TUNAVERSE TERMS OF USE

(“TOU”)
Last revised 8 April, 2009
TUNAVERSE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TUNAVERSE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE SOFTWARE OR ANY TUNAVERSE PRODUCT OR SERVICE. IN NO CASE WILL TUNAVERSE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.

1. GENERAL
The software and documentation (collectively the “Software”) accompanying these Terms of Use (“TOU”) are licensed, not sold, to you by TUNAVERSE Media, Inc. (“TUNAVERSE”) for use only under these TOU and TUNAVERSE reserves all rights not expressly granted to you. By using the Software you are agreeing to be bound by these TOU.

If you do not agree with these TOU, do not use the Software. The rights granted herein are limited to TUNAVERSE’s and its licensors’ intellectual property rights in the Software and do not include any other patents or intellectual property rights.  These TOU will govern any software upgrades provided by TUNAVERSE that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate TOU, in which case the terms of those TOU will govern.  In addition, when using particular Services offered now or in the future, you shall be subject to additional posted guidelines or rules applicable to such Services.

Please read this information carefully.  If you become aware of any abuse or misuse of any of the TUNAVERSE Services by any person, please contact TUNAVERSE.

2. PERMITTED USES AND RESTRICTIONS; OBJECTIONABLE MATERIAL
Agreement to these TOU allows you to install and use the Software. The Software provides users with access to a rich collection of resources, which may be accessed through various media or devices now known or hereafter developed (collectively, together with the Software, the “Services”).  The Services may be used for remote access to photography, music and other digital media files.  Access to copyrighted digital media is only provided to you for your personal use as legally permitted.   The Services may also be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. The Services may permit you to purchase downloads of digital content  under certain terms and conditions as set forth in these TOU.

You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as such. Nevertheless, you agree to use the Services at your sole risk and that TUNAVERSE shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres and sub-genres) and descriptions are provided for convenience, and you acknowledge and agree that TUNAVERSE cannot and does not guarantee their accuracy.

3. PURCHASES OF CONTENT AND OTHER SERVICES
a. Products Requirements. You acknowledge that use of the Services may require the use of other hardware and software products (e.g., the ability to make copies of content on physical media and render performance or other display of content on digital player devices), and that such hardware and software is your responsibility. Once content is purchased and you receive the content, it is your responsibility not to lose, destroy, or damage the content, and TUNAVERSE shall be without liability to you in the event of any loss, destruction, or damage.

You understand and agree that the Services are provided “AS-IS” and that TUNAVERSE assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, personalization settings or other information or data. You are responsible for obtaining access to the Services and that access may involve third party fees (such as, but not limited to, Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements.  You should also take care to understand the basis upon which your Internet service provider will charge you for Internet access to the Services.

b. Use of Services. You acknowledge that certain Services, including certain content, may contain security technology that limits your usage of that Service or content and, whether or not content is limited by security technology, you agree to use content in compliance with the applicable usage rules.

Usage Rules
(i) Your use of content is conditioned upon your prior acceptance of the terms of these TOU.
(ii) You shall be authorized to use content only for personal, noncommercial use.
(iii) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the content or used to administer these usage rules.
(iv) The delivery of content does not transfer to you any commercial or promotional use rights in the content.

c. You agree that your purchase of content constitutes your acceptance of and agreement to use such content solely in accordance with the usage rules, and that any other use of the content may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the content. The usage rules shall govern your rights with respect to the content, in addition to any other terms or rules that may have been established between you and another party.

4. AGREEMENT TO PAY
a. Payment for Services. You agree to pay for all Services you purchase, and that TUNAVERSE may charge your credit card for any Services purchased by you. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING TUNAVERSE WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES.  TUNAVERSE currently accepts Visa, MasterCard,  American Express or Discover in U.S. funds drawn on U.S. banks for selected purchases. We are unable to accept credit cards or purchases from anyone from outside the U.S. at this time.

b. Right to Change Prices and Availability of Services. Prices and availability of any Services (including all content) are subject to change at any time, without prior notice. TUNAVERSE does not need your consent for such changes.

c. Electronic Signatures and Contracts. Your use of the Services includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION,  APPLICATIONS AND OTHER CONTRACTS.

5.  DELIVERY OF SERVICES

1. Refunds.  Due to the nature of digital media, no refunds can be given for digital content once it has been successfully downloaded and the purchase is complete.   On occasion, technical problems may delay or prevent delivery of a Service you purchase, including content. Your exclusive and sole remedy with respect to any Service that is not delivered within a reasonable period will be either replacement of such Service for a Service of the same kind, or refund of the purchase price paid for such Service.
2. Referrals. To use TUNAVERSE’s Referral service, a valid email address  is required and the credit earned through use of this service is in the form of points only. Points have no cash value and can only be redeemed for media from the TUNAVERSE media store. Points for Referrals are only earned for sales from the TUNAVERSE media store resulting from an initial referral. Purchases occurring beyond this will not earn the provider of the Referral any points.

6. INTELLECTUAL PROPERTY
a. Acknowledgment of Ownership. You agree that the Services, including, but not limited to content, graphics, audio clips, and editorial content, contain proprietary information and material that is owned by TUNAVERSE and affiliates, is protected by applicable intellectual property and other laws, including, but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with the terms of these TOU. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever.

TUNAVERSE grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, decompile, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, in any case directly or indirectly. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by TUNAVERSE for use in accessing the Services.

b. Removal of TUNAVERSE Content or Other Materials. Notwithstanding any other provision of these TOU, TUNAVERSE and its licensors reserve the right to change, adjust, suspend, remove, or disable access to any Services, content, or other materials comprising a part of the Services at any time without notice. In no event will TUNAVERSE be liable for the change, adjustment, suspension, removal of or disabling of access to any such Services, content or materials under these TOU or otherwise. TUNAVERSE may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability.

c. Copyrights. All copyrights in and to the Services (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by TUNAVERSE and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICES, EXCEPT FOR USE OF THE SERVICES AS PERMITTED IN THESE TOU, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

d. Trademarks. TUNAVERSE, the TUNAVERSE logo, and other TUNAVERSE trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of TUNAVERSE or its licensors in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

7.  ADVERTISING
You understand and agree that the Services may also include advertisements and that these advertisements are necessary for TUNAVERSE to provide the Services. The Services may include certain communications from TUNAVERSE, such as service announcements and administrative messages. These communications are considered part of your TUNAVERSE membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that add to, alter, enhance or otherwise modify the current Services, including the release of new TUNAVERSE services, shall be subject to these TOU.

8. YOUR REGISTRATION OBLIGATIONS; FEES FOR SERVICES
In consideration of your use of the Services, you represent that you are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. If you are younger than 18 years old, your parent or a legal guardian must read and accept these TOU before you register. A “legal guardian” is an adult who, in the absence of one’s parents, has been given authority by a court to monitor and control one’s activities and life in general. If you are younger than 18 years old, you confirm that one of your parents or a legal guardian has read these TOU and accepted it. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (such information being 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 if TUNAVERSE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TUNAVERSE has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You acknowledge that TUNAVERSE may charge subscription and other types of fees for certain of the Services and reserves the right to change the amount of these fees from time to time in its discretion. Any termination of your account for cause shall be made without refund or return of any fees or other charges previously paid by you to TUNAVERSE.

9. TUNAVERSE PRIVACY POLICY
You agree that TUNAVERSE may collect and use technical and other information about you and your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support and other services related to the Services and to verify compliance with the terms of these TOU.  TUNAVERSE may use this information, as long as it is in a form that does not personally identify you to unaffiliated third parties, to improve our products and Services and to provide other products, Services and other technologies to you.

Registration Data and certain other information about you that does personally identify you will be known to TUNAVERSE, is subject to our Privacy Policy and will not be shared with unaffiliated third parties. For more information, see our Privacy Policy.

10.  MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Services’ 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, even if you are not the one actually engaging in such activities. You agree to immediately notify TUNAVERSE of any unauthorized use of your password or account or any other breach of security of the TUNAVERSE website. TUNAVERSE cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 10.

11. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, artwork, video, messages or other materials (“Member Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Member Content originated. This means that you, and not TUNAVERSE, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available via any of the Services.

You agree that you will not use any of the Services to:

a. upload, post, email, transmit or otherwise make available any Member Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;

b. harm third parties in any way, especially minors (people who are not 18 years of age);

c. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Member Content transmitted through the Services;

e. upload, post, email, transmit or otherwise make available any Member Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

f. upload, post, email, transmit or otherwise make available any Member Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

j. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

k. intentionally or unintentionally violate any applicable local, state, national or international law;

l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

m. “stalk” or otherwise harass another;

n. collect or store personal data about other users.

You acknowledge, consent and agree that TUNAVERSE may access, preserve, and disclose your account information and Member Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOU; (c) respond to claims that any Member Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of TUNAVERSE, its users and the public. You understand that the technical processing and transmission of the Services, including your Member Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Although TUNAVERSE cannot monitor the conduct of its users, it is also a violation of these TOU to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to advertise to, solicit, or sell to any member without their prior written consent.

12. NON-COMMERCIAL USE BY MEMBERS
The Services are for the personal use of members only and may not be used in connection with any commercial endeavors. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct, acceptable Member Content and use of the Services. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Software available in connection with the Services is subject to United States export control laws and may be subject to similar laws of other countries. No Software may be downloaded from any of the Services for the purpose of export or re-export in violation of U.S. (or another country’s) export laws.

14. MEMBER CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION IN THE SERVICES
a. Member Content.  TUNAVERSE does not claim ownership of Member Content you submit or make available for inclusion in any of the Services. However, with respect to Member Content you submit or make available for inclusion in publicly accessible areas of any of the Services, you grant TUNAVERSE a world-wide, perpetual, irrevocable, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Member Content in the Services.

b.  Postings.  It is your responsibility to post any or all of your own Member Content. Explicit language or images are not permitted and TUNAVERSE reserves the right to remove any entries it finds objectionable.  You may not enter comments on your Postings that are disparaging, denigrating or otherwise reasonably likely to subject TUNAVERSE or any third party to scorn, contempt or ridicule. TUNAVERSE also reserves the right to remove any Member Content at any time at its sole discretion. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT OR COMMENTS THAT YOU POST.

15. INDEMNITY
You agree to indemnify and hold TUNAVERSE and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Member Content you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of these TOU, or your violation of any rights of another.

16.   TERMINATION
You agree that TUNAVERSE may, under certain circumstances and without prior notice, immediately terminate your account, any associated other accounts, and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these TOU or other incorporated agreements or guidelines, as well as any applicable law or regulation, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) failure to pay for Services, and (e) unexpected technical or security issues or problems. Termination of your account includes (i) removal of access to all offerings of the Services, (ii) deletion of your password, and (iii) barring further use of the Services. Further, you agree that all terminations for cause shall be made in TUNAVERSE’s sole discretion, that you will not be entitled to a refund or return of any monies previously paid to TUNAVERSE, and that TUNAVERSE shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Services.

17. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that TUNAVERSE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on any of the Services.

18. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TUNAVERSE has no control over such sites and resources, you acknowledge and agree that TUNAVERSE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any  advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that TUNAVERSE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such  goods or services available on or through any such site or resource.

19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TUNAVERSE EXPRESSLY DISCLAIMS 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. TUNAVERSE MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES 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 SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 TUNAVERSE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOU.

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 SERVICES. 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 SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TUNAVERSE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TUNAVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (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 SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS DOCUENT WILL APPLY TO THE MOST EXTENT ALLOWED BY APPLICABLE LAW.

22. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these TOU, there shall be no third party beneficiaries to this Agreement.

23. NOTICE
TUNAVERSE may provide you with notices, including those regarding changes to these TOU, by email, regular mail, or postings on the Services, TUNAVERSE Website or on versions of these TOU.

24. TRADEMARK INFORMATION
TUNAVERSE trademarks and service marks and other TUNAVERSE logos and product and service names are trademarks of TUNAVERSE Media, Inc. or its affiliates (the “TUNAVERSE Marks”). Without TUNAVERSE’s prior permission, you agree not to display or use, in any manner, the TUNAVERSE Marks.

25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
It is TUNAVERSE’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. TUNAVERSE respects the intellectual property of others, and we ask our users to do the same. TUNAVERSE may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe on its intellectual property or on the intellectual property of third parties.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TUNAVERSE’s Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Services;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

TUNAVERSE’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

General Counsel
Tunaverse Media, Inc.
Suite 8, 2110 Smithtown Ave.
Ronkonkoma, NY  11779

26. GENERAL INFORMATION
Entire Agreement. These TOU and the relationship between users and TUNAVERSE shall be governed by the laws of the State of New York, without regard to its conflict of law provisions or your actual state or country of residence. These TOU constitute the entire agreement between you and TUNAVERSE and govern your use of the Services, superseding any prior agreements between you and TUNAVERSE. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TUNAVERSE services, affiliate services, third-party content or third-party software. You will be notified of such additional terms and conditions at the time of any such use or purchase.

Disputes with TUNAVERSE. Any dispute relating in any way to your access to or use of the Services shall be submitted to a confidential arbitration in New York at a location that is geographically convenient to the main office of TUNAVERSE in Ronkonkoma, NY, except that, to the extent that you have in any manner violated or threatened to violate TUNAVERSE’s intellectual property rights, TUNAVERSE may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOU shall be joined to an arbitration involving any other party subject to these TOU, whether through class arbitration proceedings or otherwise.

Waiver and Severability of Terms. The failure of TUNAVERSE to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by an arbitrator, or pursuant to the Disputes section above, by a court of competent jurisdiction, to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these TOU remain in full force and effect.

Non-Transferability. You agree that your TUNAVERSE account, username and password are non-transferable and that you are the only one responsible for safeguarding them.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these TOU must be filed within three (3) months after such claim or cause of action arose or be forever barred.

The section titles in these TOU are for convenience only and have no legal or contractual effect.

27. PHYSICAL ADDRESS

TUNAVERSE
C/O Tunaverse Media, Inc.
Suite 8, 2110 Smithtown Ave.
Ronkonkoma, NY  11779

I HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. IF YOU ARE YOUNGER THAN 18 YEARS OF AGE,  YOUR PARENT OR GUARDIAN MUST READ AND ACCEPT THESE TERMS OF USE BEFORE YOU REGISTER.