This website is operated by Tunepond (A Division of Fira Media). Throughout the site, the terms “we”, “us” and “our” refer to TUNEPOND. Tunepond offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – USAGE OF AUDIO TRACKS
Tunepond.com offers sets of digital audio or music sold in packs on its website. The use or purchase of audio packs and the TUNEPOND.COM website constitutes a full acceptance of the below Terms & Conditions.
Audio tracks can be used for the following purposes:
1. Personal, commercial and educational usage.
2. Use in videos, motion graphics, movies, audio-visual presentation, commercial ads or any similar production.
SECTION 6 – GENERAL USAGE RESTRICTIONS
1. You are not permitted to share or distribute the audio tracks to unlicensed third parties as a whole or individually.
2. You may not resell or distribute any of the audio tracks in unmodified form or as stock audio tracks or as part of any other database, or any derivative product containing the audio tracks in such way that would allow a third party to use, download or access original audio tracks as stand-alone files.
3. You may not resell, post or publish or distribute these audio tracks either modified or unmodified in any third party websites or medium, copyright still remain with us. Purchasing a license does not grant you the ownership rights but allow you to use it for your projects or production.
4. You may not falsely represent that you are the original creator of a work that is made up entirely of licensed audio tracks. For example, you cannot create a project based solely on licensed content and claim that you are the original author.
5. Using our audio tracks in any public performance, restaurants or stage shows etc is strictly prohibited. The only exception for such public performance is using an audio track in a movie, documentary or video or in any similar way. However, by acquiring an extended license permits the usage of our audio tracks in public performances, restaurants or hotels, stage shows, theaters etc.
6. You may only distribute the audio tracks as incorporated into an item of merchandise if the audio tracks have been modified or used in such way or to the extent that the modification is not substantially similar to the original or the item as a whole can qualify as an original work of authorship, or the primary value of the item does not lie with the audio tracks itself.
7. You may not use audio tracks in a pornographic, defamatory or otherwise unlawful manner, or in violation of any applicable regulations.
8. Our licenses allow you to use audio tracks freely, with the exception of restrictions specified above, for any type of visual or illustrative purpose in any type of traditional or digital media.
SECTION 7 – LICENSING
1. Upon purchasing audio packs the ‘License Type’ must be selected that best corresponds with the user’s current situation as well as their intended future usage for the purchased products (Individual or Studio).
2. Licenses cannot be modified or transferred and a new license must be purchased if it’s intended usage does no longer match the current license restrictions and requirements or if the products intended usage does not match previously purchased licenses.
3. Using or purchasing audio packs under the incorrect license may violate our policies and could void your license rights. Tunepond.com reserves the right to investigate its customers in order to prevent such violation and may inquire to provide certain information, documents or other forms of proof to help verify the license holders legitimacy.
4. License terms may change with or without prior notice but will not affect the terms of licenses purchased before the date of its modification.
5. In case, if our licenses does not serves your purpose and need a customized license, please contact us to purchase an extended commercial license. (For example: Studio license limits to 10 users, if your studio have more users then we can also provide you a license for unlimited seats at additional cost.
SECTION 8 – AVAILABILITY & PURCHASING
1. Tunepond.com uses its best endeavours to make the best and safest service available at all times but makes no guarantees about uninterrupted availability of the website or payment or downloading functions. Tunepond.com relies on third party services such as hosting service provider, payment processors and other third party service providers may become temporarily unavailable from time to time.
2. Purchases on TUNEPOND.COM are made through a third party payment gateways. All secure payments and downloads are handled by Razorpay, Skrill or Paypal and TUNEPOND.COM takes no responsibility in any issues that may arise from using this third party service.
3. Purchases on Tunepond.com are made available in the form of standard compressed archives and may require third-party software tools like winzip, winrar etc to decompress in order to access Audio tracks.
SECTION 9 – REFUND POLICY
All sales are final and refunds are not possible due to the nature of product which are delivered instantly and digitally.
SECTION 10 – INTELLECTUAL PROPERTY RIGHTS
1. All materials including the website and presentation of these are the property of TUNEPOND.COM. Unless otherwise indicated, all content featured or displayed on TUNEPOND.COM, including, but not limited to, text, graphics, data, photographic images and the selection and arrangement thereof is owned or legally licensed to use by TUNEPOND.COM.
2. The copyrights to purchased audio packs or individual music tracks remain with TUNEPOND.COM. You are only given a right of use that is non-exclusive and non-transferable and the competencies explicitly granted under these Terms & Conditions.
3. Audio tracks either individually or in pack are considered ‘Royalty-Free’. This means audio tracks may be used in personal, commercial or educational projects without credit or payable royalties to TUNEPOND.COM. Such projects or derivative products may become intellectual properties on their own, even with the incorporation of our audio tracks, as long as the usage of these audio tracks does not interfere with any of the terms set forth in this agreement.
In practice, the majority of usages of our audio should not raise any privacy or trademark issues. Please be aware that the law may vary from nation to nation or state and should be consulted by the licensee in case of ambiguity. If you believe that any material on TUNEPOND.COM infringes upon any copyright that you own or control, please Contact Us with a notification of such infringement.
SECTION 11 – LIABILITY AND INDEMNIFICATION
1. You will indemnify TUNEPOND and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your use of our Audio tracks in violation of these terms. We have the right to control the defense of any claim, action or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action or matter.
2. In no event shall TUNEPOND.COM be liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, loss of business information, loss of data, or any other pecuniary loss in connection with any claim, damage or other proceeding arising under this agreement, including – without limitation – your use of, reliance upon, access to the TUNEPOND.COM website, the Audio tracks or any part thereof, or any rights granted to you under this agreement.
3. TUNEPOND will indemnify you and your subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your use of our Audio tracks, unless such use is in violation of these terms.
SECTION 12 – AMENDMENTS, TERMINATION AND FINAL CLAUSES
1. By purchasing our products you constitute a full acceptance of our Terms & Conditions and any unilateral amendments.
2.TUNEPOND.COM may amend these Terms & Conditions and its products, prices and services at any time with reasonable notice. Any amendments or alterations made to these terms and agreed by you shall take immediate effect and apply to all licenses of Audio tracks sold after such amendments have been made.
3. By using TUNEPOND.COM, you represent and warrant that you are not a minor and over the age of 18 and are lawfully able to accept these Terms & Conditions. If you are using our service on behalf of any entity, you further represent and warrant that you are authorised to accept these Terms & Conditions on such entity’s behalf, and that such entity agrees to indemnify TUNEPOND.COM for any violations of the terms set forth in this agreement.
4. If one or more provisions or any part of these Terms & Conditions are found legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law. Such provisions shall be revised only to the extent necessary to make them enforceable.
5. This agreement shall be governed in all respects by the Indian laws and subject to Bangalore Jurisdiction. You agree that any claim or dispute you may have against TUNEPOND.COM must be resolved exclusively by Indian courts of law except if otherwise agreed by both parties. You agree to submit to the personal jurisdiction of the courts located in India for the purpose of litigating all such claims or disputes.
Don’t hesitate to Contact Us with any questions, for clarification on our Terms & Conditions or when otherwise in doubt about the usage or restrictions of our products. We are open for conversation and want the user to feel as unrestricted as possible.