TuneBull Terms of Service

These Terms of Service (“Terms”) govern your access to and use of TuneBull, including tunebull.com and the websites, applications, features, tools, music services, social features, music review tools, and other services made available through TuneBull (collectively, the “Service”).

The Service is operated by StayOnBeat, LLC(“StayOnBeat,” “TuneBull,” “we,” “us,” or “our”).

By creating an account, accessing the Service, uploading content, submitting music, hosting a review session, purchasing a paid feature, or otherwise using TuneBull, you agree to these Terms.

If you do not agree to these Terms, do not use the Service.

1. Eligibility and Accounts

You must be at least 18 years old to create an account or use the Service.

You agree to provide accurate information when creating your account and to keep your information reasonably current.

You are responsible for maintaining the confidentiality and security of your login credentials and for activity occurring through your account.

You may not impersonate another person, artist, company, label, producer, organization, or other entity.

You may not sell, transfer, or provide access to your TuneBull account to another person without TuneBull's permission.

You must notify TuneBull promptly if you believe your account has been compromised or used without authorization.

2. Description of TuneBull

TuneBull is a platform designed for artists, producers, creators, music professionals, fans, and other users.

Features may include:

• User profiles;
• Music uploads;
• Music players;
• Social feeds;
• Posts, comments, likes, shares, and other social interactions;
• Artist playlists;
• Music discovery;
• Play and stream counts;
• Trending and Top Streamed rankings;
• Search and recommendation features;
• Music review sessions;
• Music submission queues;
• Host tools;
• Free and paid submission options;
• Artist and creator tools;
• Messaging or communication features;
• Marketplace or promotional features; and
• Other features TuneBull may introduce, modify, or discontinue.

TuneBull does not guarantee that any particular feature will remain available permanently.

3. User Content

“User Content” means music, sound recordings, compositions, beats, lyrics, audio, photographs, artwork, videos, text, comments, profile information, links, names, logos, and other content uploaded, posted, submitted, transmitted, or otherwise made available by a user through the Service.

As between you and TuneBull, you retain ownership of your User Content, subject to rights belonging to other persons or entities.

Uploading content to TuneBull does not transfer ownership of that content to TuneBull.

You are solely responsible for User Content you upload, submit, post, or otherwise make available through the Service.

4. Music Uploads and Rights

4.1 Your Representations

By uploading, posting, submitting, transmitting, or otherwise making music or other User Content available through TuneBull, you represent and warrant that:

• You own the User Content or possess all licenses, permissions, consents, authorizations, and other rights necessary to upload, submit, and make the User Content available through TuneBull;
• You have the legal authority to grant TuneBull all rights and licenses described in these Terms;
• TuneBull's authorized operation of the Service using your User Content will not infringe or violate any copyright, trademark, right of publicity, privacy right, contractual right, or other right belonging to another person or entity;
• For music, you own, control, or have obtained all rights, licenses, permissions, consents, and authorizations necessary concerning both:
  1. the applicable sound recording or master recording; and
  2. the underlying musical composition, including applicable lyrics and musical works,
  to authorize the uses contemplated by the Service and these Terms;
• You have obtained any authorization required concerning beats, instrumentals, samples, loops, featured performers, producers, songwriters, co-writers, session musicians, publishers, publishing administrators, record labels, distributors, photographs, artwork, videos, and other third-party material incorporated into or associated with your User Content;
• If any musical composition embodied in your User Content is owned, co-owned, controlled, or administered in whole or in part by another person or entity, including a songwriter, co-writer, publisher, publishing administrator, or other rights holder, you possess sufficient authority, permission, or licensing to grant TuneBull the rights you purport to grant under these Terms;
• If you are affiliated with or subject to an agreement with a performing rights organization, collective management organization, publisher, publishing administrator, record label, distributor, producer, beat licensor, rights administrator, or other third party, your grant of rights to TuneBull does not violate or conflict with that agreement, and you have obtained any authorization required to grant TuneBull the applicable rights;
• If your User Content incorporates a beat, instrumental, sample, loop, recording, composition, or other material that you did not create or exclusively own, you possess a valid license or other authorization sufficient for TuneBull's uses of that material under these Terms; and
• Your User Content and your use of the Service do not violate applicable law or these Terms.

Possessing, purchasing, downloading, receiving, or otherwise having access to a song, beat, recording, composition, or other material does not necessarily give you the right to upload or license that material through TuneBull.

You may not upload commercially released music or other material belonging to another artist, label, publisher, songwriter, producer, copyright owner, or other rights holder unless you possess the necessary authorization.

4.2 Co-Owned and Third-Party Rights

You understand that ownership of a sound recording and ownership of the underlying musical composition are separate rights.

Owning or controlling a master recording does not necessarily mean that you own or control the underlying musical composition, and being a songwriter or performer does not necessarily mean that you own or control all rights in a sound recording.

If other persons or entities own or control rights in your User Content, you are responsible for obtaining all permissions necessary for you to grant the applicable rights to TuneBull.

Nothing in these Terms gives you authority to license rights belonging to another person or entity that you do not own, control, or have authority to license.

4.3 Music Rights Certification

TuneBull may require you to complete a Music Rights Certification when uploading or submitting music.

By completing such certification, you confirm that the information you provide concerning your ownership, control, licensing, permissions, and authorization is accurate and complete to the best of your knowledge.

TuneBull may maintain records of your certification, including the applicable account, User Content, date and time of acceptance, version of these Terms or applicable Music Upload License, and other reasonably relevant records.

A Music Rights Certification reflects representations made by the uploader. Unless TuneBull expressly states otherwise, it does not mean that TuneBull has independently verified copyright ownership or other rights.

4.4 Proof of Rights

TuneBull may, but is not obligated to, request reasonable documentation demonstrating ownership, licensing, authorization, consent, or permission relating to User Content.

Such documentation may include, where applicable:

• Beat licenses;
• Producer agreements;
• Sample clearances;
• Songwriter agreements;
• Split sheets;
• Publisher authorizations;
• Distribution agreements;
• Master licenses; or
• Other evidence reasonably related to the rights necessary for use of the User Content through TuneBull.

If you fail to provide reasonably requested documentation, or if TuneBull reasonably believes that you lack sufficient rights or authority, TuneBull may restrict, disable, remove, or prevent publication of the applicable User Content and may restrict or suspend associated account functionality.

TuneBull's decision to request or not request documentation does not constitute a determination regarding ownership or validity of any copyright or other right.

5. License You Grant to TuneBull

5.1 General User Content License

By uploading, posting, submitting, transmitting, or otherwise making User Content available through the Service, you grant StayOnBeat, LLC and TuneBull a non-exclusive, worldwide, royalty-free license, to the extent you own, control, or are authorized to license the applicable rights, to host, store, reproduce, transmit, stream, publicly perform, display, communicate, distribute, make available, format, and otherwise use your User Content as reasonably necessary to operate, provide, maintain, secure, improve, develop, and promote TuneBull and its features.

This license includes use of User Content through:

• User profiles;
• Music players;
• Social feeds;
• Posts;
• Playlists;
• Search results;
• Discovery pages;
• Trending sections;
• Top Streamed rankings;
• Genre rankings;
• Recommendations;
• Charts;
• Music review features;
• Sharing functionality;
• Promotional features; and
• Other TuneBull features through which users discover, access, hear, view, share, or interact with User Content.

5.2 Sound Recording License

To the extent you own, control, or are legally authorized to license the applicable rights in a sound recording embodied in your User Content, you grant TuneBull a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, stream, publicly perform by means of digital audio transmission, communicate, display, distribute, make available, and otherwise use the sound recording as reasonably necessary to operate, provide, maintain, improve, promote, and make available the Service.

This authorization includes allowing users to select and play the applicable recording through TuneBull features where such functionality is provided.

5.3 Musical Composition License

To the extent you own, control, or are legally authorized to license rights in a musical composition embodied in your User Content, you grant TuneBull a non-exclusive, worldwide, royalty-free direct license to reproduce, distribute, transmit, stream, publicly perform, communicate, display, make available, and otherwise use the applicable musical composition as reasonably necessary in connection with operation of the Service and TuneBull's authorized use of the corresponding User Content.

This license applies only to rights and ownership interests that you own, control, or are legally authorized to license.

Nothing in these Terms purports to grant TuneBull rights belonging to another copyright owner, songwriter, publisher, administrator, or other rights holder that you do not have authority to license.

5.4 Direct Voluntary Mechanical Authorization

To the extent you own, control, or are legally authorized to license the applicable reproduction and distribution rights in a musical composition, the license granted to TuneBull includes a direct, voluntary, royalty-free authorization to reproduce and distribute that musical composition through interactive streams and other digital phonorecord deliveries made through the Service to the extent such rights may lawfully be granted directly by you.

This authorization includes, to the extent applicable and lawfully licensable by you, rights that may otherwise fall within the scope of Section 115 of the United States Copyright Act.

This authorization applies solely to the musical works, ownership interests, or shares that you own, control, administer, or are otherwise legally authorized to license.

Nothing in this Section constitutes a representation by TuneBull that a particular use is or is not subject to Section 115, The Mechanical Licensing Collective, a statutory license, a collective licensing arrangement, or another legal licensing requirement.

TuneBull reserves the right to obtain, maintain, report under, or operate pursuant to statutory, blanket, collective, direct, voluntary, or other licenses when TuneBull determines that such licensing is necessary or appropriate.

5.5 Public Performance and Rights-Management Organizations

To the extent you own, control, or are legally authorized to license applicable public-performance rights, the license granted under these Terms includes authorization for TuneBull to publicly perform and communicate your User Content through the Service.

If rights in your User Content are administered by a performing rights organization, collective management organization, publisher, publishing administrator, or other rights-management entity, you represent and warrant that you have the authority necessary to grant the rights described in these Terms or have obtained any required permission.

Nothing in these Terms requires or permits you to waive or license rights belonging exclusively to another person or entity that you do not own, control, or have authority to license.

TuneBull may separately obtain licenses from performing rights organizations, collective management organizations, publishers, administrators, or other rights holders where TuneBull determines that such licensing is required or appropriate.

5.6 Promotional Uses

TuneBull may use reasonable excerpts of User Content together with song titles, artist names, usernames, profile images, cover artwork, and associated information to identify, display, recommend, categorize, rank, share, advertise, market, or promote the User Content, applicable artist or user, TuneBull features, or the TuneBull Service.

Such promotional use remains subject to the licenses and limitations described in these Terms.

5.7 Ownership

The licenses granted under these Terms do not transfer ownership of your User Content to TuneBull.

As between you and TuneBull, you retain ownership of the rights you own in your User Content.

5.8 Duration

The licenses granted under this Section generally continue while your User Content is available through the Service.

Following removal or deletion of User Content, TuneBull may retain and use copies for a reasonable period where technically or legally necessary for backups, legal compliance, copyright and rights-management records, fraud prevention, security, dispute resolution, enforcement of these Terms, or other legitimate purposes.

Removal of User Content does not retroactively invalidate authorized uses of the User Content that occurred while the applicable license was in effect.

6. Music Playback, Streams, Plays, and Analytics

TuneBull may allow users to select and play music uploaded or submitted through the Service.

TuneBull may measure and display activity associated with User Content, including:

• Plays;
• Streams;
• Views;
• Likes;
• Comments;
• Shares;
• Saves;
• Profile visits;
• Engagement;
• Rankings; and
• Other analytics.

A “play,” “stream,” “view,” or similar term displayed by TuneBull represents a TuneBull platform metric as determined by TuneBull's systems and measurement rules.

A TuneBull platform metric does not necessarily have the same definition as a stream, play, performance, reproduction, digital phonorecord delivery, or royalty-bearing use measured or recognized by Spotify, Apple Music, YouTube, The Mechanical Licensing Collective, a performing rights organization, distributor, record label, publisher, collective management organization, statutory licensing system, or another third party.

TuneBull may determine when activity qualifies as a legitimate play or stream and may exclude activity that TuneBull reasonably believes is invalid, fraudulent, manipulated, artificial, automated, duplicated, or otherwise inconsistent with TuneBull's measurement rules.

Nothing in TuneBull's display of a stream, play, view, or other metric constitutes a determination of copyright ownership, licensing status, royalty entitlement, or royalty amount.

7. Top Streamed, Trending, Charts, and Discovery

TuneBull may organize or display User Content according to popularity, streams, plays, engagement, genre, date, user preferences, algorithms, editorial considerations, or other factors.

Features may include:

• Top Streamed;
• Trending;
• Most Played;
• Rising Artists;
• Genre charts;
• Popular Songs;
• Recommendations; and
• Similar discovery features.

TuneBull may change the methodology used to calculate these rankings at any time.

Placement in a TuneBull chart, playlist, ranking, recommendation, or discovery feature does not guarantee exposure, followers, revenue, career opportunities, record deals, placements, or any other result.

TuneBull may remove fraudulent or suspicious activity from stream counts and rankings.

TuneBull may remove content from rankings when it reasonably believes the rankings have been manipulated.

8. Stream Manipulation and Artificial Activity

Users may not artificially increase or manipulate streams, plays, views, likes, comments, follows, shares, votes, rankings, or other TuneBull metrics.

Prohibited activity includes using or arranging for:

• Bots;
• Automated playback;
• Scripts;
• Click farms;
• Stream farms;
• Artificial accounts;
• Coordinated fraudulent activity;
• Repetitive automated refreshing;
• Purchased fake engagement; or
• Any other system designed primarily to manipulate TuneBull metrics.

TuneBull may disregard or remove suspicious activity, adjust metrics, remove content from rankings, restrict features, suspend accounts, or terminate accounts involved in manipulation.

9. No Automatic Royalty, Revenue, or Payment Entitlement

Unless TuneBull expressly provides otherwise through a separate written agreement, specific monetization program, or other arrangement expressly offered by TuneBull, uploading music to TuneBull or receiving plays, streams, views, rankings, votes, engagement, or other activity does not by itself create a contractual obligation for TuneBull to pay the uploader.

A TuneBull stream, play, view, vote, ranking, or other platform metric should not be interpreted as a royalty statement, accounting statement, or representation that a particular use generates a payment to the uploader.

9.1 Meaning of Royalty-Free

Where these Terms describe a license granted to TuneBull as “royalty-free,” that means that, as between you and TuneBull, TuneBull has no contractual obligation to pay you for TuneBull's exercise of rights that you validly grant to TuneBull under these Terms, except where TuneBull expressly agrees otherwise through a separate written agreement or specific monetization program.

The royalty-free nature of a license applies only to rights you own, control, administer, or are legally authorized to license.

Nothing in these Terms purports to waive, eliminate, transfer, or adversely affect rights or royalty interests belonging to another copyright owner, songwriter, publisher, performer, producer, administrator, or other rights holder that you do not own, control, or have authority to license.

9.2 Third-Party Rights and Royalty Relationships

Users remain responsible for their relationships and obligations involving distributors, record labels, publishers, publishing administrators, performing rights organizations, collective management organizations, producers, songwriters, royalty administrators, beat licensors, sample owners, and other rights-management entities.

You are responsible for determining whether your agreements with such parties permit you to grant the licenses described in these Terms.

TuneBull may independently obtain or maintain statutory, blanket, collective, voluntary, direct, or other licenses and may comply with reporting, payment, or other obligations applicable to TuneBull without creating a payment obligation from TuneBull to an uploader except as required by applicable law or expressly agreed by TuneBull.

10. Social Features and User Conduct

TuneBull may allow users to create posts, comment, follow other users, share content, send communications, and participate in community features.

You may not use TuneBull to:

• Threaten or harass others;
• Engage in unlawful conduct;
• Impersonate another person or organization;
• Defraud another user;
• Upload malicious software;
• Attempt unauthorized access to TuneBull systems;
• Manipulate platform metrics;
• Spam users;
• Violate another person's intellectual property rights;
• Violate another person's privacy or publicity rights;
• Exploit or endanger minors;
• Publish unlawful content;
• Circumvent TuneBull security systems; or
• Use TuneBull in a manner that materially interferes with other users or operation of the Service.

TuneBull may remove content or restrict accounts that violate these Terms.

11. Music Review Sessions

TuneBull provides tools that may allow users (“Hosts”) to conduct live or recorded music review sessions and other users (“Submitters”) to submit music for consideration.

Review sessions may include free submissions and paid features such as Guaranteed, Instant, Custom, Skip Play, or other submission tiers.

11.1 Hosts

Hosts are independent users.

Hosts are not employees, agents, partners, joint venturers, or representatives of StayOnBeat, LLC or TuneBull solely by virtue of using TuneBull.

Hosts are responsible for:

• Their review sessions;
• Statements and opinions they express;
• Music they choose to play;
• Compliance with third-party platform requirements;
• Properly describing their paid offerings;
• Fulfilling obligations they undertake to Submitters;
• Handling refunds where applicable;
• Their tax obligations; and
• Obtaining any rights or permissions independently required for activities occurring outside the authorization granted through TuneBull.

TuneBull does not control the opinions expressed by independent Hosts.

11.2 Submitters

By submitting music or other material to a Host, you represent that you possess the rights and permissions necessary to make that submission.

You understand that submitted music may be played, discussed, critiqued, streamed, or otherwise used as reasonably necessary for the applicable review session.

To the extent you own, control, or are legally authorized to license the applicable rights, you grant TuneBull and the applicable Host a non-exclusive, worldwide, royalty-free license to use the submitted material as reasonably necessary to conduct, display, stream, distribute, promote, and operate the applicable review session, subject to these Terms.

You acknowledge that music reviews involve opinions and may include negative or critical feedback.

12. Paid Music Submissions and Stripe

Certain TuneBull features may allow Submitters to purchase priority or paid submission options from Hosts.

Payment processing may be provided through Stripe or another third-party payment provider.

Use of those services may also be subject to the payment provider's terms.

TuneBull may use Stripe Connect or similar systems to facilitate payments between users.

Hosts may establish pricing for eligible Host services, subject to TuneBull's rules.

TuneBull may charge platform fees, transaction fees, service fees, or other fees that are disclosed before or in connection with the applicable transaction.

Hosts are responsible for taxes associated with income they receive, except where TuneBull or a payment provider is legally required to collect, report, withhold, or remit taxes.

TuneBull may delay, restrict, reverse, or otherwise take action concerning transactions when reasonably necessary to address fraud, disputes, chargebacks, legal requirements, payment-provider requirements, or violations of these Terms.

13. Refunds and User-to-User Transactions

Where a payment represents a transaction between a Submitter and an independent Host, the Host is generally responsible for fulfilling the purchased service and handling applicable refund requests, subject to applicable law, payment-provider rules, and any specific TuneBull policies governing the transaction.

Nothing in these Terms eliminates rights that cannot lawfully be waived.

TuneBull may intervene in transactions, issue refunds, restrict payouts, or take other actions when TuneBull determines that doing so is reasonably necessary to enforce platform policies, prevent fraud, comply with law, or comply with payment-provider requirements.

14. Copyright and DMCA

TuneBull respects the intellectual property rights of others.

Users may not upload, post, transmit, stream, distribute, or otherwise make available material that infringes another person's copyright or other intellectual-property rights.

TuneBull maintains procedures for responding to notifications of claimed copyright infringement under the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. § 512.

Copyright owners or their authorized representatives may submit copyright infringement notices to TuneBull's designated DMCA agent.

Information regarding:

• TuneBull's designated DMCA agent;
• Requirements for submitting a copyright notice;
• Counter-notifications; and
• TuneBull's copyright procedures

is provided in TuneBull's separate DMCA Copyright Policy at: tunebull.com/dmca

TuneBull may remove or disable access to material in response to a copyright complaint, court order, rights-holder request, violation of these Terms, or where otherwise appropriate.

TuneBull may maintain records concerning copyright complaints, takedowns, counter-notifications, rights disputes, account enforcement, and related matters where reasonably necessary for legal compliance, enforcement, fraud prevention, or protection of TuneBull and its users.

15. Repeat Copyright Infringers

TuneBull maintains a policy providing for termination, in appropriate circumstances, of users who are repeat copyright infringers.

TuneBull may maintain records of copyright complaints and enforcement actions associated with accounts and User Content.

TuneBull may consider relevant circumstances when determining whether an account qualifies for restriction, suspension, or termination, including:

• The nature and number of infringement complaints;
• Whether complaints satisfy applicable legal requirements;
• The disposition of notices and counter-notifications;
• Whether content has repeatedly been removed for infringement;
• Whether the user has repeatedly submitted content without sufficient authorization;
• Evidence of intentional or bad-faith infringement; and
• Other circumstances TuneBull reasonably considers relevant.

TuneBull reserves the right to restrict, suspend, or terminate accounts when appropriate under its repeat-infringer policy, these Terms, or applicable law.

TuneBull's repeat-infringer policy will be reasonably implemented in accordance with applicable law.

16. Counter-Notifications

If User Content is removed or disabled following a DMCA copyright notice and the affected user believes the removal resulted from mistake or misidentification, the user may submit a counter-notification in accordance with TuneBull's DMCA Copyright Policy at tunebull.com/dmca and applicable law.

Submitting a false or fraudulent DMCA notice or counter-notification may have legal consequences.

TuneBull may provide a qualifying counter-notification to the person who submitted the original infringement notice as required or permitted by law.

17. Content Moderation and Removal

TuneBull reserves the right, but does not undertake a general obligation, to review, moderate, restrict, disable, or remove User Content when reasonably necessary to:

• Enforce these Terms;
• Protect users;
• Address copyright or other intellectual-property complaints;
• Respond to legal requirements;
• Prevent fraud;
• Protect TuneBull systems;
• Address security threats;
• Address questions concerning ownership, licensing, or authorization; or
• Protect TuneBull, StayOnBeat, LLC, users, or third parties.

TuneBull's decision not to remove particular content does not constitute endorsement of that content or a determination that the content is properly licensed.

18. Third-Party Services

TuneBull may integrate with or link to third-party platforms and services, including payment processors, streaming platforms, social networks, cloud providers, analytics providers, and other services.

Third-party services operate under their own terms and privacy practices.

TuneBull is not responsible for the availability, operation, policies, content, or independent actions of third-party services.

19. User Disputes

Users are responsible for their interactions and transactions with other users.

TuneBull is not responsible for disputes involving matters such as:

• Collaborations;
• Ownership splits;
• Producer agreements;
• Beat licenses;
• Songwriting credits;
• Royalty disputes;
• Publishing rights;
• Composition ownership;
• Sample clearances;
• Music review opinions;
• Host performance;
• User communications; or
• Other arrangements between users.

TuneBull may, but is not obligated to, assist with platform-related disputes.

20. Termination and Suspension

TuneBull may suspend, restrict, or terminate access to the Service when reasonably necessary because of:

• Violation of these Terms;
• Fraud;
• Security concerns;
• Copyright infringement;
• Repeat infringement;
• Insufficient or fraudulent rights certifications;
• Payment abuse;
• Stream manipulation;
• Illegal activity;
• Risk to users or TuneBull; or
• Legal or regulatory requirements.

Where appropriate, TuneBull may provide notice or an opportunity to appeal.

Serious violations may result in immediate action.

Users may discontinue using TuneBull and may delete their accounts using available account functionality, subject to legitimate legal, security, copyright-compliance, fraud-prevention, dispute-resolution, and record-retention requirements.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TUNEBULL AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

STAYONBEAT, LLC DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE EXTENT PERMITTED BY LAW.

TUNEBULL DOES NOT GUARANTEE:

• UNINTERRUPTED SERVICE;
• THAT THE SERVICE WILL ALWAYS BE ERROR-FREE;
• ANY PARTICULAR NUMBER OF STREAMS OR PLAYS;
• AUDIENCE GROWTH;
• MUSIC INDUSTRY SUCCESS;
• REVENUE;
• PLACEMENTS;
• RECORD DEALS;
• ACCURACY OF ALL USER-PROVIDED INFORMATION;
• THAT USER CONTENT IS OWNED OR PROPERLY LICENSED BY THE USER WHO UPLOADS IT; OR
• CONTINUED AVAILABILITY OF ANY PARTICULAR FEATURE.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STAYONBEAT, LLC, TUNEBULL, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO USE OF THE SERVICE.

THIS INCLUDES, WHERE PERMITTED BY LAW, DAMAGES ARISING FROM:

• LOSS OF PROFITS;
• LOSS OF DATA;
• LOSS OF BUSINESS OPPORTUNITIES;
• USER CONTENT;
• USER DISPUTES;
• THIRD-PARTY SERVICES;
• MUSIC REVIEWS;
• ACCOUNT SUSPENSION;
• UNAUTHORIZED ACCESS;
• PLATFORM INTERRUPTIONS;
• COPYRIGHT OR OWNERSHIP DISPUTES; OR
• RELIANCE ON PLATFORM METRICS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, STAYONBEAT, LLC'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO TUNEBULL DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

Some jurisdictions do not permit certain limitations of liability, so portions of this section may not apply to you.

23. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless StayOnBeat, LLC, TuneBull, and their officers, directors, employees, contractors, and agents from third-party claims, liabilities, damages, losses, judgments, settlements, and reasonable costs and expenses, including reasonable attorneys' fees, arising from or relating to:

• Your User Content;
• Your violation of these Terms;
• Your infringement of another person's intellectual-property rights;
• Music you upload or submit without sufficient authorization;
• Any inaccurate or false Music Rights Certification or other rights representation made by you;
• Beats, samples, compositions, recordings, artwork, or other third-party material incorporated into your User Content without sufficient authorization;
• Your misuse of the Service;
• Your fraudulent or unlawful activity; or
• Your violation of another person's rights.

TuneBull reserves the right to control the defense of a matter subject to indemnification, and you agree to reasonably cooperate in that defense.

24. Privacy

TuneBull's collection and use of personal information is described in the separate TuneBull Privacy Policy at:

tunebull.com/privacy

The Privacy Policy should be reviewed together with these Terms.

25. Changes to the Service

TuneBull may add, modify, restrict, suspend, or discontinue features or portions of the Service.

TuneBull may introduce new paid or free features.

TuneBull does not guarantee that any feature, ranking system, payment feature, music tool, social feature, music player, licensing structure, or monetization program will remain available indefinitely.

26. Changes to These Terms

TuneBull may modify these Terms from time to time.

When changes are material, TuneBull will provide notice as required by applicable law, which may include notice through the Service, email, or another reasonable method.

The updated Terms will state their effective or last-updated date.

Where legally required, TuneBull may request affirmative acceptance of revised Terms.

Changes to these Terms do not retroactively alter rights and obligations that cannot lawfully be changed retroactively.

27. Governing Law

These Terms and disputes arising from or relating to the Service will be governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent applicable federal law or other law requires otherwise.

Any forum-selection or dispute-resolution provisions adopted by TuneBull should be interpreted subject to applicable law and any non-waivable rights available to users.

28. Severability

If a provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

An invalid or unenforceable provision will be modified or limited to the minimum extent necessary where permitted by law.

29. No Waiver

TuneBull's failure to enforce a provision of these Terms does not constitute a waiver of its right to enforce that provision or another provision later.

30. Entire Agreement

These Terms, together with TuneBull's Privacy Policy, DMCA Copyright Policy, applicable Music Rights Certifications, Music Upload License terms, and other policies or additional terms expressly incorporated into them, constitute the agreement between you and TuneBull concerning use of the Service.

Separate terms may apply to particular products, promotions, transactions, contests, monetization programs, or features.

If additional terms expressly applicable to a particular TuneBull feature conflict with these Terms, the additional terms will control with respect to that feature to the extent of the conflict.

31. Contact Information

Questions concerning these Terms may be directed to:

StayOnBeat, LLC
Operator of TuneBull
Website: tunebull.com
Email: info@stayonbeat.com

Copyright infringement notices should not be sent to the general contact address when TuneBull has designated a separate DMCA agent.

Copyright notices should instead be submitted using the contact information contained in TuneBull's DMCA Copyright Policy at:

tunebull.com/dmca