tuneCORE is an online service accessible through tuneCOREtop.com (hereinafter referred to as the “Website”), provided by tuneCORE, and these Terms of Service (hereinafter referred to as the “ TOS ”) govern the access, browsing, viewing and more generally use of the Service by any natural or legal person, regardless of the conditions under which he or she accesses the Service and from whatsoever terminal, (hereinafter referred to as the “ User ”).
Article 1 - Purpose and Prior Acceptanc
1.1. These Terms of Service establish the contractual obligations between tuneCORE and any User who wishes to access, consult, view and more generally use the Services through any device (PC, digital tablet, mobile phone).
1.2. The applicable Terms of Service are those in force at the time the User creates an Account and/or subscribes to one of the Subscription Offers for the Services. Use, registration, subscription or payment implies full acceptance by the User of the Terms of Service in force. Any User who does not wish to comply with and abide by the applicable Terms of Service must cease using the Services in any manner and, where appropriate, close his account.
1.3. tuneCORE reserves the right to modify the Services and the current TOS at any time, as set out herein. Therefore, the User undertakes to refer to the TOS regularly to be aware of any changes that may be made, and expressly provides that any significant modifications to these TOS require the User's re-acceptance.
Article 2 - Description of the Service
2.1. The Service provides the User with access, consultation, viewing and/or use of data, information and content related to artists, records and video recordings and albums, statistics related to sales, listening, viewing, rankings, followers, listeners and other elements related to third-party online and offline music distribution and broadcasting services, social media network pages and account activities and other content and websites, as well as aggregation and analysis functions and tools to help the cooperating parties to optimize data orders and obtain commissions and rewards.
The Service is provided to the User primarily through website data optimization tools and calculation methods. First, the User can access the Service through the dashboard, which displays data and content according to the standard format determined by tuneCORE; each set of order task data acquired by the User determines the scope of the accessible data and functions. Second, the User can access orders and provide data optimization services through the analysis tool, which allows the User to pay an upfront fee based on the amount of data acquired and the type of task, thereby obtaining commissions and other bonuses for orders.
The number and variety of functions provided in the Service and the access rights granted vary according to the User's level and the type of task selected (dashboard or API). Registering to access the service under the invitation or authorization of other users will also generate an additional 15% share of the user's commission income
Orders are automatically and randomly provided to users through the traffic pool, and each order corresponds to different prices or specific data standards. Before choosing to reset the account, the user should carefully read and understand the level rules and the conditions for matching the account balance with the order to ensure the complete provision of the expected traffic. Once overdue, a default record will be generated.
2.2. tuneCORE has the right to modify the layout, presentation and graphic design of its services and the website, application or other media or platform that provides the service.
2.3. tuneCORE remains the sole decision maker for providing the features and tools of the Service to users and (if applicable) displaying any related advertisements. tuneCORE will determine which third-party services will be included in the data source of the Service, but please note that tuneCORE will do its best to provide consistent, useful and trending data, but will not control the third-party data provided at any specific time. In this regard, users shall not make any claims, lawsuits or damages due to the modification or deletion of any editorial content, data source and/or function of the Service.
Article 3 - Availability of the Service
3.1. The Service is provided online and requires the User to have adequate, up-to-date and compatible computer equipment and Internet access, at the User's expense.
3.2. Subject to potential technical or material limitations, tuneCORE provides the Service 12 hours a day, 7 days a week. The User acknowledges that tuneCORE may interrupt direct or indirect access to the Service when necessary, in particular for technical or editorial reasons (such as maintenance, updates, etc.), without prior notice or notification to the User, even if tuneCORE will endeavor to notify the User in due course, subject to any technical and/or security requirements.
3.3 It is recalled that the proper functioning of the Service and the data available on the Service depend to a certain extent on third-party and actually accessible data. Therefore, tuneCORE assumes no obligation (whether on a best-effort or results-oriented basis) and does not guarantee the availability, continuity, scope, quantity, relevance and accuracy of the third-party data available in the Service. In this regard, there is no guarantee that any particular data source will be continuously included in the Service, and therefore no data source can be considered as material for the Service itself.
Article 4 - Access to the Service
4.1. The functionality of the Service is provided for a fee, but in exceptional cases a free trial period may be offered with limited trial period and access conditions. Pricing is determined by tuneCORE and depends on the scope of the available functionality, the type of order (dashboard or API), the order term and the number of artists whose data and information can be consulted.
Access to the Service through the tuneCORE dashboard is provided on the basis of different levels of user tiers, with monthly or annual prices determined according to the scope of functionality provided to the User.
Users can access the Service through the Website, accessible on smartphones running iOS or Android operating systems.
4.2. In order to access the Service, each User must previously create an account with the required information (such as his name, contact details, valid email address, etc.), which must be accurate and true (hereinafter referred to as the "Account").
tuneCORE reserves the possibility to refuse the registration or subscription of any User who may have caused difficulties in the past in connection with the payment of assignments or whose behavior may prove to be in violation of these Terms of Service or applicable laws.
When creating his account, the User will subscribe or be invited to use the Service as part of another User's subscription:
The "Subscriber User" subscribes to a paid subscription and is responsible for its payment and for all Users to whom it grants consultative and administrative rights for that subscription.
Non-subscribed Users are invited and designated by the Subscriber User directly or through the intermediary of another User acting on its behalf to access all or part of the Services within the Subscriber User's subscription and, where applicable, may be granted administrative rights to the subscription (payments, actions related to invoicing, invitations of other Users, etc.) in accordance with the rights granted by the Subscriber User.
The Subscriber User is the responsible party for the subscription to the Service and has the right to invite other Users to access its subscription in accordance with the authorizations and access rights determined by it. Therefore, the Subscriber User acknowledges and agrees that all its Users shall read, accept and comply with these Terms of Service and guarantees compliance with them on its behalf, noting that any violation by a User in relation to the subscription may have consequences for the entire subscription.
4.3. tuneCORE may allow a new Subscriber User (and any other User authorized by the latter) to access the Service free of charge for a limited period of time starting from the date of creation of the new Subscriber User account (hereinafter referred to as the "Trial Period"). After the trial period, the User may subscribe or stop using the Service in accordance with the provisions of these Terms of Service.
4.4. Each account is personal and may not be used by anyone other than the User. Accounts may not be transferred, shared or assigned to third parties, even between Users of the same company, entity or group, or more generally, between Users who rely on the same User.
Each User undertakes to keep confidential his/her login information and not to disclose it. Each User shall be solely responsible for access to his/her account using his/her login name and password, unless there is evidence of use by third parties without the User's fault or negligence.
4.5. An account may be terminated at any time, (i) by the User in accordance with the provisions of these Terms of Service, or (ii) by tuneCORE in case of a breach of the provisions of these Terms of Service or of applicable law, or in case of unpaid amounts.
The User acknowledges and accepts that the termination of his/her account implies the permanent deletion of all data, settings, information stored therein, which may not give rise to any financial or other compensation claims. Any breach by the User may result in the termination of the Subscriber User account on which he/she relies and for which he/she is responsible.
4.6. Regular validity period of order
When users use technical analysis tools to optimize order services, they must provide data traffic value within 8 to 24 (twenty-four) hours.
If users are unable to complete the data order during the task period in time, please deposit part of the funds in time to apply for an extension. Once the time limit is exceeded, they may be subject to order complaints or breach of contract compensation applications initiated by merchants on the cooperation agreement.
If the user violates the obligations stipulated in these Terms of Service, including breach or violation of the representations and warranties stipulated in this Agreement, tuneCORE may terminate the cooperation.
Article 5 - Conditions of Use of Services
5.1. All users promise not to violate applicable laws and the legitimate interests of third parties and tuneCORE. To this end, when using any technical analysis tool for order optimization services, when the User is invited or has the possibility to upload, suggest, modify data or information on the Service, the User in particular undertakes not to do the following:
Use the Service or any of its elements in a commercial manner without prior written authorization from tuneCORE, subject to the data sharing expressly permitted by the Service and only in a professional environment and not for commercial purposes;
Disseminate false, incorrect, misleading, defamatory or offensive data, information or content;
Violate applicable laws, in particular those relating to intellectual property, in particular by posting infringing content (including creating hyperlinks to websites offering infringing content or simply providing information about such websites), personality rights, image rights and press laws, or more generally by engaging in unfair or disloyal behavior that harms the interests of other Users, tuneCORE or third parties whose Services are referenced in the Service or whose data are analyzed;
Use the Service to send unsolicited advertising or promotional content in any form;
Copy, modify or distribute content from tuneCORE or the Service, free or paid, without the consent of tuneCORE;
in cases where a partnership with tuneCORE could be implied;
Misappropriating the identity of the User or tuneCORE; Attempting to mislead other Users by misappropriating identities, company names, trade names or damaging the image or reputation of others, impersonating third parties or persons associated with tuneCORE;
Collecting User information by any means without the User's consent;
Hacking or engaging in any fraudulent collection of personal data;
Transmitting viruses, malware or other devices that could harm tuneCORE or the Users of the Service;
Using any automated means that allow a large number of votes within the framework of the classification or ranking tools provided by the Service, thereby artificially overloading the servers;
Interfering or attempting to interfere with the operation and/or accessibility of the Service or any other service and/or content accessible on the Internet;
Using any automated system or software to scrape or extract data from the Website (screen data capture or "screen scraping"/"data scraping").
If the User does not comply with one of the above provisions, tuneCORE reserves the right to suspend or delete the User's access to the Service and/or any account related to the same subscription, and reserves the right to seek appropriate compensation.
5.2. The account level determines the amount of data and the scope of functions accessible and is associated with different pricing and interest rate conditions. Each level plan has specific prerequisites and the User should choose the most suitable promotion plan to match different traffic pools according to their own situation.
5.3. The Service is intended for personal use by the User within the framework of his or her professional activities only. Public use of the Service and the collected and aggregated data is prohibited without the authorization of tuneCORE. The User undertakes not to use or communicate to third parties any information, data, content, notifications, analysis, reports, documents or any other elements resulting from his or her use of the Service or the Website, unless tuneCORE specifically provides sharing tools to the User or tuneCORE explicitly authorizes.
In general, the communication of data and information obtained through the use of the Services by Users to co-contractors, clients and potential clients for commercial purposes is tolerated, provided that this does not cause damage to tuneCORE activities or undue prejudice to tuneCORE' legitimate interests, provided that: such communication is not directly or indirectly incorporated into the services provided by the User to third parties; the integrity of the data and its presentation does not alter or disparage tuneCORE; such communication is occasional and not systematic, habitual or frequent; it is free of charge and is not remunerated directly or indirectly in any way;
Article 6 – Hyperlinks
6.1. Hyperlinks accessible on the Services may redirect Users to other websites or other Internet resources. Since tuneCORE has no control over these websites and external resources, Users acknowledge that tuneCORE is not responsible for the content, advertising, products, services or other materials available on these websites or external resources.
Furthermore, the User acknowledges that tuneCORE is not responsible for any loss or damage resulting from the use of content, goods or services offered by these websites or external sources. Likewise, tuneCORE is not responsible if the content of such websites violates applicable laws or regulations. Any erroneous or illegal content originating from such websites must be reported to tuneCORE through the means provided on the Website.
6.2. Any sharing of media or materials authorized by tuneCORE that originates from the Services or contains data or elements from the Services or tuneCORE shall systematically contain the specified link to tuneCORE
In all other cases, the User is prohibited from implementing hyperlinks to all or part of the Services, unless the prior written consent of tuneCORE is obtained.
tuneCORE has the right to refuse this authorization without explaining its decision. If tuneCORE grants the authorization, it is temporary and can be withdrawn at any time without explanation from tuneCORE.
Article 7 — Intellectual Property
7.1. All elements of the Services (texts, images, photos, sounds, software, icons, graphics, layout, databases, trademarks, logos, etc.), including their structure and compilation, are protected by intellectual property rights, in particular copyright, trademarks, database rights, of which tuneCORE is the owner, assignee or licensee, with the exception of elements owned by third parties. Therefore, any reproduction, representation, adaptation, translation and/or conversion of any element of the Services, in whole or in part, or use of any element of the Services, is prohibited without the prior express written consent of tuneCORE.
7.2. Furthermore, tuneCORE is the owner of the tuneCORE Trademark. Therefore, any reproduction, imitation or use of the tuneCORE Trademark is prohibited without the prior written consent of tuneCORE.
Article 8 – Warranties – Limitation of Liability
8.1. Each User undertakes to comply with these Terms of Service and acknowledges that any violation by him/herself or any other User associated with the same subscription may result in the immediate temporary or permanent suspension of his/her account without compensation or right to refund and without prejudice to any legal action that tuneCORE may take.
Each User warrants that he/she meets the eligibility conditions specific to the subscription plan he/she has chosen and acknowledges that a violation of the same will result in the immediate suspension and/or termination of his/her account under the aforementioned conditions.
Each User is responsible for his/her own actions and the Subscriber acknowledges that he/she may be held liable for any actions of the Users to whom he/she has granted access to the Service through his/her subscription.
8.2. The User should be aware that the data provided and aggregated by tuneCORE is mainly sourced from third-party sources and its continued availability, accuracy and precision are not the choice or responsibility of tuneCORE. In order to provide the Service, tuneCORE processes raw information and data from numerous third parties before aggregating and reprocessing it. Therefore, tuneCORE does not guarantee the continuous availability, accuracy or reliability of the information and data provided as part of the Service, although tuneCORE will do its best to provide extensive, relevant and reliable data and information through the Service.
tuneCORE does not provide any warranty that the Service and its functions and information will meet the expectations of the User for their professional or business activities, including accounting or legal purposes.
tuneCORE does not provide any warranty for any decision made in reliance on the Service and the functions and information it provides. Any use of the Service within a professional, business, accounting or legal framework is the sole responsibility of the User.
Furthermore, tuneCORE does not assume any responsibility for any misunderstanding or misint这些帮忙适应当前样式
