These terms and conditions (“Terms”) of use of our website www.tunemedia.club (“Website”), our application (“Application”) or any product or service related to the application/, website/product (“Service”) apply between Tune Media (“Tune Media /we/us/our”) and its users (“Users/you/your”).
Please read our Terms and Privacy Policy (“Privacy Policy”) carefully before registering, using the Application, Website or Service.
If you access the Application, Website or Service in any way, you accept the Terms and agree to be legally bound by them.
To avoid any potential conflict, if you have any issues with the Terms or Privacy Policy, please refrain from using the Application, Website or Service. Our Application and all our services and products can only be accessed through registration/subscription.
1. The software, text, images, graphics, wallpapers, videos, scripts and audio, audio lyrics, photography, comedy, quizzes/IQ, movies or any other writings/subjects/content including other information, content, materials, trademarks, service marks, trade names and trade secrets, which are included in the Application, Website and Services and Products, are the proprietary property of Tune Media ("Proprietary Information"). Reproduction, reuse, modification and distribution of the Proprietary Information is not permitted without permission from Tune Media. Furthermore, no user of this Application, Website or Services may claim any ownership in or to Tune Media's intellectual property rights. You may have control over the Content, but Tune Media always retains ownership of the information, content and all intellectual property in that medium. While using the Website, you may encounter materials that belong to others. To ensure that the Content is faithful to the original, prior consent was obtained from the Content and all rights in the Content belong to Tune Media. Furthermore, you acknowledge that all intellectual property, including trademarks, copyrights, logos and service marks, remains the property of Tune Media and you are not entitled to use the same without Tune Media’s permission.
2. Use of the Application, Website, Services or Products for Personal or Non-Commercial Purposes is Prohibited. The following rules apply to your use of this Application, Website and our Services for personal and non-commercial purposes:
- i) You may not copy, modify, translate, display, distribute or perform any information or software obtained from the Application and/or our Website and/or Services/Products or remove any copyright, trademark registration, or other proprietary notices from the content of the Application and/or our Website and/or Services/Products.
- ii) You are prohibited from using this Application, our Website and our Products and Services for commercial purposes, including but not limited to selling, advertising, or promoting the Application or any of our products or services, soliciting contributions or donations, or using public forums for commercial purposes.
The following actions are strictly prohibited when using our Services:
- Making available any fraudulent, unlawful, dangerous, abusive, tortious, defamatory, obscene, child pornographic, sexually explicit, defamatory/libelous writing/speech/comments/opinions, loud, lewd, unlawful, intrusive, hateful, racially or otherwise objectionable content;
- Threatening, stalking and/or harassing another person, as well as inciting another person to commit violence;
- Transmitting information that encourages illegal acts, that gives rise to civil liability, or that violates applicable laws, rules or guidelines;
- Doing anything that interferes with another person's use or enjoyment of the Application/Website/Service;
- Engage in the creation, copying, transmission, storage or otherwise reproduction of any intellectual property protected under copyright law, do anything that amounts to intellectual property infringement, or provide others with access to anything that infringes any intellectual property or other proprietary right of any party;
- Provide information or anything else to anyone that you do not have a right to make available to you under any law, contract or fiduciary duty, unless you have control over the rights or you have obtained the necessary consent to do so;
- Falsely impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Do not transmit, share or otherwise make available any material that contains viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files, or programs that may harm the applications/services, interests, or rights of other users, or limit the functionality of any computer software, hardware, or telecommunications;
- You may not use the Website/Application or access the Website in any way that could damage, overload, or crash the Application or Website’s servers or networks;
- Violate any law or regulation relating to the use of the Application/Website/Service/Product, break the rules of the networks connected to the Application/Website/Service/Product, or do anything that you are prohibited from doing by these Terms;
- Disrupt, interfere with, or otherwise harm the security of accounts, servers, or networks connected to or accessible from the Application/Website/Service/Product or any affiliated or related sites;
- Interfere with access to the Application/Website/Service/Product or any of our other sites or systems, or participate in a denial-of-service attack;
- The Application/Website/Service/Products may not be accessed, acquired, copied or monitored by any means not expressly available through the Application/Website/Service/Products, including but not limited to manual processes, devices, programs, algorithms, methods, or similar or equivalent devices, tools, or manual activities;
- Modify or alter any component of the Services;
- You are not permitted to use the Services in the following circumstances: (i) in conflict with these Terms; and (ii) to the extent prohibited by law, regulation, or generally accepted practice or standards in the relevant country;
3. You grant us a worldwide, non-exclusive, royalty-free license (including the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your Content submitted to us on or through the Services, as well as to link your Content to yours, unless prohibited. You grant others permission to use your material in the same way as any other material found on the Services may be used. The Services may allow other users to make copies of your material in accordance with these Terms. If you deactivate your account, you will still be able to access your material and information.
4. Every effort has been made in creating the Application/Website/Service/Product and its content to ensure that the information provided is current, accurate and clear. Inadvertent errors may occur, but Tune Media expressly disclaims any liability for the accuracy of the information contained in the Application. Users' feedback is encouraged to make the Application and its content error-free and user-friendly. Tune Media also reserves the right to make any changes or modifications to the content at any time, without prior notice. Neither Tune Media nor any third party makes any warranty as to the accuracy, timeliness or suitability of the information and materials found or provided on the Application/Website/Service/Product for any particular purpose. You acknowledge that the information and materials we provide may contain errors and we make no promises as to their accuracy.
5. For our users, our website serves as a resource center for educational content and relevant sources collected. We take no responsibility for the accuracy, completeness, or use of the information provided on an "as is" basis. We are not responsible for ensuring that the information on the site is up-to-date or accurate. We are not responsible for any errors in the information we collect, which comes from third-party sources, or which is unavailable. The site may also provide hyperlinks to other websites from time to time. The following links are provided for your information, so that you can find out more details. We do not endorse the website using these image(s). The website(s) to which we link is not our responsibility(s). Links to the site may not be created without the express written permission of Tune Media.
6. The materials and products are based on the concepts of the curriculum, which are outlined for different categories of students/interested readers/users. They are designed to complement the complex concepts of the application/service/product by providing an easy-to-understand way. Everything about the subject will remain the same except for definitions and equations. Tune Media understands that there are other ways of presenting structured curriculum teaching and the inclusion of methods in the application/service/product does not mean that Tune Media endorses any of them.
7. The content of the application/service/website/product (especially regarding services that assist in administrative tasks) sometimes expresses opinions. Tune Media shall not be responsible for such opinions. Tune Media also makes no guarantees regarding the quality, content or completeness of the information and data.
8. The Services include interactive content and we encourage users to submit content for publication. Content must be edited prior to publication. Tune Media assumes no responsibility or liability for any content submitted through this method. Tune Media reserves the right to remove, review, edit or delete any content in its sole discretion. Whether or not we approve any response submitted by a user, we will not be responsible for any user-generated content posted on the Site. We will not be responsible for ensuring that content provided by a user does not infringe anyone's copyright.
9. Tune Media (and its subsidiaries/affiliates) may contact users via SMS, email and phone calls to inform them about their services and products and to request permission to display their offerings. The User authorizes Tune Media (and its affiliates/affiliates) to contact him/her via telephone, SMS, e-mail and agrees to hold Tune Media harmless from any liability, including monetary penalties, compensation and costs, if the User’s mobile number is registered in the Do Not Call (DNC) database. After registration, you will be contacted by various means for marketing and educational information, including phone, SMS and email.
10. With the User’s consent, Tune Media may assist in displaying its products at the requested location, but the User understands that they have not been misled by anyone about the quality or other characteristics of the products and that they have relied solely on their own investigation, inspection and evaluation.
11. Tune Media may contact you via your registered mobile number, e-mail or any other contact information you provide to help us provide our services better. The User agrees to receive communications and messages from Tune Media and the student/reader/user through the Services and may receive messages through the methods specified in the paragraph above. Tune Media may monitor user//reader/student downloads and use of applications/services/products and content in order to improve and optimize the use of the Service.
12. While Tune Media has attempted to train its sales and service personnel to ensure quality control, it makes no warranty or guarantee as to the ability of its personnel to do so and is not responsible for any wrongdoing committed by any of its employees. Tune Media invites user feedback on this matter and reserves the right to act as it deems appropriate.
13. Elements of the Service such as counseling, case management, etc. may be subject to their own terms and conditions and fair use policies. Tune Media has the authority to determine the requirements for various aspects of the Service based on its regulations. For this reason, signing up for a subscription or service on the App does not mean that the user is entitled to all of Tune Media’s offered services. Who will have access to specific services is up to Tune Media. Our services may be extended, canceled, discontinued or changed without notice.
14. Devices/tablets/appliances/hardware with specific specifications are compatible with Tune Media’s products and/or services, including applications and content. Tune Media is not obligated to provide functional products and services for any equipment that they do not accept or that is purchased from a third party and that does not work with Tune Media’s products. Tune Media is free to upgrade the type of table/device if necessary.
15. Tune Media will not be liable for any loss or damage resulting from the use of our products and services, including data loss or impact on processing speed.
16. At the time of purchase, you must specify the address where the shipment will be delivered. All products must be delivered to the address provided at the time of ordering and changing the delivery address after the purchase is completed is prohibited. You must notify us of any changes to your mailing address before your expected shipping date. If there is an error in your name or address, your purchased product may not be delivered.
17. Shipping charges related to the return of products damaged during delivery will be paid by Tune Media. For any reason other than the reasons listed above, the user is responsible for arranging the return of the canceled product(s) and is responsible for the shipping charges. (b) Please do not accept any delivery that appears to be mutilated, opened or damaged. Tune Media products must be returned in their original condition. No refunds will be accepted for items that appear to be damaged or lost in any way. All requests for return of products must be made within 15 days of delivery. Please note that no refunds will be accepted after 15 days of delivery.
18. In order to use the Application and Services, you will be required to register and maintain an account. You will be asked to provide your name, mobile number, email address, residential address, as well as other information that the Application deems necessary. Please note that you are solely responsible for ensuring that the account information you provide is accurate, complete and up-to-date. You will be responsible for keeping the account information, as well as all activities that occur under your account, secure. To avoid account access issues, you must check out at the end of each session and notify Tune Media of any unauthorized access. If we believe that your account security has been breached or misused, we may ask you to change your password or suspend your account, and you may do so without any liability to Tune Media. Tune Media shall not be liable to you for any losses you may incur as a result of your failure to comply with this clause. You acknowledge that your ability to use your account depends on the reliability of your Internet Service Provider and external variables such as your Internet network, and therefore Tune Media cannot guarantee that you will always be able to access the Application. Tune Media shall not be liable to you for any losses at any time resulting from your failure to log in to your account and access the services provided by the Application, except as disclaimers set forth in the Terms.
19. Persons under the age of 18, not in debt settlement, or the like are not eligible to register for our products or services. For those under the age of 18, the use of our products and services is subject to your legal guardian or parent agreeing to our terms of agreement. If a minor uses the application/website/service, it is assumed that he/she has obtained the consent of his/her legal guardian or parent and the legal guardian or parent has given him/her permission to use the application/website/service. Tune Media is not responsible for any problems arising from the misuse of our products or services, including use by a minor. You agree that you and your students/children are using accurate and complete information when using the application and that the parents/legal guardians have given their consent for the students to use the software (in the case of minors). If it is found that you are under 18 (eighteen) years of age and your parents/legal guardians have not given their consent for the use of the product or service, Tune Media reserves the right to cancel your membership and/or deny you access to the product or service. You understand that we are not responsible for ensuring that you meet the above requirements. You must personally guarantee that you meet the required qualifications. All persons under the age of 18 (eighteen) must obtain permission from their parents or legal guardians before submitting personal or family information to the application.
20. You agree to defend, indemnify and hold harmless Tune Media, its officers, directors, employees and agents from and against any and all claims, costs, debts and liabilities (including legal fees) arising out of: (i) your use of and access to the Application/Website/Services; (ii) your violation of any of these Terms or any other policy of Tune Media; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy rights; or (iv) any claim that a third party has suffered damages as a result of your use of the Application/Website/Services. The obligation to defend and indemnify the injured party shall survive the termination of the Agreement.
21. In no event shall Tune Media, its officers, directors, employees, partners or agents be liable to you or any third party for any special, incidental, indirect, consequential, or punitive damages in connection with your use of the Application.
22. If you breach these Terms, Tune Media will suffer loss of goodwill and will not be able to recover damages. In the event of a breach, Tune Media will be able to obtain a court order to prevent it. Tune Media may seek additional remedies regardless of whether this relief is obtained.
23. In addition to any legal action by Tune Media, if you violate any part of this section, you will be immediately terminated or dismissed. If such a requirement arises, Tune Media may be required to disclose your account information. You understand that violating the terms of this Agreement may also subject you to legal action under local law.
24. The legal issues of this Agreement shall be governed by the laws of Bangladesh, without regard to conflict of laws. In addition, these Terms shall be resolved in the jurisdiction of the relevant courts in Dhaka and you agree to submit to their jurisdiction.
25. Tune Media may adjust, discontinue or eliminate any part of the Application or Services at any time, without prior notice. Tune Media also reserves the right to change these Terms from time to time and without notice. There is no promise made by the Business that they will operate or maintain any feature of the Application. Tune Media is not obligated to compensate you or any third party for any modification, interruption or termination of the Application/Services. Prices are subject to change at any time.
26. Disclaimer: This website, application and services are provided on an “as is” basis with all faults and without warranty of any kind. Tune Media hereby disclaims all warranties and conditions with respect to the website, application/products and services, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, accuracy, timeliness. performance, completeness, suitability and non-infringement. Additionally, Tune Media shall not be liable for any damages whatsoever arising out of or in connection with the use or performance of this site, application or services. Your use of any information or materials on this website/application/services/products is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that the services provided by us meet your specific requirements.
27. General Provisions:
- To ensure that any legal notices are sent properly, please note that Tune Media will notify you using your email address and/or application form. Tune Media should be notified at support@tunemedia.club.
- The entire Agreement Terms, Privacy Policy and any other rules deemed relevant to the Application shall apply to you and your use of the Application, Website and Services.
- The Terms may not be transferred or assigned to any other party. Tune Media may freely assign its rights under the Terms to any other party without your consent.
- If any provision of the Terms is held to be unenforceable, the remaining Terms shall continue in full force and effect.
- Tune Media shall not waive any of its rights under the Terms by failing to exercise or enforce them.
- You agree that by being a part of the Services you are not an employee, agency, partnership or franchisee of Tune Media.
- Tune Media provides these Terms to ensure that you are aware of the terms and conditions applicable to your use of the Website/Application and Services.
- You have agreed to these Terms after Tune Media has given you sufficient time to evaluate them.
28. Feedback
Your information provided in connection with the Application will be treated as confidential. Applicants may use any information. In addition, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain confidential or proprietary information of you or any third party; (ii) Tune Media is not obligated or obligated to maintain the confidentiality of the Feedback; (iii) the Application may be similar to the Feedback already under consideration or development;
Tune Media is not responsible for anything posted by other users, including inappropriate or harmful content. It is important to exercise caution when viewing the Application.