Terms Of Service
Thanks for using TuneRush.com. These terms of service ("Agreement") cover your use and access to the services, client software and websites ("Services") provided by TuneRush. By using or accessing the Services, you agree to all the terms and conditions stated in this Agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Services.
Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via TuneRush (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by TuneRush.
TuneRush does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
You must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content, independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
You hereby represent and warrant to TuneRush as follows:
(ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
(iv) Your Content, including any comments that you may post on the Website, is not and will not be unlawful, abusive, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.
(v) Your Content does not and will not create any liability on the part of TuneRush, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. TuneRush reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
You may terminate this Agreement at any time by sending notice via email to firstname.lastname@example.org confirming such termination, by removing all of Your Content from your account, or by deleting your account and thereafter by ceasing to use the Platform. If you have a Subscription, and terminate this Agreement before the end of such Subscription, we are unable to offer any refund for any unexpired period of your Subscription.
TuneRush may suspend your access to the Platform and/or terminate this Agreement at any time if
(i) you are deemed to be a repeat infringer
(iii) in other reasonable circumstances as determined by TuneRush at its discretion.
Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by TuneRush, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as TuneRush assumes no liability for any material that is irretrievably deleted following any termination of your account. TuneRush is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.
We will transfer to you fifty percent (50%) of the Net Income we receive from sales. “Net Income” means the actual amounts that we receive from sales which are directly attributable to the online exploitation of your Recordings, less any refunds, taxes, tariffs, fees, royalties or other charges related to the online exploitation of your recordings, including currency conversion fees or payment processing fees incurred in the process to transfer you such money (such as PayPal). Your Net Income will be held in your Account Credit and you will be able to withdraw all or any portion thereof at your discretion.
If you make your music jointly available with any person participating in the creation or performance of any musical work and/or lyrics included on your Recording and/or in the production or making of your Recordings (such as any composers, lyricists, musicians, singers, music producers, sound recording makers or others), you will be solely responsible for making any payment to any such person as may be due in consideration for any such rights.
You are responsible for your conduct, Your Content and you must comply with our Acceptable Use and Fair Usage Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download or share content unless you have the right to do so. We may review your conduct and content for compliance with the terms of this Agreement and our Acceptable Use and Fair Usage Policy. That said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.
Regarding third parties’ rights and payments, you are solely responsible:
- To obtain any right required in order for us to make and authorise any Online Exploitation of your Recordings, Metadata or other information or material you may provide us with to the full extent authorised herein from any person participating in the creation or performance of any work (such as music, lyrics, scripts or direction) included on your Recording and/or in the production or making of your Recordings (such as any composers, lyricists, scriptwriters, directors, musicians, singers, actors, extras, music producers, sound or audiovisual recording makers or others) or who may otherwise own or control any such right (such as music publishers or copyright collectives);
- To make any payment to any such person as may be due in consideration for any such rights;
- To pay to any person who may be entitled thereto, any share of any payment of Net Incomes made by us to you as may be due and payable to any such persons except to the extent we have been required by you, are able to, and actually pay such share(s) of such payment to such persons;
- To pay all amounts that may be required under collective bargaining agreement, copyright tariffs, or statutory schemes;
- To pay for all licenses and other fees required from copyrights owners (such as music publishers) for reproduction, public performance, and any other exploitation of your Recordings and any Metadata or other material images associated too;
- To pay for any required music publishing licenses for your Recordings;
- To pay for all taxes or other governmental withholdings.
Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current. You are solely responsible for managing your account and password and for keeping your password confidential. If you have forgotten your password, click on the "Forgot Password?" link and follow the on-screen instructions. You are also solely responsible for restricting access to your account. You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party obtained or guessed your password, use the password regeneration feature of the Services as soon as possible to obtain a new password.
Claims of Infringement and Take-Down Notices
If we receive a notice claiming that your Recordings or any Metadata or other information or material you provide us (other than unmodified Samples as may incorporated in your Recordings in accordance with the Samples Licence and other than mechanical reproductions of Cover Songs as may be incorporated in your Recordings and for which we have secured a Cover Song License in accordance herewith) with are infringing the rights of others (such as their copyrights, trademarks, rights of publicity or other intellectual property rights) or that you are not complying with any of your obligations hereunder, including any license or agreement pertaining to your Recordings, we will inform you and may, at our sole discretion, remove your Recordings, Metadata and other information and material until you provide us with sufficient proof, in our sole opinion, that you have satisfactorily resolved any outstanding issues related to such claims. During such period, we may decide to freeze the Net Incomes of your account if we believe, using our reasonable judgement, that you may have violated the terms of this Agreement. If we determine, using our reasonable judgement, that your Recordings or any Metadata or other information or material you provide us with may infringe the rights of others, we can deduct, from any amount payable to you, any resulting costs for us (including legal fees and expenses), or seize and keep the Net Incomes from your account, without renouncing to the other rights and remedies we may have. If we have to retain legal counsel to review your submitted proof of resolution, you agree to assume responsibility for the associated legal fees and to pay us in advance.
Fraudulent, Infringing or Illegal Activities
If we believe, in our sole discretion, that you might be using our Services for fraudulent, infringing or other illegal activities, we have the right to remove your Recordings and cease posting your Net Income to your account and disallow any withdrawal of funds from your account until we are satisfied that you are not committing any fraudulent, infringing or other illegal activities. If we determine, using our reasonable judgement, that you have used our Services for any fraudulent, infringing or other illegal activities or that you are not complying with any of your obligations hereunder, we can deduct, from any amount payable to you, any resulting costs for us (including legal fees) or seize and keep the Net Incomes from your account, without renouncing to our other rights and remedies we may have.
Warranties, Representations, and Indemnities
If you use our Services, you warrant and represent that:
you are at least sixteen (16) years of age and have the prescribed age to lawfully enter into and form contracts under applicable law (and if you are under the prescribed age in the country where you reside, you have reviewed this Agreement with your parent or guardian to ensure you understand and are legally able to agree to be bound therewith, your acceptance thereof meaning that you represent and warrant that you are legally able to bind yourself by this Agreement); you have the right and authority to enter into this Agreement and to grant us all rights specified; your Recordings and any other materials and information you provide us with (such as names, artwork, images, and picture and/or other Metadata) and any Online Exploitation thereof authorised hereunder do not violate any law and don’t infringe on the copyrights, trademarks, publicity and image rights, or any other rights of someone else. You agree to defend, indemnify, and hold harmless TuneRush, its licences and their officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, including any breach of this Agreement, including the foregoing representations and warranties.
End of Release Services
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with the terms of this Agreement, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services.
More precisely, we will cease our Services for your Recordings if:
- Your subscription to your TuneRush’s account ends for any reason;
- You send us a written notice asking that we cease the Release of your Recordings;
- You are in breach of any terms of this Agreement;
- We believe, at our sole discretion, that you may use our Services for any illegal activities, including the Release of infringing Metadata, information and other material;
- We decide to discontinue any of Services;
- We decide that we do not want to release your Recordings for any reason and at our sole discretion.