The Omnitune website located at omnitune.com is a copyrighted work belonging to Omnitune. Certain features of omnitune.com may be subject to additional guidelines, terms, or rules, which will be posted on omnitune.com in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute.
For you to use omnitune.com, you have to start an account and provide information about yourself. You warrant that: (a) all required registration information you submit is truthful, up-to-date and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time on request. Omnitune may suspend or terminate your Account.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify Omnitune of any unauthorized use, or suspected unauthorized use of your Account. Omnitune cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Omnitune grants you a non-transferable, non-exclusive, revocable, limited license to access omnitune.com solely for your use.
The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit omnitune.com; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of omnitune.com; (c) you shall not access omnitune.com in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of omnitune.com may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of omnitune.com shall be subject to these Terms. All copyright and other proprietary notices on omnitune.com must be retained on all copies thereof.
Omnitune reserves the right to change, suspend, or cease omnitune.com with or without notice to you. You approved that Omnitune will not be held liable to you or any third-party for any change, interruption, or termination of omnitune.com or any part.
You agree that Omnitune will have no obligation to provide you with any support in connection with omnitune.com.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in omnitune.com and its content are owned by Omnitune or Omnitune's suppliers. Note that these Terms and access to omnitune.com do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Omnitune and its suppliers reserve all rights not granted in these Terms.
“User Content” means any and all information and content that a user submits to omnitune.com. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Omnitune. Because you alone are responsible for your User Content, you may expose yourself to liability. Omnitune is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to Omnitune an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in omnitune.com. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
The following terms constitute our “Acceptable Use Policy”: You agree not to use omnitune.com to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through omnitune.com any software intended to damage or alter a computer system or data; (ii) send through omnitune.com unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use omnitune.com to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to omnitune.com, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to omnitune.com, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of omnitune.com; or (vi) use software or automated agents or scripts to produce multiple accounts on omnitune.com, or to generate automated searches, requests, or queries to omnitune.com.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide Omnitune with any feedback or suggestions regarding omnitune.com, you hereby assign to Omnitune all rights in such Feedback and agree that Omnitune shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Omnitune will treat any Feedback you provide to Omnitune as non-confidential and non-proprietary.
You agree to indemnify and hold Omnitune and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of omnitune.com, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Omnitune reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Omnitune. Omnitune will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
omnitune.com may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Omnitune, and Omnitune is not responsible for any Third-Party Links & Ads. Omnitune provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Omnitune will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Omnitune and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, omnitune.com.
Like any other website, Omnitune uses ‘cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
omnitune.com is provided on an “as-is” and “as available” basis, and Omnitune and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that omnitune.com will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to omnitune.com, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
To the maximum extent permitted by law, in no event shall Omnitune or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use omnitune.com even if Omnitune has been advised of the possibility of such damages. Access to and use of omnitune.com is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Subject to this Section, these Terms will remain in full force and effect while you use omnitune.com. We may suspend or terminate your rights to use omnitune.com at any time for any reason at our sole discretion, including for any use of omnitune.com in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use omnitune.com will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Omnitune will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Omnitune respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Omnitune and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
All claims and disputes in connection with the Terms or the use of any product or service provided by Omnitune that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Omnitune, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Omnitune should be sent to: 8 rue la Boétie, 75008, Paris, FRANCE . After the Notice is received, you and Omnitune may attempt to resolve the claim or dispute informally. If you and Omnitune do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
If you or Omnitune pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.
If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and Omnitune, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Omnitune.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
This Arbitration Agreement will survive the termination of your relationship with Omnitune.
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
The communications between you and Omnitune use electronic means, whether you use omnitune.com or send us emails, or whether Omnitune posts notices on omnitune.com or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Omnitune in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Omnitune provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
These Terms constitute the entire agreement between you and us regarding the use of omnitune.com. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Omnitune is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Omnitune's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Omnitune may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on omnitune.com are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
8 rue La Boétie, 75008, Paris, France