
(b) Ensure that you exit from your account at the end
of each session.
Altertunes cannot and will not be liable for any loss or damage arising from your failure to comply with Section 5.
|
|
|
|
|
6. NO RESALE OF SERVICE
|
|
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service
, use of the Service, or access to the Service.
|
|
|
|
|
7. MODIFICATIONS TO SERVICE
|
|
Altertunes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree that Altertunes shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
|
|
|
|
|
8. DISCLAIMER OF WARRANTIES
|
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. Altertunes AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) Altertunes AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Altertunes OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (e) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE
AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES,
LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
|
|
|
|
|
9. LIMITATION OF LIABILITY
|
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Altertunes AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Altertunes HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
|
|
|
|
|
10. NO THIRD-PARTY BENEFICIARIES
|
|
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
|
|
|
|
|
11. VIOLATIONS
|
|
Please report any violations of the TOS to our altertheater@altertunes.com.
|
|
|
|