Effective September 1, 2017
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITES. YOUR ACCESS AND/OR USE OF THE SITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE HEREIN NOTED TERMS. IF YOU DO NOT FULLY ACCEPT THESE TERMS, PLEASE DO NOT USE AND/OR ACCESS THE SITES.
Notice of Mandatory Dispute Resolution: These Terms contain dispute resolution provisions that govern how claims that TUNODS and you have against each other shall be resolved), and which will require you to submit any such claims you have against TUNODS to binding arbitration, unless you opt-out in accordance with these Terms.
Our Revisions to these Terms. TUNODS may revise these Terms at any time and from time to time in its sole discretion. We will notify you of changes to these Terms by posting the amended terms on the Sites. If you do not agree to any revisions to these Terms, you should immediately stop using the Sites, and if you are a registered user, you may cancel your account with TUNODS by contacting us email@example.com Otherwise, the new terms will take effect immediately upon posting the change.
Your Use of the Sites and License. The Sites are not targeted towards children under the age of thirteen (13). By accessing or using TUNODS’ Sites, including by registering an account on the Sites, you represent and warrant that you are eighteen (18) years of age or older (or age of majority if higher in your place of residence). If you are under the age of eighteen (18) or age of majority if higher in your place of residence, you should use the Sites only with the involvement of a parent or guardian. Subject to your compliance with these Terms, TUNODS may revoke your access and use of the Sites at any time, for any reason whatsoever, and nothing herein constitutes a representation and/or warranty that the Sites will be available to you for your access and/or use.
Your Use of the Sites. You agree that you will not access and use the Sites in an unlawful manner and only in accordance with these Terms. Additionally, you agree that you will not:
Your Account. You may be required to create an account to access and/or use certain areas of the Sites, or you may elect to create an account for other purposes. If you choose to create an account, you are responsible for maintaining the confidentiality of your account, including but not limited to your username and password information, and also for restricting access to such information. You agree to accept responsibility for all activities that occur under your account and/or password. Additionally, you agree to notify Us immediately of any unauthorized access or use of your account or password, or any other breach of security relating to your account.
We reserve the right, for any reason, to terminate your account or registration at any time. We do not sell products and/or services to children, nor do we permit children to have TUNODS accounts. We sell products and services only to adults, who can legally purchase items with a credit card and/or any other method of payment. If you are under the age of eighteen (18) (or age of majority if higher in your place of residence), you may not have an account and you may only use the Sites with the involvement of a parent and/or guardian.
Our Content, Pricing and Accuracy. All of our features, availability, content, products, specifications, and prices of products and services described or shown on the Sites are subject to change at any time without prior notice. The inclusion of any products or services on the Sites at any particular time does not imply, guarantee or warrant that these products or services will be available at any time. Certain noted weights, measures and/or other similar descriptions are approximate and are provided for convenience purposes only. TUNODS attempts to ensure that the information on the Sites is complete, accurate and up-to-date; however, the actual color of the products you see depends on your device set-up, and as such TUNODS cannot guarantee that your device will accurately display such colors. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out-of-date. As such, we make no representation as to the completeness, accuracy or currency of any information provided on the Sites, including but not limited to the fact that products and/or services included on the Sites may be unavailable, may have different attributes than those listed, or may be sold for a different price than what is actually stated on the Sites. In the event of a pricing error or any other discrepancy on a Site with respect to any products and/or services, TUNODS reserves the right to cancel any orders (or partial orders) place by you for such products or services.
The Applicable Law. By registering for an account and/or by placing an order, you represent that the products or services ordered will be used only as intended by the manufacturer. The Sites are not intended to subject TUNODS to the laws or jurisdiction of any state, country or territory other than that of the country from which TUNODS’ products and/or services are purchased. It is your responsibility to ascertain and abide by any and all applicable local, state, federal and international laws (including minimum age requirements) in regards to the possession, use and/or sale of any product or service purchased from TUNODS via the Sites.
Confirmation, Cancellation and Coupons.
All orders will be confirmed. Please see return policy for any details
TUNODS’s Intellectual Property. All contents, including but not limited to texts, graphics, information, images, contents, videos, data, music, codes, softwares, trademarks, trade names, service marks, logos, fonts, custom colors, and other materials displayed on and/or available via, or that can be downloaded from the Sites, excluding any user’s content (collectively, the "TUNODS' IP"), are either the property of TUNODS and/or are being used with permission from TUNODS' service providers and licensors, and are protected by copyright, trade dress, trademark and other IP laws. Additionally, the design, arrangement, and collection of the TUNODS' IP on the Sites, including the Look and Feel IP of the Sites (the "Look and Feel IP"), is the exclusive property of TUNODS and protected by applicable copyright IP laws. We expressly reserve all intellectual property rights in all of TUNODS' IP and the Look and Feel IP. Nothing contained on the Sites grants or should be construed as granting, by implication, estoppel, and/or otherwise, any license and/or any other right to use any of TUNODS' IP or the Look and Feel IP without the prior express written permission of TUNODS and/or any applicable third party owner.
Third Party Links on the Sites. From time to time, the Sites may contain links to third party sites that are not owned, operated and/or controlled by TUNODS. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement of those third party sites by TUNODS. If you use these links, you will leave the Sites. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available or error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements.
IF YOU AND WHENEVER YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
Disclaimers. We do not and cannot warrant that any Sites, including but not limited to any element of the Sites, or its servers will be error-free, uninterrupted, virus free and/or free from unauthorized access, or otherwise meet any of your requirements.
YOUR USE OF THE SITES, INCLUDING BUT NOT LIMITED TO ANY ELEMENT OF THE SITES AND OF ANY USER CONTENT WITHIN THE SITES, IS AT YOUR OWN RISK. THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
NEITHER TUNODS, NOR ANY OF ITS SERVICE PROVIDERS OR SUPPLIERS, WARRANT THE ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION, MATERIAL, PRODUCT AND/OR SERVICES PROVIDED ON OR VIA THE SITES. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR VIA THE SITES MAY BE INACCURATE, INCLUDING BUT NOT LIMITED TO IT BEING OUT-OF-DATE, AND NEITHER TUNODS NOR ANY OF ITS SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS AND/OR SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TUNODS HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR VIA THE SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TUNODS HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT AND/OR SERVICE DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION OF ACCOUNT INFORMATION (INCLUDING BUT NOT LIMITED TO UNAUTHORIZED ACCESS OR MISAPPROPRIATION OF YOUR PERSONAL INFORMATION). FURTHERMORE, AND NOTWITSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
Limitations of Liability. TUNODS does not assume any responsibility, and shall not be liable for any damages to, or viruses or other harmful or malicious code that may infect or affect, your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing of the Sites, linking to a third party site, or your downloading of any materials or information from the Sites and will not be liable for any loss or damage arising from the unlawful, malicious, negligent or wrongful conduct of third parties.
IN NO EVENT WILL TUNODS OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS, VENDORS NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES (OR ANY PART OF THE SITES) BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, ACCESS, OR THE RESULTS OF USE OF A SITE, ANY SITES LINKED TO A SITE, OR THE INFORMATION OR MATERIALS CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING OUR NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, IN THE EVENT OF ANY PROBLEM WITH THE SITES, OR ANY MATERIAL OR CONTENT ON THE SITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND TUNODS FOR ALLOWING YOU ACCESS TO THE SITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITES, SUBJECT TO THE EXCLUSIONS BELOW, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITES.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE HEREIN NOTED LIMITATIONS OF LIABILITY DO NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENT ACTS OR DAMAGES ARISING FROM OUR INTENTIONAL, WILLFUL OR RECKLESS MISCONDUCT. FURTHERMORE, NOTHING IN THESE TERMS PURPORTS TO EXCLUDE ATTORNEYS’ FEES OR DAMAGES WHERE MANDATED BY STATUTE.
Your Indemnification Obligations. You agree to defend, indemnify and hold TUNODS and its respective affiliates, licensors, directors, officers, employees, agents and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorneys' fees and court costs, arising from any claim, cause of action, suit or demand of any third party due to, arising out of and/or relating to your breach of these Terms and/or any unlawful act.
Notice of Copyright Violations. If you believe that any user content or any other aspect of the Sites infringes your copyright, you should send written notice of the alleged copyright infringement to our designated copyright agent, with the subject matter noted as “Copyright Violation” at the following email address: firstname.lastname@example.org
Such notice must meet the requirements of the Digital Millennium Copyright Act, which requires provisioning of the following information:
A description of the copyrighted work that you claim has been infringed;
A description of where the allegedly infringing material is located on the Site(s);
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, affirming that the above information in your notice is accurate, and that you are the owner of the copyright at issue or are authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
DMCA Counter Notice. If you believe that your user content was removed or disabled but is not infringing; and/or that you have the legal authorization from the copyright owner, the copyright owner's agent or pursuant to applicable law, to post and use the content within your user content; you may send a DMCA counter notice to the Copyright Agent containing the following information:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If and whenever a DMCA counter notice is received by TUNODS, TUNODS may send a copy of the counter notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, and/or access to it may be restored, within ten (10) to fourteen (14) business days or more after receipt of the DMCA counter notice by the original complaining party, at TUNODS' sole discretion.
Dispute Resolution, Governing Law, and Jurisdiction.
Choice of Law and Courts for Non-Arbitrated Disputes. These Terms supersede any other agreement by and between you and TUNODS to the extent necessary to resolve any inconsistency or ambiguity between them. Notwithstanding the arbitration provisions noted herein, to the extent you have in any manner violated or threaten to violate TUNODS’ intellectual property rights, TUNODS may, but need not to, seek injunctive and/or any other appropriate equitable relief, solely for that purpose, in the state courts of your residence, and you consent to exclusive personal jurisdiction and venue in such courts.
NOTWITHSTANDING ANY LAW AND/OR STATUTE TO THE CONTRARY, YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If the parties don’t reach an agreed upon amicable resolution, pursuant to the “Initial Dispute Resolution” noted above, you and TUNODS each agree that any and all disputes, claims and/or controversies arising out of or relating to our products or services or the Sites (including, without limitation, TUNODS digital operations at or through the Sites), or these Terms or the breach, enforcement, interpretation or validity thereof, shall be determined by binding arbitration before one (1) arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to AAA’s Commercial Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. By agreeing to binding arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. We strive to offer a fundamentally and fair arbitration hearing process. For small claims (those for amounts up to $5,000.00), We believe this can often be satisfied when hearings are conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However the arbitrator shall have discretionary authority to require a face-to-face meeting, if it determines that such face to face meeting is necessary for a fundamentally fair hearing. Notwithstanding anything contained in these Terms to the contrary, including TUNODS’ right to modify these Terms, TUNODS agrees that TUNODS may not modify these arbitration provisions without notice to you and your agreement to such changes. Further, any such modification to the dispute and/or arbitration requirements in this section shall not apply to claims arising prior to the date of such modification.
In connection with these arbitration provisions, the parties agree as follows:
Arbitration Related Filing Fees & Costs. If you initiate the arbitration, to the extent the filing fee for the arbitration exceeds the lesser of $250 or the cost of filing a lawsuit, TUNODS’ will pay the additional cost. A request for payment of any such fees should be submitted to AAA along with your form for initiating the arbitration, and We will make arrangements to pay all necessary fees directly to AAA. All other costs of the arbitration will be borne by Us including any remaining AAA Case Management Fee and all professional fees for the arbitrator's services. You will be responsible for your own attorney fees and expenses unless the arbitration rules or applicable law permit you to recover your attorney’s fees. We will not require you to reimburse our fees and costs if you do not prevail. If we are the claiming party initiating an arbitration against you, We will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).
Waiver of Certain Court Rights. The parties understand that, absent this mandatory provision, they would have the right to sue in court. Court proceedings generally provide greater discovery rights, a judge or jury trial, and could provide greater opportunity for appellate review. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation.
Waiver of Class Action Claims. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.
YOU AGREE THAT BY ENTERING INTO THESE TERMS, IN PARTICULAR THE AGREEMENT TO ARBITRATE, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST TUNODS ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION OR OTHER ACTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU ACKNOWLEDGE THAT BY ENTERING INTO THESE TERMS, YOU INTEND TO BE LEGALLY BOUND AND, IN ADDITION TO OTHER GOOD AND VALUABLE CONSIDERATION, YOU AGREE THAT TUNODS’ AGREEMENT TO ARBITRATE CLAIMS CONSTITUTES CONSIDERATION FOR SUCH WAIVER. THE CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF THIS AGREEMENT TO ARBITRATE AND CANNOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE DISPUTES.
Admissibility. A printed version of these Terms shall be admissible in judicial and administrative proceedings and in arbitration proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waiver and Severability. No waiver by either party of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of a party to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Termination. You or TUNODS may suspend or terminate your account or your use/access of a Site at any time, for any reason or for no reason. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you incur prior to termination. TUNODS reserves the right to change, suspend, or discontinue all or any aspect of the Sites at any time without notice except as provided in these Terms.