Terms & Conditions
Please read this User Agreement carefully before using this Service. By continuing to use TheTunedInn.com, you agree to abide by the conditions and accept all terms of this User Agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The Terms of Service and User Agreement set forth below do not apply to any participation you may have with Moogfest, AC Entertainment, or any other third party. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.
THETUNEDINN.COM NOTICE, DISCLAIMER, SERVICE USER AGREEMENT & TERMS OF USE
1. Introduction
The site is operated by The Tuned Inn, LLC. ("The Tuned Inn", "thetunedinn.com", "Service" or "we").
Welcome to thetunedinn.com. Unless otherwise stated, these terms of use apply to users of this Website ("Website") and any affiliated websites including the websites located at the URL www.thetunedinn, in addition to any other affiliated or directly associated domains. By using this Service, you agree to be bound by all of the terms of this Agreement (the "User Agreement"). In this agreement, the term Website includes all websites and web pages within the Website as well as any equivalent, mirror, replacement, substitute, redirected or backup websites and web pages thereto and thereof. Please also review the terms of our Privacy Policy, which forms part of these Terms of Use. Your use of this Website are subject to these Terms of Use, Privacy Policy, and any other terms, conditions or restrictions set forth within any of the materials provided on the Website. You agree to the Terms of Use by accessing this Website and/or by accepting any information from this Website. If you do not agree with any of these Terms of Use, do not use this Website or any other website operated by The Tuned Inn.
The Tuned Inn, in its sole discretion, reserves the right to alter, modify, or otherwise change the terms of this User Agreement or to modify any features of this Service at any time without notice to you, and you agree to be bound by such changes. Please review this User Agreement periodically for changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted and by using this Website after the changes are posted, you are indicating you acceptance of those changes. For purposes of this Agreement, the Services shall include the The Tuned Inn email publications as well as the website. The most current version of the User Agreement can be viewed at any time at: thetunedinn.com. Your use of this Service constitutes your agreement to all such terms, conditions, and policies. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Service, shall be subject to this User Agreement. The Tuned Inn assumes (and by using this Website, you warrant that) you have legal capacity to enter into the agreement set out in theses Terms of Use. The Tuned Inn will assume (and by using this Website, you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use.
The Tuned Inn 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 The Tuned Inn shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
This Website is offered and made available only to users 13 years of age or older. If you are not yet 13 years old, please discontinue using this Website immediately. If, for any reason, you do not agree with all of the terms and conditions contained herein, please discontinue using the Website immediately.
This User Agreement does not cover your rights or responsibilities with respect to third party content, sites, or any links that may direct your browser or your connection to third party sites or pages. You shall be responsible and shall indemnify The Tuned Inn for any claims related to such activities. This is the entire and exclusive agreement between you and The Tuned Inn regarding use of the Website and it cannot be modified, except as specifically described herein. Notwithstanding the foregoing, any downloadable widget, computer software, player, or other downloadable files linked from the Website may or may not be under our control and you assume the full responsibility and legal responsibility with respect to any downloaded media, content, files, music, artwork, information, text, or photographs (collectively, "Materials") located or found on the Website. All Materials contained and existing on the Website are protected by United States and international copyright law, and other federal and international laws.
The Website and the information contained in reference herein are for informational and entertainment purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Website, you should confirm any facts that are important to your decision. You may print material from the Website for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies. (Please refer to the Copyright and Trademark Notice here). You may not modify or use the Materials for any other purpose without our express written consent. You may not reproduce, republish, post, transmit, publicly display, publicly perform, or distribute in print or electronically any Material published or provided on this Website.
2. Intellectual Property
All Website words, pictures, videos, and images are the property of The Tuned Inn, its affiliates or licensors. For any reuse or distribution, you must attribute the work to The Tuned Inn and its publishing author(s), not alter or transform in any way, or use it for commercial purposes.
For more details on The Tuned Inn’s intellectual property and related policies, please see The Tuned Inn's Copyright & Intellectual Property Policy.
3. Links
This Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Tuned Inn and The Tuned Inn is not responsible for the contents of the Linked Sites. The Tuned Inn provides any Linked Sites to you only as a convenience, and the inclusion of any such Linked Sites is not an endorsement by The Tuned Inn in favor of any company offering Internet services, products or services on the Linked Sites.
This Website and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Website. The Tuned Inn is not responsible for, and cannot guarantee the performance of, the goods and services provided by our advertisers or others to whose websites we link, or the promotions or events promoted by the advertisers or sponsor who promote such events.
We are not responsible for the availability or content of other services that may be linked to this Service. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services.
Other sites may link without prior permission to the Website's home page only through a plain-text link. Permission must otherwise be granted by The Tuned Inn for any other type of link to the Website. To seek our permission, you may write to The Tuned Inn, LLC, P.O. Box 180-261, Brooklyn, NY 11218. Any third party Website that links to the Website (a) may link to, but not replicate, Website content; (b) shall not state directly or imply that The Tuned Inn is endorsing or sponsoring it or its products or services; (c) shall not present false information about The Tuned Inn or its products or services; (d) shall not use The Tuned Inn trademarks without the prior written permission of The Tuned Inn; (e) shall not contain content that could be construed as distasteful, offensive, obscene or controversial; and (f) shall not otherwise violate any copyright interest of The Tuned Inn or other artist, band, label or affiliated party whose information and/or Material are available on the Website.
4. No Solicitation
You agree not to use the Website to advertise or to solicit anyone to buy or sell products or services or to make donations of any kind without the express written approval of The Tuned Inn.
5. No Spamming
Users of this Website may include chat rooms, forums and/or other public-posting areas and users may post their e-mail addresses in those public areas. In the event such posting are made, you agree not to utilize these e-mail addresses for purposes of spamming (i.e., unsolicited e-mail).
6. Chat Rooms, Message Boards, Other Forums
The Tuned Inn includes chat rooms, forums, and/or other public –posting areas such as space for user comments. The Tuned Inn will not and cannot review every posting that may be made in those public areas. The Tuned Inn will not endorse or guarantee the accuracy of any posting regardless of whether the posting comes from a user, from a celebrity or "expert" guest or from a member of The Tuned Inn's staff. The Tuned Inn will not be responsible for any material posted in any chat room or on any message board or forum and will not be responsible or liable to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any material provided through this Website.
The Tuned Inn shall have the right but not the obligation to monitor, from time to time, the content of the Website including, without limitation, the chat room, message boards and forums to determine compliance with this Agreement and any operating rules established by The Tuned Inn and to satisfy any law, regulation or authorized government request. The Tuned Inn shall have the right in its sole and absolute discretion to edit, refuse to post, or remove any material submitted to or posted on the Website.
By using the Website, you agree not to post any content which libels, defames, invades privacy or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits gambling or engages in any gambling activity, contains a virus or other harmful component, infringes on the ability of others to enjoy the Website or that infringes on the rights of others including, without limitation, any intellectual property rights of any entity or person, impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content, contains links to other sites that contain the kind of content which falls within the description set out above; or interferes or disrupts the service and/or business of this Website in any manner.
The Tuned Inn reserves the right to delete, move or edit any content and refuse access to anyone who The Tuned Inn believes in its sole and absolute discretion has violated these terms or any other term of this Agreement. You hereby waive any and all rights you may have with respect to the alteration, modification, or removal of any such content. The Tuned Inn additionally reserves the right to terminate this Agreement against any further use of any person or entity who violates any term of this Agreement. If The Tuned Inn receives a request to disclose the identities of users who post content to the Website and if The Tuned Inn discloses the identify of a user pursuant to the Terms of Use or The Tuned Inn's Privacy Policy, you understand and agree that we may do so and you waive all rights in connection therewith.
By submitting material to the Website, you are representing that you are the owner of the material or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Agreement but may also subject you to legal liability for copyright, trademark or other intellectual property infringement.
All material you submit to the Website, including e-mails, becomes the sole and exclusive property of The Tuned Inn. The Tuned Inn may reproduce, distribute, display, exhibit and otherwise exploit that material in all markets and media now known or hereafter devised throughout the Universe in perpetuity without payment of any compensation or other consideration to you. You hereby waive all moral rights you may have in and to that material. The Tuned Inn does not consider any material you submit to the Website to be confidential or proprietary.
7. Promotions and Contests
The Website may, from time to time, contain sweepstakes and other contests and promotions that require you to send material or information about yourself. Those sweepstakes, contests, or promotions may be governed by a separate set of rules that may have eligibility requirements. It is your responsibility to read such rules to determine whether your participation, registration, and/or entry are valid. You agree to read and comply with such rules before entering any sweepstakes, contest, or promotion on this Website. Upon submission, all registrations and information become exclusive property of The Tuned Inn, as defined by the Privacy Policy.
8. Membership and registration
Certain areas of this Website may, in the future, require you to register or ask you to provide information to participate in certain features or access certain content. Your decision to provide that information is purely optional. If you elect not to provide that information, however, you may not be able to access that area, feature, or content. If you elect to provide that information, you agree to provide information that is true and accurate. You may also be required to choose a user name and password. It is your responsibility alone to ensure the confidentiality of that name and password. You agree not to register under the name of any other person. The Tuned Inn reserves the right to reject any user name that is, in The Tuned Inn's sole and absolute judgment, offensive. You agree to notify The Tuned Inn of any unauthorized use of your user name and/or password. You must be at least 13 years old to register on the Website.
9. Purchase of merchandise
In the event any merchandise or services are offered for sale via this Website, which are listed at an incorrect price or contain other incorrect information, The Tuned Inn shall have the absolute right to refuse or cancel any order placed for such merchandise or services and The Tuned Inn is released from liability for same. Your only remedy is to return to The Tuned Inn or a third party offering that merchandise for a refund, at The Tuned Inn's or the third party's sole discretion.
11. Disclaimer and release of liability
YOU AGREE THAT USE OF THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND YOU VISIT THE WEBSITE AT YOUR SOLE RISK. NEITHER THE TUNED INN, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SHAREHOLDERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANT AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. THE TUNED INN DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE.
THE TUNED INN DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR ANY INFORMATION, PRODUCT, OR SERVICE OFFERED ON THIS WEBSITE.
THE TUNED INN IS NOT LIABLE FOR ANY INJURY ARISING OUT OF THE USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. THE TUNED INN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU AGREE THAT THE TUNED INN'S LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE TUNED INN FOR THE USE OF THE WEBSITE.
12. Indemnification
You agree, at all times, to defend, indemnify and hold harmless The Tuned Inn, its respective affiliates and licensors and each of their respective members, directors, officers, employees, shareholders and agents from and against any and all claims, losses, actions, liabilities, damages, injuries, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) arising out of, directly or indirectly, any use you make of the Website or your use of material on the Website and any violation by you of this Agreement. You agree not to take any action that interferes with the proper working of the Website, imposes an unreasonable or disproportionately large load on the Website's infrastructure, might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or any content in the Website. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
You acknowledge and agree that The Tuned Inn 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 the use of or reliance on any content, goods or services available on or through such services. The Tuned Inn and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
13. Governing Law
This Website originates from and is maintained in the United States of America. This Agreement has been made in and shall be construed in accordance with the laws of the State of Delaware. You consent to the exclusive jurisdiction of the state and federal courts located in Delaware in all disputes arising out of or relating to this Agreement or use of this Website without regard to conflict of laws or choice of law principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises and you hereby expressly waive any right you may have under applicable federal, state, or local statutes of limitations. The Tuned Inn makes no representations regarding the legality of access to or use of the Website or the materials contained herein from other countries. Access in countries where the materials contained herein are illegal is prohibited. Users who access the Website from outside the United States do so at their own risk.
14. Severability
If any portion of this Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of this Agreement, which shall remain in full force and affect.
15. Entire Agreement
This Agreement, the Privacy Policy, and any rules for the Website established by The Tuned Inn constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to that subject matter.
16. Headings
The paragraph headings used herein are for convenience only and shall not be used to limit any portion of this Agreement.
