Although Tyunami may attempt to notify You when major changes are made to the Terms of Service, You should periodically review the most up-to-date version at http://share.tyunami.com/app/service-terms. Tyunami may, at its sole discretion, modify these Terms at any time, and such modifications are accepted and agreed by You.
As a condition to your use of the Service, you agree not to (i) alter, copy, modify or distribute any part of the Service or any of its related technologies any purpose; (ii) Transfer, sub-license, lease, lend, rent or otherwise distribute the Service or any portion thereof to any third party for any purpose whatsoever; (iii) Decompile, reverse-engineer, disassemble or create derivative works of the Service or any portion thereof; (iv) Make the functionality of the Service or any portion thereof available to multiple users through any means; and/or (v) use the Service for any unlawful purpose or in any manner inconsistent with these Terms. You further agree not to alter or modify any part of the Service or any of its related technologies.
The App will provide a platform for subscribers to record, upload, and share their music and collaborate with other subscriber performers. Users/subscribers shall register and create an account on the App, after which users can use their mobile device’s in-built camera to create audio and/or video recordings of themselves singing songs, composing music and/or lyrics, playing any instruments. Users would also be able to create and/or upload pre-recorded audio and audiovisual content on the App. Subscriber performers shall be able to collaborate with each other via the App. The said audio recordings, video recordings, uploading pre-recorded audio/video/audiovisual and collaboration of your work with other performers are collectively referred to as the “Content” which would be accessible to others. The Company may choose to monetize the Content through live performances or by sharing the Content with the third parties, or by placing paid advertisements of third parties on the content.
As a part of our Service, we collect and store the Content that you choose to make within the Apps while signed into your account. We do not store or collect the Content made within the Apps that are not connected with a valid, signed-in Account. When you save your Content on the Service, in addition to being accessible via the Service, this Content is uploaded to Tyunami’s owned platforms.
In addition to allowing you to create/upload the Content, the Service may also allow you to (A) save your Content locally to your device; and (B) Post your Content through the App to the Websites and to certain social media platforms like Facebook, Instagram and YouTube, or share a link of your User Recordings to certain third party social media platforms (e.g., Facebook, Twitter, Instagram etc) subject to these terms and conditions and any usage restrictions imposed by any copyright owners (e.g., sound recording and/or musical work copyright owners).
You control whether your Content are made publicly available on the Service or only available to people you explicitly share it with. To restrict access to your Content, you should select the privacy setting available within the App.
The Service will be accessible via a mobile phone, tablet or other wireless device (collectively, "Mobile Services").
IMPORTANT: In order to enable/use the said Service, You would be required to have an access to WIFI and/or have data connectivity from your data service provider. The cost of the data connectivity is subjective to each data service providers. Reviewing such costs and whether You wish to bear such costs is solely upon your discretion. The Company/App shall not be liable for any such cost bearing.
You may be permanently banned from the Service if You do any of the following:
You also may be banned if you take any other action that Tyunami determines is harmful to the Service or the use of the Service by others, or is in violation of applicable law.
In order to access certain features of the Service, you will need to create an account (“Account”). Creating an Account allows you to save, store and share your content. When creating your account, You must provide accurate and complete information. You agree and understand that you are responsible for not automating account creation. You are also responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. Accordingly, you agree that you will be solely responsible to the Company for all activities that occur under your account. The Company shall not be responsible whatsoever for any actions taken under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify the Company immediately at email@example.com.
You can create an Account by registering a new email account or by connecting to your social networking sites (“SNS”) such as Google+, Facebook or any other social networking sites the Company may add from time to time. By connecting to Tyunami through any of the SNS also known as third party services, You give us the permission to access and use your information from that service as permitted by that service and to create an account based on that information and store your log-in credentials for that service. You may only link SNS accounts with Tyunami. We will access and retrieve your account information from linked SNSs on your behalf and make certain information or services available to you through the Service. By linking your SNS account, you expressly authorize us to access your SNS account information on your behalf as your agent and permit us to access, use and in some cases store your SNS account information to accomplish the foregoing.
Tyunami grants You permission to access and use the Service as set forth in the Terms of Service, provided that:
Subject to these Terms and Conditions, we grant you a license to use the Service only for your personal use, for non-commercial purposes, and always subject to the terms of this Agreement. You must comply with all applicable copyright and other laws in connection with your access to the Service and use of the Content. You may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sublicense or otherwise transfer or use the Content, unless otherwise allowed under this Agreement. Tyunami does not grant you any right of synchronization, public performance, promotional use, commercial sale, resale, reproduction, rental or distribution rights in the Service or the Content created or uploaded by other users of Tyunami, without obtaining the written consent of the Company. You may however synchronize, publically perform, use, sell, re-sell, reproduce, rent or distribute the content created by You by using our Services, subject to the rights vested in You under applicable laws as regards your said content, the legality whereof the Company does not confirm and shall be solely at your risk, costs and consequences.
As part of the Service, you may (if enabled) receive push notifications, alerts, emails or other types of messages directly sent to you outside or inside the App (“Push Messages”). If you decide to enable Push Messages, you agree to receipt of communications from us via the Push Messages. You have limited control over the Push Messages settings and can opt in or out of these Push Messages through the Service (with possible exception of infrequent, important service announcements and administrative messages). Please be aware that the third party messaging fees may occur relating to these Push Messages depending on the message plan you have with your data carrier. As part of providing you the Service, we may need to provide you with certain notifications and communications such as service announcements and administrative messages. These communications are considered part of the Service and you may not be able to opt out from receiving them.
You shall respect your Tyunami community and other Users when creating and sharing content and using the Service. Whilst sharing the Content or otherwise using the Service, you agree not to:
The above mentioned list is just an example and is not intended to be complete or exclusive. If You are found guilty of conducting any of the above mentioned activity/ies and/or being involved in committing one or all such activities or similar other activities we reserve our right to terminate this agreement with You without giving you any prior notice and you may be permanently banned from using the Service.
You are responsible for your interaction with other Users and other parties that you come in contact with through your use of the Service. The Company reserves the right but are under no obligation to monitor and manage interactions between You and other Users. You shall fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity including without limitation granting us access to any password-protected portions of your Account. We also reserve the right to disclose any information that you submit through the Service, if in our opinion, we suspect or have a reason to suspect that the information involves a party who may be the victim of abuse in any form. This information may be disclosed to appropriate authorities if need be. We disclaim any and all liability to You or any third party relating to any dispute between You and other Users.
We do not permit any copyright infringing activities and infringement of Intellectual Property Rights on the Service and shall remove any such content if properly notified that such Content amounts to infringement of other person’s Intellectual Property Rights. If you are a copyright owner or an agent thereof, you can notify us about the infringing work at firstname.lastname@example.org with the subject “Copyright Claim” or in writing at AWFIS, Poddar Chambers, Mathuradas Mill Compound, Lower Parel, Mumbai 400013, with the following details:
The Company shall make all reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof.
The Service may contain advertising content from us. The Service may also contain links to or the ability to share information with third party websites ("External Sites"). We do not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. We are not responsible for the content of any External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that the Company will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.
You may close your Account at any time by sending us an email at email@example.com with the subject “Request To Terminate My Account”.
We reserve the right, to terminate its legal agreement with you, at any time, including termination of your account, if you breach any provision of the Terms, as per our sole discretion. We reserve the right to decide whether the Content violates the Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of the Terms of Service. We hold the right to deny you Service without any express reason.
On termination and/or suspension of your account, your Content originating from the said Service will remain on the Service at the Company’s sole discretion. You shall, however, not be able to access that content from your Account.
The Company shall not be liable to the user for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond the Company's reasonable control.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TYUNAMI ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. TYUNAMI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TYUNAMI’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE. TYUNAMI DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TYUNAMI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL TYUNAMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF TYUNAMI’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TYUNAMI SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Tyunami from its facilities in India. Tyunami makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Tyunami, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of the Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive the Terms of Service and your use of the Service.
You affirm that you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service.
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Tyunami without restriction.
This Agreement is governed by the laws of India, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of courts in Mumbai, India with respect to all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates).
Note: Any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action shall be deemed to have been permanently barred.
You agree that: (i) the Service shall be deemed solely based in Mumbai, India; and (ii) the Service does not give rise to personal jurisdiction over Tyunami, either specific or general, in jurisdictions other than Mumbai, India. The Terms of Service shall be governed by the laws of India, without respect to its conflict of laws principles. Any claim or dispute between You and Tyunami that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Mumbai, India. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any provision of the Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision, and any failure by Tyunami to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. Tyunami reserves the right to amend the Terms of Service at any time without notice. It is your responsibility to review the Terms of Service for any changes. Your use of the Service following any amendment of the Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TYUNAMI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You may notify us of any User Content that you believe violates these Terms or any other inappropriate user behaviour by email to us at firstname.lastname@example.org.
Thank you for reading our Terms. We hope you enjoy TYUNAMI.