Customer and Usage Terms and Conditions
Mar 2009
As a member downloading digital products and purchasing products (collectively known
as 'the material') on www.MyTuneRox.com, a website provided by My Tune Rox
Limited, you agree to the following:
GENERAL
1. You must sign up for and open an account on the www.MyTuneRox.com site.
You must complete the registration process and confirm that all the information
supplied is complete and accurate. You must choose a password, and the
responsibility for maintaining the privacy of this account and password is entirely
yours. Furthermore, you are responsible for all activity on your account and you
agree to immediately notify My Tune Rox Limited of any unauthorised use of
your account or breach of security.
2.You may only use your own account, and cannot use anybody else's account
without their prior express permission. It is reasonable for My Tune Rox Limited
to presume that it is corresponding with the account holder.
3. Once set up, your account will continue indefinitely, regardless of usage levels,
unless terminated by you or My Tune Rox Limited. You can terminate your
account with My Tune Rox Limited by emailing
CancelMembership@MyTuneRox.com. My Tune Rox Limited can terminate your
account without prior notice at the discretion of our Management.
4. My Tune Rox Limited reserves the right to change the terms, conditions, and
notices under which My Tune Rox Limited services are offered. Any such changes
will be posted on the Managers section of your account and you are responsible
for regularly reviewing these terms and conditions. Your continued membership
of www.MyTuneRox.com shall constitute acceptance of the revised Terms and
Conditions. If you do not agree, with the revised terms, you may cancel your
membership and this agreement will immediately come to an end.
5. Unless otherwise specified, the www.MyTuneRox.com site and services provided
by My Tune Rox Limited are for personal and non-commercial use. You may not
copy, modify, transmit, display, distribute, perform, reproduce, licence, publish,
create derivative works from, transfer, or sell any information software, products
and services obtained from My Tune Rox Limited.
6. My Tune Rox Limited will not enter into contracts with minors. Each time you
purchase from the www.MyTuneRox.com site or any of its affiliate sites, you are
confirming to My Tune Rox Limited that you are at least 18 years of age.
7. www.MyTuneRox.com has links to several other sites (Linked Sites), and much of
the information posted on the site is supplied by third parties. This information
and the information contained on Linked Sites, including but not limited to the
price of goods and services supplied, is the responsibility of those third parties
and you undertake to separately adhere to and review the terms and conditions
and privacy statement of those sites. My Tune Rox Limited does not accept any
liability in relation to the information or charges of Linked sites.
8. You will not use the site/services for any purpose that is unlawful or prohibited
by these terms, conditions and notices.
9. You will not use the site in any manner which could damage, disable, overburden
or impair any My Tune Rox Limited site/service or interfere with any other
parties use and/or enjoyment of those sites/services.
10. You will not attempt to gain unauthorised access to My Tune Rox Limited
sites/services, other accounts, computer systems and networks connected to
any My Tune Rox Limited site/service, through hacking, password mining or any
other means.
11. The My Tune Rox Limited sites/services may contain e-mail services, bulletin
board services, chat areas, news groups, communities, forums, personal web
pages, calendars, photo albums, file cabinets and/or other message or
communication facilities designed to enable you to communicate with others.
My Tune Rox Limited is not obligated to monitor such services, save as directed
to do so by law. When you are using such services you agree not to:
a. use these services in connection with surveys, contests, chain letters,
pyramid schemes, junk e-mail, or any duplicative or unsolicited messages
(commercial or otherwise);
b. defame, abuse, stalk, harass, or otherwise violate the legal rights of
others;
c. publish, post upload, distribute or in any other way disseminate any
inappropriate, profane, obscene indecent or unlawful material, topic,
name or information;
d. upload files containing viruses, worms, trojan horses, time bombs,
corrupted files, or similar programs which may damage the operation of
another persons computer;
e. upload software for which you do not hold intellectual property rights;
f. advertise or offer for sale any goods or services, unless specifically
allowed to do so;
g. restrict, inhibit or interfere with the contribution of other persons;
h. violate any code of conduct or any other usage guidelines;
i. violate any applicable laws or regulations.
If you do any of the above acts, My Tune Rox Limited reserves the right to
terminate your membership and your account will be deleted.
12. No compensation will be made to you for the set-up or operation of your
account. Where an Artists store is unable to fulfil an order due to incorrect or
incomplete information provided by you, no liability, monetary or otherwise, will
arise for that Artist.
13. All contents of the My Tune Rox Limited site are copyright of My Tune Rox
Limited or are used with the Authors consent.
14. Each Artists site and store on the www.MyTuneRox.com site is responsible for
providing and explaining any prices, product description, shipping, security and
privacy policies. It is your responsibility to read and understand these prices,
product description, shipping, security and privacy policies. You are responsible
for paying all charges for products and services purchased on those sites. My
Tune Rox Limited has no liability in relation to stores operating on its site.
15. You agree that your participation in the sites/services provided by My Tune Rox
Limited is entirely at your own risk.
REFUNDS
16. My Tune Rox Limited will facilitate contact between the Artists store and
yourself so that a suitable arrangement can be made where a refund or
replacement is necessary. However, please note that My Tune Rox Limited
accepts no responsibility for refunds or replacements and will not enter into any
correspondence with any party in this regard. This does not affect your statutory
rights.
17. No contract will subsist between you and My Tune Rox Limited or any Artist for
downloaded material unless and until the material appears in the download
link in the Management Section of your account.
18. No contract will subsist between you and My Tune Rox Limited or any Artist for a
sale to you of any product or service, other than downloaded material, unless
and until My Tune Rox Limited or the Artists store accepts your order by e-mail
confirming that it has dispatched your order. That acceptance will be deemed
complete and will be deemed for all purposes to have been effectively
communicated to you at the time My Tune Rox Limited sends the e-mail to you
(whether or not you receive that e-mail).
MISCELLANEOUS
19. Should any dispute arise concerning this agreement, Irish law shall apply and all
legal proceedings, if any, shall take place in Ireland.
20. These terms and conditions are intended to be serviceable. If for any reason, any
term or condition is held unenforceable or invalid, the remaining shall be
enforceable in full.
21. Should there be a significant change of ownership within My Tune Rox Limited,
the terms of this contract shall continue without alteration. My Tune Rox
Limited reserves the right to assign this agreement and the rights and obligations
hereunder.
PRIVACY
22. In accordance with the My Tune Rox Limited privacy policy, My Tune Rox Limited
respects your privacy and will not disclose any personal information to third
parties without your consent, save as obligated by law.
DISCLAIMER
23. The sites/services of My Tune Rox Limited are provided on an as is and as
available basis. My Tune Rox Limited makes no representations or warranties of
any kind, whether expressed or implied, as to the operation of their
sites/services, the information, content, materials or products, included on or in
the sites/services.
24.To the full extent of the applicable law, My Tune Rox Limited disclaims all
warranties, express or implied, including but not limited to implied warranties of
merchant liability and fitness for a particular purpose.
25. My Tune Rox Limited will not be liable for any damages of any kind arising from
the use of My Tune Rox Limited sites/services, including but not limited to direct,
indirect, consequential, incidental and punitive damages. No oral advice or
written information given by My Tune Rox Limited, its affiliates, agents,
directors, neither employees nor agents, or the like, shall create a warranty, nor
shall you rely on any such information or advice.
By registering with or using My Tune Rox Limited, you agree to be bound by these terms
and conditions.
Privacy Statement
Mar 2009
PRIVACY AND CONFIDENTIALITY STATEMENT
My Tune Rox Limited acknowledge that we gather certain information about our members. We
are aware of our obligations under Data Protection legislation and are committed to providing a
secure service that protects our members to the full extent of the law.
SITE SECURITY
Our servers are located in a secure area and are not accessible to third parties. We confirm that
we only store name, address and e-mail addresses for our members. We further confirm that
we will not pass on any information to third parties without prior consent being obtained from
the member or members concerned, save in accordance with our obligations under law. We
use the PayPal system of electronic payments for all Artist and Customer payments and
transactions. All users of www.MyTuneRox.com are required to set up a PayPal Account.
Members should refer to the terms of their agreement with PayPal and My Tune Rox Limited
shall have no liability or responsibility in this regard.
DATA PROTECTION ACT
We hold information on members and adhere to the provisions of Data Protection legislation,
including any future amendments thereto. Under this legislation, members can obtain a copy of
all information which My Tune Rox Limited has stored on a database in relation to them.
Members wishing to obtain such information should email Administrator@MyTuneRox.com .
USE OF INFORMATION
My Tune Rox Limited only holds and uses personal information to provide additional services to
our members. These services include, but are not limited to; making deliveries easier by holding
default details for delivery, issuing reminders and gift suggestions for birthdays and other
occasions, and tailoring bargain notices and other site content to members individual
preferences. This information will not be disclosed to any third party without prior consent
being obtained from the member or members concerned save in accordance with our
obligations under legislation.
MEMBERSHIP DURATION
Information shall be retained by My Tune Rox Limited for the duration of an individuals
membership. Membership is for an indefinite period but can terminated at the members
request by contacting My Tune Rox Limited by emailing CancelMembership @MyTuneRox.com
PUBLIC FORUM
This site may from time to time make available, chat rooms, forums, message boards, and
similar media for members to express views and ideas. It should be noted that information
posted to these areas becomes public information and My Tune Rox Limited advises that no
personal details should be disclosed in such areas.
QUESTIONS AND ANSWERS
We have tried to anticipate any queries you may have in relation to the area of privacy and
confidentiality. If this statement fails to address any issue you may have in this area, please
email your query to Support@MyTuneRox.com.
FEEDBACK
We appreciate members feedback and like to hear from you. If you want to express a view
directly to us, then please email Info@MyTuneRox.com.