User Agreement

Terms of Service and License Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TUNE SOCIETY, LLC (“TUNE SOCIETY”), STATING THE TERMS THAT GOVERN YOUR USE OF THE TUNE SOCIETY WEBSITE AND SERVICE (THE “SERVICE”). THIS AGREEMENT – TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF TUNE SOCIETY’S RULES AND POLICIES – COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND TUNE SOCIETY. BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE. Tune Society reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the SERVICE following the posting of changes will mean that you accept and agree to the changes. TUNE SOCIETY MAY REFUSE ACCESS TO THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Definition of the Tune Society Service. Tune Society is the provider of the Service that permits you to purchase a license for digital content, such as sound recordings and videos, under certain terms and conditions as set forth in this Agreement.

2. Age Requirements. The Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that your parent or guardian understands this Agreement.

3. Objectionable Material. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that Tune Society shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types and descriptions are provided for convenience, and you acknowledge and agree that Tune Society does not guarantee their accuracy.

4. Safety Information. A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before watching videos if you have ever suffered these or other symptoms linked to seizures and/or epilepsy, and stop watching immediately and see a doctor if these or similar symptoms occur while watching videos. Parents and guardians should monitor their children for signs of symptoms.

5. System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

6. Privacy. Except as otherwise expressly provided for in this Agreement, the Service is subject to Tune Society’s Privacy Policy at http://www.tunesociety.com/page/privacy, which is expressly made a part of this Agreement. If you have not already read Tune Society’s Privacy Policy, you should do so now.

7. Your Information. You agree to provide accurate, current and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current and complete. Tune Society may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Tune Society may store and use the Registration Data you provide (including credit card and other payment information) for use in maintaining your account and billing fees to your credit card or other form of payment.

8. Account and Password. The Service may require you to open an account (“Account”) (including setting up a Tune Society ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your Account. You agree to notify Tune Society immediately of any unauthorized use of your Account, or any other breach of security. However, you may be held liable for losses incurred by Tune Society or any other user of the Service due to someone else using your Account. Tune Society cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

9. Security. You understand that the Service, and products transacted through the Service, such as sound recordings and videos (“Products”), may include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by Tune Society and its licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Tune Society for compliance purposes, and Tune Society reserves the right to enforce the Usage Rules with or without notice to you. You agree not to access the Service by any means other than through software that is provided by Tune Society for accessing the Service. You shall not access or attempt to access an Account at any time without the express permission and consent of the holder of that Account. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.

10. Product Requirements. You acknowledge that use of any of the Products may require the use of other hardware and software products, and that such hardware and software is your responsibility. Products may only be downloaded once; provided, however that upon a technological malfunction preventing the successful download of any of the Products, you shall be allowed up to three opportunities to successfully download the Products within one week after your purchase thereof. After being successfully downloaded, Products cannot be replaced if lost for any reason. Once Products are purchased and you receive the Products, it is your responsibility not to lose, destroy or damage the Products, and Tune Society shall be without liability to you in the event of any loss, destruction or damage.

11. Use of Products. The Products are licensed, not sold, pursuant to the terms of this Agreement. Tune Society hereby grants to you a perpetual, nonexclusive, non-transferrable worldwide license to use the Products in compliance with the following “Usage Rules.”

a. Acceptance of Agreement. Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.

b. Permitted Uses. Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of the Products:

i.Personal use;

ii.Entertainment applications, including, without limitation, video productions, audio productions, film productions, broadcast (video, audio, Internet), multi-media presentations, theatrical presentations, music within software packages and video games;

iii.Advertising and promotional projects, including film and video presentations and television and radio commercials;

iv.Internet streaming and synchronization and Website background music;

v.On-hold and in-house background music;

vi.Film soundtracks;

vii.Modification or alteration of the Products as necessary, subject to the terms of this Agreement, and provided that if such modification or alteration constitutes a derivative work, you do not acquire any copyright ownership or equivalent rights in or to any of the Products or any other property of Tune Society or its licensors and you shall only use such derivative work in accordance with the terms of this Agreement. If requested by Tune Society, you agree to execute a written assignment of any such rights, including copyrights, without payment of additional consideration by Tune Society; and

viii.Any other uses approved in writing by Tune Society prior to the use.

If there is any doubt that a proposed use is a Permitted Use, you should contact Tune Society for guidance.

c. Synchronization. The Permitted Uses also allow the Products to be used for synchronization purposes, which means that (i) additional audio and/or vocal performances are recorded against or with the Products, and/or (ii) additional video compositions are recorded against the Products. In both cases, this is herein known as “synchronization.”

d. Prohibited Uses. Any other use of the Products not explicitly listed in subsection 11.b. above is explicitly forbidden. In the interest of clarity, any of the following, without limitation, are “Prohibited Uses” of the Products:

i.Any sublicensing, sub-distributing, reselling, renting, lending, re-recording, transferring, gifting or assigning of any of the Products or the rights to any of the Products for any purpose;

ii.Using the title or subtitle of any of the Products as the title of an item that incorporates such Products;

iii.Copying or reproducing any of the Products, except as specifically provided for in the terms of this Agreement;

iv.Using any of the Products, including titles or subtitles, or any other part of any of the Products, as part of a trademark, service mark, or logo;

v.Using any of the Products to compete with Tune Society. Tune Society is in the business of licensing music and sounds to its customers. It is the specific intent of this provision to prohibit you from using any of the Products to enter, either directly or indirectly, a similar or competing business;

vi.Using any of the Products in a fashion that is considered by Tune Society as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in such Products into disrepute;

vii.Removing any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in any of the Products; or

viii.Using or displaying any of the Products in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.

e. Acceptance of Terms. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products. In addition to any other terms or rules that may have been established between you and another party, Tune Society reserves the right to modify the Usage Rules at any time.

f. Changes and Discontinuation. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of Tune Society. Accordingly, in the event that Tune Society changes any part of the Service or discontinues the Service, which Tune Society may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Tune Society shall have no liability to you in such case.

g. Interactive Features. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not (a) infringe or violate the rights of any other party, (b) violate any laws, (c) contribute to or encourage infringing or otherwise unlawful conduct, or (d) otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant Tune Society a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you. Tune Society reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time, in its sole discretion without notice or liability. Tune Society has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Tune Society in its sole discretion deems appropriate.

12. Agreement to Pay.

a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that Tune Society may charge your credit card or other payment source for any Products purchased and for any additional amounts (including any taxes) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING TUNE SOCIETY WITH A VALID CREDIT CARD OR OTHER PAYMENT SOURCE DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or other payment source, you designate during the registration process. If you want to designate a different credit card or payment source, or if there is a change in your credit card or payment source, you must change your credit card or payment information with the Service. (There may be a temporary disruption of your access to the Service until Tune Society can verify validity of the new credit card or other payment information.)

b. Prices and Availability. Prices and availability of any of the Products are subject to change at any time.

c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make your transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE TUNE SOCIETY WEBSITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS AND APPLICATIONS.

13. Disclaimer. TUNE SOCIETY DOES NOT PROMISE THAT THE SERVICE OR ANY PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE AND THE PRODUCTS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TUNE SOCIETY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TUNE SOCIETY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TUNE SOCIETY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST TUNE SOCIETY FOR DISSATISFACTION WITH THE SERVICE OR ANY PRODUCT IS TO STOP USING THE SERVICE OR ANY SUCH PRODUCT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

14. Use of Site.

a. Prohibited Technology. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any of the Products, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any of the Products, to obtain or attempt to obtain any materials, documents or information through any means not purposefully made available through the Service.

b. Hacking. You may not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Tune Society server, or to any of the materials or Products offered on or through the Service, by hacking, password “mining” or any other illegitimate means.

c. Conduct. You agree not to use the Service to: (i) upload, post or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, including, without limitation, a Tune Society official, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) forge or otherwise manipulate identifiers in order to disguise the origin of any material, (iv) upload, post or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other intellectual property of other proprietary rights of any party; (vi) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (vii) upload, post or otherwise transmit any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (viii) interfere with or disrupt Tune Society or its servers or networks connected to the Service or disobey any requirements, procedures, policies or regulations of networks connected to Tune Society and the Service. Tune Society and its designees shall have the right to remove any material that violates this Agreement or is otherwise objectionable.

d. Compliance with Laws. You may not use the Service or any of the Products for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Tune Society or others.

15. Intellectual Property.

a. Ownership. You agree that the Service, including but not limited to the Products, graphics, audio clips, video clips and editorial content, contains proprietary information and material that is owned by Tune Society and/or its licensors, and is protected by applicable intellectual property and other laws, including, without limitation, copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity.

b. Removal of Products or Materials. Notwithstanding any other provision of this Agreement, Tune Society and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will Tune Society be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. Tune Society may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

c. Copyrights. All copyrights in and to the Service, including, without limitation, the Tune Society Store (including the compilation of content, postings, links to other Internet resources and descriptions of those resources) and software, are owned by Tune Society and/or its licensors, who reserve all rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR THE USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

d. Trademarks. Tune Society, the Tune Society logo and other Tune Society trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Tune Society in the United States and/or other countries. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

e. Album Cover Art. Tune Society may provide you with limited access to download certain album cover art, subject to availability. Such access is provided as an accommodation only, and Tune Society does not warrant or endorse and does not assume and will not have any liability or responsibility for such album cover art or your use thereof. You may only access album cover art (to the extent available) for music for which you are the lawful owner of a legal copy. Album cover art is provided for personal, noncommercial use only. You agree that you will not use album cover art in any manner that would infringe or violate this Agreement or the rights of any other party, and that Tune Society is not in any way responsible for any such use by you.

f. Copyright Infringement. Should you become aware of any possible copyright infringement by any of the Products on the Service, you agree to give prompt notice of the possibly infringing Products to Tune Society.

16. Termination. If you fail, or Tune Society suspects that you have failed, to comply with any of the provisions of this Agreement, including, without limitation, failure to make payment of fees due, failure to provide Tune Society with a valid payment source or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties’ rights, Tune Society, in its sole discretion and without notice may: (a) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (b) terminate the license to the software; and/or (c) preclude access to the Service (or any part thereof).

17. General Compliance with Laws. The Service is controlled and operated by Tune Society from its offices in Colorado Springs, Colorado, United States. You agree to comply with all local, state, federal and national laws, statutes, ordinances and regulations that apply to your use of the Service.

18. Enforcement of These Terms. Tune Society reserves the right to take steps Tune Society believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including, without limitation, Tune Society’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that Tune Society has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Tune Society believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including, without limitation, Tune Society’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).

19. No Responsibility for Third-Party Materials or Websites. The Service may contain links to other independent third-party Websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to you. You acknowledge and agree that Tune Society is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Tune Society does not warrant or endorse and does not assume and will not have any liability or responsibility for the Linked Sites, or for any other materials, products or services of third parties. You agree that you will not use any of the Linked Sites in a manner that would infringe or violate the rights of any other party, and that Tune Society is not in any way responsible for any such use by you.

20. Limitation of Liability. Except where prohibited by law, in no event will Tune Society be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Tune Society has been advised of the possibility of such damages. If, not withstanding the other provisions of this Agreement, Tune Society is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service or any of the Products, Tune Society’s liability shall in no event exceed the greater of (a) the total of any subscription or similar fees with respect to the Service paid in the six months prior to the date of the initial claim made against Tune Society, or (b) One Hundred U.S. Dollars ($100.00).

21. Indemnification. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD TUNE SOCIETY, ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY TUNE SOCIETY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS INDEMNIFICATION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

22. Attorneys’ Fees. If Tune Society does take any legal action against you as a result of your violation of this Agreement, Tune Society will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Tune Society. You agree that Tune Society will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of this Agreement.

23. Miscellaneous.

a. Governing Law; Mediation. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of Colorado without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in El Paso County, Colorado, and waive any objection to such jurisdiction or venue. Any claim under this Agreement must be brought within one year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Tune Society and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

b. Export Laws. You may not use or export or re-export any of the Products or any copy or adaptation of such Products in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

c. Severability. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the parties hereunder, so that this Agreement shall remain in full force and effect.

d. Entire Agreement. This Agreement constitute the entire agreement between you and Tune Society with regard to your use of the Service and any of the Products, and any and all other written or oral agreements or understandings previously existing between you and Tune Society with respect to such use are hereby superseded and cancelled.

e. No Waiver. Tune Society’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Tune Society of any provision or any right it has to enforce the terms of this Agreement, nor shall any course of conduct between Tune Society and you or any other party be deemed to modify any provision of this Agreement.

f. No Third Party Rights. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ALL THE PROVISIONS HEREIN, AND HAVE HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO THE TERMS OF THIS AGREEMENT. IN CONSIDERATION OF TUNE SOCIETY AGREEING TO PROVIDE THE SERVICE AND THE LICENSE CONTAINED HEREIN, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.