information or material on the internet using TunePartner. the Services are provided on an "as is" and "as available" basis.
9.1 The provisions of this Agreement are solely for the benefit of the parties hereto and not for the benefit of any third parties, except that TunePartner shall have the right to assign this Agreement and/or any of the rights herein and this Agreement shall be binding upon and inure to the benefit of the TunePartner’s assignee(s) hereto and their respective successors, assigns and legal representatives.
This is a legal agreement (“the Agreement”) between you and TunePartner B.V., registered at the Dutch Chamber of Commerce with number 84629037 ("the Company"). The Company reserves the right at any time to modify, discontinue or terminate the Site and Services, or to change the above-mentioned legal terms without notice. It is your responsibility to check these legal terms periodically for changes. You can find the last version of these Distribution Terms on the Site (www.tunepartner.com). By continuing to use or access the Site and/or Services after the Company makes and publishes any such change, you agree to be legally bound by the revised legal terms.
In case we change these Distribution Terms and the change will impact the business relationship we have with you, we will notify you through e-mail. After sending the e-mail, you will have 14 days to terminate the Agreement we have with you. After the 14 days without a notice of termination, you have accepted the changes.
You understand that by using the Services offered by the company through the Site or with respect to your TunePartner account, you agree to be bound by the above-mentioned legal terms. if you do not accept the Distribution Terms in their entirety, you may not access or use the services offered by company.
The rights granted hereunder include the sale of Recordings (as defined in Section 3 below) by, without limitation, permanent digital downloads, temporary digital downloads, interactive streaming, non-interactive streaming, cloud services and so-called "disc-on-demand" services. You and the Company agree that consumer Internet retailers ("Consumer Stores") (e.g., Apple Music, Amazon, Spotify, Rhapsody, including stores where we or our partners have a direct or indirect agreement with) need a license to exploit your Recordings that must be approved by you.
to sell, copy, reproduce, communicate to the public, distribute and otherwise exploit the Recordings by any means and media (now known or existing in the future) ("Sales") through all selected Consumer Stores by you now operational or available in the future;
Streaming Manipulation (collectively, "Improper Conduct"), the Company reserves the right to discontinue the booking of revenues, including any Net Income or other payments (ii) block your ability to otherwise withdraw funds therefrom until the suspicious activities are resolved to the Company's satisfaction, and (iii) remove some or all of your Recordings from any or all Consumer Stores. You further agree that such earnings will lapse if the Company, in its sole discretion, determines that your account or Recordings have been subject to, engaged in, or generated earnings from Improper Conduct.
The term "Recordings" is defined as the sound recordings and audiovisual recordings that you submit to the Company at any time. The Company reserves the right, in its sole discretion, to reject any material (including, but not limited to, Recordings, images and/or artwork) that you submit. You agree to submit all Recordings, images and artwork at your own expense, in the format or formats required by the Company or the Consumer Stores. Technical descriptions of such formats will be provided to you upon request, it being understood that the Company reserves the right to convert audio files of the Recordings as necessary to meet the format and/or file size requirements of all Consumer Stores. In addition, the Company will have the right to correct errors in the metadata to meet the requirements of the Consumer Store. You further agree that the Company and/or its suppliers have the right to supplement existing artwork necessary to complete packaging for discs-on-demand. Reasonable efforts will be made to give you the right to give your approval with respect to such artwork, but in the event that you object to any such artwork, your sole remedy is to (a) provide suitable substitute artwork or (b) request future discontinuance of the delivery of your materials in this manner. In no event shall the Company be liable to you with respect to the quality, adequacy or any other aspect of the creation and delivery of such discs-on-demand.
There are no declarations or warranties by the Company, expressive or implied, legal or other, other than as expressly set forth in these Distribution Terms.
7.1 These Distribution Terms apply at all times while you have an account. In case of a violation of these Distribution Terms, Company can terminate the Agreement we have with you immediately without being liable and we reserve the right to claim any damages.
8.1 You acknowledge and agree that in the course of negotiating and conducting business with the Company, you may become aware of certain information that is otherwise confidential and related to the Company and the Company's business practices. Except to the extent such information is otherwise generally available to third parties or required to be disclosed by law, you agree to keep such information confidential. You hereby expressly agree that the Company shall have the right to disclose to third parties information relating to the sale of your Recordings hereunder, to aggregate such information into charts and other comparative information materials, and to distribute the same in any manner.
11.1 The Company will provide you with free barcodes and universal product codes ("UPCs"). These are for your use only and may not be transferred or resold. In the event of transfer or resale, please contact our support team to discuss the possibilities.
12.1 You agree that Company has the right to grant permission to create, use and exploit User Generated Content embodying your recordings, artwork and other material provided by you in connection with the recordings, as permitted and enabled by the features of the applicable Consumer Stores where you choose to distribute your recordings. As used herein, "User Generated Content" means derivative works containing your Recordings, artwork (including single and album artwork) and other materials provided by you in connection with the Recordings, which are created by third parties (such as users of the Consumer Stores) and distributed and exploited through the Consumer Stores. User Generated Content includes, but is not limited to: (i) videos and visual images synchronized in time with music recordings; (ii) audio or audiovisual "remixes" that combine two or more recordings that may be edited, mixed, remixed, edited or "mashed up" together; (iii) visual or audiovisual materials that manipulate still or visual images through editing and filters and (iv) other adaptations, alterations and manipulations of the Recordings, artwork and other materials provided by you, by third parties. Notwithstanding the foregoing, you hereby expressly waive all rights of "droit moral" that might be granted to you under the laws of any country whether as author, composer, performing artist, producer or in any other capacity in connection with the Recordings hereunder.
13.1 You hereby irrevocably authorize and appoint the Company, its licensors, assigns, agents and attorneys to bring, in your name and/or in the name of the Company, such claims, demands, actions or proceedings (each a "Claim") as the Company deems reasonably necessary and proper for the protection and enforcement of the rights granted to the Company hereunder. Each Claim shall be made and enforced by the Company in good faith and at the Company's expense, provided that the recovery of any Claim shall first be used to reimburse the Company for all expenses incurred in obtaining it and that the remaining amount shall be distributed in accordance with the terms, provisions and methodologies generally applied by the Company to all royalty participants in the relevant settlement or recovery.
In our company, we may process personal data as part of our commercial practices.
These personal data are collected either through publicly available information on social media, such as a Username or page URL, or through asking the person concerned to share certain details in order to facilitate the purchase, or sale, of services or products.
We take the privacy and security of the personal data of our clients, suppliers, and partners very seriously. To that end, we have established this privacy statement to provide information about how our company uses data, and the steps we take to ensure its privacy and security.
In following the regulations of the GDPR, our business is conducted while keeping the following principles in mind:
Data minimization: we only collect the minimum amount of data necessary in order to conduct our business, and do regular reviews to ensure that this standard is kept up in practice.
Consumer privacy: we firmly believe that you have the right to privacy, and as such only collect data to conduct business with you. If you wish us to delete your personal information, you can do so at any time, with the exception of documents we have legal obligations to maintain. We never sell your personal data to third parties, and only share it as necessary to conduct business; any other sharing of data will be preceded by your permission.
Security: we have taken all reasonable measures to protect your personal information, including both hardware and software systems for digital protection, as well as policies designed to protect your data from human error.
When we refer to personal data, we mean the following, as per the GDPR guidelines:
1. Personal data means any information relating to an identified or identifiable natural person (‘data subject’).
2. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
What personal data do we collect?
1. We may collect the following categories of information from you from online and offline sources:
2. We may request the following categories of personal data from you:
1. Pursuant to Article 13 paragraph 2 sub b of the GDPR each data subject has the right to information on and access to, rectification, erasure, and restriction of processing of their personal data, as well as the right to object to the processing and the right to data portability.
2. You can exercise these rights by contacting us at email@example.com
3. Each request must be accompanied by a copy of a valid ID, on which you put your signature and state the address where we can contact you.
4. Within one month of the submitted request, you will receive an answer from us
5. Depending on the complexity and number of requests this period may be extended to two months. If this is the case you will be notified by the end of the first month of the need to extend the term.
We may store, process, and share your data in order to conduct the following operations:
· Negotiating, drawing up, and executing contracts
· Providing services
· Processing payments
· Communicating with you
· Complying with legal obligations
We never sell, give, or trade your data to third parties without your explicit consent. The only time we will ask for consent to share your personal data to a third party is if we believe this will be to our mutual benefit.
We may share data with third parties in order to conduct the operations listed above. We have Data Processing Agreements with all parties with whom we share data in order to conduct our business with you, in order to ensure that your data is treated with the appropriate protections.
Our company has contracted with IT specialists in order to protect and secure our systems. This ensures that both your and our data is well protected. Using a suite of anti-malware hardware and software, as well as stringent policies in our organisation regarding password strength and sharing sensitive information, we do our best to ensure that your data remains secure from both external threats and internal mistakes.
In the event of a security breach, we will follow the appropriate legal requirements, including maintaining a register of data leaks, reporting to the appropriate authorities, and informing (potential) victims.
The party responsible for processing personal data (hereinafter: “the controller”): TunePartner B.V., established at Paardeweide 16C, 4824 EH Breda, The Netherlands, Chamber of Commerce number: 84629037
TunePartner B.V. is subject to the EU General Data Protection Regulations (GDPR) (Dutch: Algemene verordening gegevensbescherming (AVG)).
The legal basis on which most of our data processing is justified is the execution of contracts with suppliers, clients, and partners. For specific kinds of processing, we may ask for consent from the person concerned.
For the processing of publicly available social media accounts and usernames, we rely on the basis of having a legitimate interest in using this information to contact potential clients, suppliers, and partners.
We retain data for as long as is reasonable and necessary in order to conduct business. We also comply with record-keeping requirements. For data that is not dictated by legal requirements, we keep information you provide to us for up to one year after our last contact moment, unless otherwise agreed upon or directed. Contact information (such as social media profiles or email addresses) that we find publicly on the internet will be saved for up to three years after the last contact moment.. We do this in order to reduce the number of times your data may be (re)discovered and contact sought.
These conditions are governed by Dutch law. The court in the district where the controller has its place of business has sole jurisdiction if any dispute regarding these conditions may arise, save when a legal exception applies.
For requests, questions, or more information, please contact us at firstname.lastname@example.org
We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Cookies Policy:
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
If You do not accept Our Cookies, You may experience some inconvenience in your use of the Website and some features may not function properly.
For any other web browser, please visit your web browser's official web pages.