Please read the following terms and conditions carefully. labeltune. ("labeltune") provides the labeltune website located at www.labeltune.com (the "Site") and the related services through which users can use and access Music services (defined below), offline and online, regardless of what device or website they are using ("Services"). These labeltune Terms of Service ("Terms of Service") and all policies referenced in this document or elsewhere on the Site which are incorporated herein by reference are a legal agreement between you and labeltune and apply to you whether you are a visitor to the Site or a user who has registered with us and created a labeltune account ("labeltune User").
YOU UNDERSTAND THAT BY CLICKING THE “SIGN UP NOW” BUTTON OR " " PAY NOW" BUTTON, BY USING THE SITE, SERVICES OR YOUR labeltune ACCOUNT OR BY ACCESSING ANY Music services OR USER FILES YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE SITE OR THE SERVICES. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” REFER HEREIN TO THAT BUSINESS.
ACCESSING YOUR COMPUTER, labeltune FOLDERS AND THIRD PARTY ACCOUNTS
YOU ACKNOWLEDGE AND AGREE THAT BY UTILIZING THE SITE, SERVICES AND/OR Music services, TO PROVIDE YOU WITH THE SERVICES YOU CONSENT TO labeltune ACCESSING AND/OR SCANNING (I) YOUR COMPUTER AND/OR ANY FILES, DATA OR INFORMATION THEREIN AND (II) ANY FILES OR CONTENT LINKED TO AS A RESULT OF YOUR ADDITION OF THIRD PARTY ACCOUNTS OR APPLICATIONS TO YOUR ACCOUNT PROFILE. IN THE EVENT THAT YOU CHOOSE CERTAIN SETTINGS (INCLUDING THE SELECTION OF “labeltune FOLDERS”) IN YOUR ACCOUNT PREFERENCES YOU CONSENT TO PROVIDING OTHER labeltune USERS ACCESS TO THE Music services YOU INDICATE.
In order to access certain features of the Site and Services, you must create a labeltune account and become a registered labeltune User. To become a registered labeltune User you must be at least 18 years of age. When you register you will be asked to choose a username and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. You will immediately notify labeltune of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. Our Privacy Policy contains information about our policies and procedures regarding the collection and use of personal information we receive from users of the Services.
As a labeltune User you consent to the use of: (a) electronic means to complete these Terms of Service and to provide you with any notices given pursuant to these Terms of Service; and (b) electronic records to store information related to these Terms of Service, your use of the Site and Services or your submission of Music services.
Modification of the site or Terms of service
labeltune reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate these Terms of Service without advance notice. Modifications to these Terms of Service or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Terms of Service. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services after labeltune has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.
Fees and billing
Fees. Please see pricing for the rates at which the Services can be purchased which are incorporated herein by reference. labeltune Users can purchase the Services in a variety of ways: (i) labeltune Users pay a yearly maintenance and live fee service or a yearly membership fee depending on priceplan for the Services ("Service Fee").
Live Fee
In order to retain the album live on iTunes, a fee of 15 USD per year is charged.The annual live fee will be deducted from the earned royalty on the first January ( 01 January ) of every year. Payment ( the annual live fee ) is always in advance one year starting from the 1:st day a user uploaded the first album or songs. The annual fee will still be reflected on the account even if a user don't have any sales. If a user don´t earn any money or sell any songs, they don't need pay anything until they start making money.
Changes to an existing albums / singles that are live at iTunes Store fees/per store
- Misspellings album $10USD, single $5USD
- Change album/single name/title $10USD
- Change artwork cover $10USD
- Change UPC album $29USD, single $19USD
- Change ISRC album $29USD, single $19USD
- Replace/Remove album $29USD, single $19USD
Annual VIP Renewal
The annual VIP renewal fee will be deducted from your earned royalty on the first January ( 01 January ) of every year. This can be paid manually using PayPal if you prefer. Payment must be on Labeltune´s PayPal account payments@labeltune.com before 01 January every year. If you became a VIP member a certain date of the year, you will be credited with these days at the end of your VIP subscription.
Payment.
* All Service Fees are billed in advance on a yearly basis starting from the date the labeltune User signed up for a paid account.
* All fees are non-refundable. No prorated refunds, credits or upgrade or downgrade related refunds will be provided under any circumstances. You agree to pay labeltune for all charges at the prices then in effect for use of the Services by you or other persons (including your agents) using your labeltune account, and you hereby authorize labeltune to collect fees by charging the credit card you provide to us as part of your labeltune account information or otherwise, either directly or indirectly, via a third party online payment service.
* The Services may include sales tax based on the bill-to address and the sales tax rate in effect at the time your transaction is completed. You will be responsible for, and will promptly pay, all taxes and duties of any kind (including but not limited to sales, use and withholding taxes) associated with your receipt or use of the Services.
* At least fourteen (14) days prior to the end of a labeltune User’s one-year service plan, labeltune Users will be sent an email message indicating when their one-year service plan will end. Once a labeltune User’s one-year service plan is over, the one-year service plan will automatically renew for additional one-year terms (each a "Renewal Term") at the One-Year Service Plan Fee rate posted on the Site on the date the Renewal Term begins, unless the labeltune User provides notice of cancellation, in accordance with the section below titled "Termination or Cancellation of the Site or Services", prior to the end of the his or her one-year service plan.
Upgrading/Downgrading. labeltune Users that wish to upgrade or downgrade their service plans can do so by emailing our billing department at billing@labeltune.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You may request an upgrade or downgrade at any time subject to the following terms and conditions:
Payment Rates
iTunes
Labeltune takes none of the money from the sale of your music in iTunes. You get it all. For the iTunes U.S. store, you receive $0.70 per song sold individually and $7.00 per album with 11 or more songs sold in its entirety. Purchases in the iTunes stores outside of the U.S. are made in that country's local currency. For example, if an album or song sells from the iTunes Japan store, iTunes Japan processes the sale in Japanese yen (¥). The money is then converted into U.S. dollars by Labeltune and forwarded on to you. As always, Labeltune takes none of the money from the sale of your music. You get it all, but be aware that bank conversion rates are out of our control and can change from day to day--the bank will convert the currency into U.S. dollars based on what the exchange rate is at the time the bank receives the money.
Royalties
The user must notify labeltune when they wish to withdraw money from their earned royalties, by mailing payments@labeltune.com. The user will get their money within 24 hours* after a payment request. If royalties for a given region for a given month are less than $20 , or the equivalent in local currency, labeltune will withhold payment until the user / customer accumulate more than $20in royalties. The user can still withdraw money even if their earnings not have accumulated more than $20 in royalties with a fee of 2.99 USD per region. Any questions regarding payment can be sent to payments@labeltune.com.
* Monday to Friday = Within 24 Hours, Saturday and Sunday = 48 Hours
Upgrading
* One-Year Service Plans – labeltune Users pay a prorated increase in their One-Year Service Plan Fee for the remaining time in the annual billing cycle in which the upgrade is initiated.
Downgrading – Downgrades for any type of service plan do not take effect until the next billing cycle (yearly or annual) after the downgrade is initiated. Downgrading your service plan may cause loss of features or functionality. labeltune will not be liable to you or any third party for any downgrading and labeltune will have no obligation to maintain any information stored in our data centers related to your account which may become inaccessible thereafter or to forward any information to you or any third party.
Sales and statistics are not real time, sales are always delayed with a minimum of 1 month.
Termination or cancellation of the site or services
Without limiting other remedies, labeltune reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate these Terms of Service without advance notice. labeltune accounts which are unused for more than 60 consecutive days are subject to termination. Modifications to these Terms of Service or any policies will be posted on the Site or made in compliance with any notice requirements set forth in this Agreement. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services following any posting of a new Terms of Service or other policies on the Site, you accept and agree to be bound by the new term or policies. In addition, labeltune may notify authorities or take any actions it deems appropriate, without notice to you, if labeltune suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Service or any policies or rules established by labeltune; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, labeltune Users, labeltune, any other third parties or the Site or Services.
Subject to the section titled “Fees and Billing”, you may terminate your labeltune account at any time and for any reason. Upon any termination by a labeltune User, the related account will no longer be accessible.
Any suspension, termination or cancellation will not affect your obligations to labeltune under these Terms of Service (including, without limitation, the rights granted by you to labeltune, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Service will immediately cease. labeltune will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING Music services OR labeltune CONTENT) WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, labeltune will have no obligation to maintain any information stored in our data centers related to your account or to forward any information to you or any third party.
Labeltune may terminate a user account without any reasons,. Labeltune must notify the user 3 months in advance, ( 3 month's notice ). User files, music and video, will be removed from iTunes store after 3 months of notice. If a user account is terminated by labeltune without cause, the membership fee will be refunded and all earned royalties will be outpayed to the customer within 30 days, after the 3 months notice. If the user whish to cancel the membership, no membership refund will be made.
Certain Definitions
"Music services” or “User Files” means the information contained in the files that you or other users back up, upload, download, access or otherwise organize or manage (including that related to other online services or applications) through the Site and Services.
"labeltune Content” means, collectively, the text, data, graphics, images, labeltune trademarks and logos and other content made available through the Site and Services, excluding Music services.
Site services
Disclaimer. You acknowledge that labeltune does not have any obligation to monitor the Site, labeltune Content, User Files or User Posts (defined below) for any purpose, but has the right to do so for the purpose of operating the Site and the Services, to ensure users’ compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Notwithstanding, labeltune is not responsible for the accuracy, completeness, appropriateness, legality or applicability of User Files or anything said, depicted or written by users in their User Posts, including without limitation, any information obtained by using the Site or Services. labeltune does not endorse anything contained in User Files or User Posts or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against labeltune with respect thereto.
You acknowledge and agree that you should not rely on the Site, labeltune Content, Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, labeltune Content, or Services. Without limiting the foregoing, you will be responsible for all costs and expenses required to backup and restore any data and information that is lost or corrupted as a result of your use of the Site, labeltune Content, Services.
labeltune will have the right to investigate and prosecute violations of these Terms of Service, including Intellectual Property Rights (defined below) infringement and Site security issues, to the fullest extent of the law. labeltune may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service.
VIP Account - Terms and Conditions, upload unlimited amount of albums or singles. However, there are some basic restrictions:
If you represent a single artist or a band you can upload unlimited amount of albums or singles. Max 1 artist/band per VIP account.
If you represent a Record Company or a label you can upload unlimited amount of albums or singles. Max 3 artists/bands per VIP account.
Other digital content such as audio books, course books, compilations, entertainment material, spoken word, soundtracks, educational material is limited to max 6 uploads per VIP account
Music Delivery time
It can take more than 14 days before the album is live on itunes. We can never guarantee how long it takes. We always do our best to make it take as little time as possible by sending the music to Apple within 24 hours after we received it from our customers, provided that they are no errors in the information we received from customers
Content and feedback
labeltune and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Services, labeltune Content and any other content made available through the Site or Services contained therein, other than your Music services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, labeltune Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, labeltune Content or any other content made available through the Site or Services (other than your Music services).
All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to labeltune, in any form, and any contributions you make to the Site by posting labeltune Content and communicating with other labeltune Users via posts to forums on the site (“User Posts”) will be the sole and exclusive property of labeltune. You hereby irrevocably transfer and assign to labeltune and agree to irrevocably assign and transfer to labeltune all of your right, title, and interest in and to all of your Feedback and User Posts, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. At labeltune’s request and expense, you will execute documents and take such further acts as labeltune may reasonably request to assist labeltune in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback and User Posts. You will not earn or acquire any rights or licenses in the Site, labeltune Content, and Services or in any labeltune Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.
User Conduct
The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site, Services, labeltune Content or Music services:
1. Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any Intellectual Property Rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
2. Access, tamper with, or use non-public areas of the Site (including but not limited to user folders not designated as ‘public’), labeltune’s computer systems, or the technical delivery systems of labeltune’s providers;
3. Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
4. Attempt to access or search the Site, labeltune Content, Services or User Files with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by labeltune or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools.
5. Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
6. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, labeltune Content, Services or User Files to send altered, deceptive or false source-identifying information;
7. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, labeltune Content, Services or User Files;
8. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on labeltune’s computer system, those systems of labeltune’s providers, or otherwise use the Site, labeltune Content, Services or User Files to attempt to distribute malware;
9. Impersonate or misrepresent your affiliation with any person or entity;
10. Encourage or authorize any third party to engage in any of the forgoing prohibited activities.
Copyrighted Materials: No Infringing Use
You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. labeltune has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
Copyright Infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.
It´s very important that the user have (cleared ) have a mechanical license ( The user must have a written permission from the record label/s. ) if they want to use any of the original vocals / recordings that belongs to the original artist / songwriter / record label in their uploaded music / content. No refunds will be made if an album /single or songs / lyrics get rejected due to copyright infringements.
Promotions
labeltune may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Site. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site, as they may contain additional important information about labeltune’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Service, the terms and conditions of such Official Rules will control.
Links to third party sites
The Site may contain links to third-party websites or resources. You acknowledge and agree that labeltune is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the labeltune Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by labeltune of such websites or resources or the labeltune Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Use of the site at your own risk
Your access to and use of the Site, labeltune Content, Services, Music services and User Files is at your own risk. labeltune will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, labeltune Content, Services, Music services or User Files
labeltune is available “As - Is”
THE SITE, labeltune CONTENT, SERVICES, Music services OR USER FILES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, labeltune EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
labeltune MAKES NO WARRANTY THAT THE SITE, labeltune CONTENT, SERVICES, Music services OR USER FILES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. labeltune MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, labeltune CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, labeltune CONTENT, SERVICES, Music services OR USER FILES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM labeltune OR THROUGH THE SITE, labeltune CONTENT, SERVICES, Music services OR USER FILES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold labeltune, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, labeltune Content, Music services and/or User Files; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Music services caused damage to a third party, including without limitation claims that Music services are infringing.
Limitation of Liability
IN NO EVENT WILL labeltune BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, labeltune CONTENT, SERVICES, Music services OR USER FILES, OR FOR ANY ERROR OR DEFECT IN THE SITE, labeltune CONTENT, SERVICES, Music services OR USER FILES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT labeltune HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT labeltune IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER labeltune USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, labeltune WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY labeltune CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES Music services AND/OR USER FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES. IN ANY CASE, labeltune’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED $50. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
General
No Assignment. You will not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of labeltune. Any purported assignment or delegation by you without the appropriate prior written consent of labeltune will be null and void. labeltune may assign these Terms of Service or any rights hereunder without your consent.
Force Majeure. labeltune will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to labeltune infrastructure or connectivity to the Internet, or failure at labeltune co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, labeltune will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues
Relationship of the Parties. For purposes of these Terms of Service, including if you create a labeltune account, you are not an employee or agent of labeltune and you will not represent that you are any of the foregoing. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under these Terms of Service, including without limitation any expenses associated with the implementation of these Terms of Service.
Severability and Waiver. In the event that any provision in these Terms of Service are held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of labeltune to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision
Controlling Law and Jurisdiction. These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Notice. Any notice or other communication to be given hereunder will be in writing and given: (a) by labeltune via email (in each case to the address that you provide); (b) a posting on the Site; or (c) by you via email to legal@labeltune.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it or to such other addresses as labeltune may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Entire Agreement. These Terms of Service are the entire and exclusive agreement between labeltune and you regarding the Site, labeltune Content, Services, Music services and User Files, and these Terms of Service supersede and replace any prior agreements between labeltune and you regarding the Site, labeltune Content, Services, Music services and User Files.
If you have any questions about these Terms of Service, please contact labeltune at legal@labeltune.com