Terms and Conditions

TERMS AND CONDITIONS

TERMS OF USE

Please read these Terms of Use (“Agreement” or “Terms of Use”) carefully before using the services offered by Attatunes General Partner Ltd. (“Attatunes”). This agreement sets forth the legally binding terms and conditions for your use of the Attatunes Web site at www.attatunes.com (the “Site”) and the service owned and operated by Attatunes (the “Service”). By using the Site or Service in any manner, including but not limited to visiting or browsing the Site, you agree to be bound by this agreement. This agreement applies to all users of the Site or Service, including users who are also contributors of content, information, and other materials or services on the Site.

Acceptance of Terms

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the “Terms of Use”), which term also incorporates the Privacy Policy available at www.attatunes.com/privacy-policy the Intellectual Property (Copyright) Policy available at www.attatunes.com/IP-Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by Attatunes, each of which is incorporated by reference and each of which may be updated by Attatunes from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Attatunes may, at its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use

Attatunes reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. Attatunes may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Rules of Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions as defined below) is provided only for your own personal, non-commercial use (except with respect to Artists selling their products as authorized through the Service). You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any User Submissions, videos, audio clips, written works, intellectual property, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Attatunes or its partners on or through the Service.

You will not nor will you permit any third party to either

  1. a) take any action that:
  2. b) or upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:

•         infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
•         you know is false, misleading, untruthful or inaccurate;
•         is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, and invasive of another’s privacy, tortuous, obscene, offensive, or profane;
•         constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
•         involves commercial activities and/or sales without Attatunes’ prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
•         exploits people in a sexual or violent manner;

•         contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Attatunes or any third party; or

•         impersonates any person or entity, including any employee or representative of Attatunes.

Additionally, you shall not:

  1. i) Take any action that imposes or may impose (as determined by Attatunes in its sole discretion) an unreasonable or disproportionately large load on Attatunes’ (or its third party providers’) infrastructure;
  2. ii) Interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;

iii)        Bypass any measures Attatunes may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);

  1. iv) run Mail list, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

Directly or indirectly, you will not:

(i)                  decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;

(ii)                Modify, translate, or otherwise create derivative works of any part of the Service; or

(iii)               Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Attatunes does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Attatunes has no obligation to monitor the Site, Service, Content, or User Submissions. However, Attatunes reserves the right to:

  1. i)remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason – including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Attatunes is concerned that you may have violated the Terms of Use), or for no reason at all; and
  2. ii)to remove or block any User Submissions from the Service.

Attatunes reserves the right to investigate and take appropriate legal action against anyone who, in Attatunes’ sole discretion, violates this provision, including, without limitation, terminating your account and/or reporting such activity or Content to law enforcement authorities.

Personal Information – Fans

As a condition to using certain features of the Service (including, without limitation, the free download feature) you (“User” or “Fan”) may be required to provide certain personal information to relevant artists, such as your email address, country of residence and zip/postal code (“Fan Information”), in order to join the relevant artists’ mailing list. As a condition to each such artist’s right to receive such Fan Information, Attatunes requires each artist to agree to the terms set forth in the next section of this Agreement. However, you acknowledge that Attatunes has no control over the use of the Fan Information by the artists, and you further acknowledge and agree that Attatunes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the bands’ use of such Fan Information.

Personal Information – Artists

In connection with certain features of the Service, including by requiring that Fans provide you with their email addresses and other personal information in order to access the free download option, you, an individual artist or a collection of artists (e.g. a band, group, troupe, society, etc.) may collect certain types of Fan Information. As a condition to receiving such Fan Information, you acknowledge and agree that you will not disclose, rent, or sell any Fan Information to any third party, and you will use the Fan Information only in connection with the Artist’s mailing list, in order to provide Fans with general information and news about the Artist, such as upcoming shows and newly released content (songs, albums, eBook, films, etc.). You further agree that any email sent to the Artist mailing list will include a mechanism by which the recipient can unsubscribe from the mailing list, along with clear instructions on how to do so (i.e. a functioning “opt-out” mechanism). 

Registration

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Attatunes and select a password and screen name (“User ID”). You shall provide Attatunes with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Attatunes account. You shall not:

  1. i)select or use as a User ID or domain a name of another person with the intent to impersonate that person;
  2. ii)use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or

iii)                Use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Attatunes reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Attatunes password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Attatunes in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Fees and Payment – Fans

You may purchase products and/or services from an artist through the Site, including without limitation purchases of digital downloads and physical merchandise (each such purchase is a “Transaction”). All inquiries regarding Transactions will be directed to the relevant artist. Attatunes is not responsible for refunds for Transactions.

You warrant that if you enter into a Transaction, you shall be able to make full and immediate payment for the requested product, products or services.

Fees and Payment – Artists

You will set the prices for your products that are charged through Transactions (the “Prices”) through the Site, and you may change the Prices at your sole discretion. Notwithstanding the preceding sentence, Attatunes may redistribute previously purchased copies of your products to users who have, in Attatunes’ sole determination, received a corrupted copy of your product, an incorrect file format version of your product, an incomplete copy of your product, or suffered a loss of your product through hard drive failure, damage, theft or destruction, on a no-fee basis to the user (i.e., the user is not charged a new fee for the redistribution). Consequently, no additional payments shall be made to you for such redistributions.

Attatunes shall be entitled to a share of the revenue you receive from Transactions (the “Revenue Share”), which shall be calculated on your gross revenue from Transactions in accordance with the rate schedule set forth and agreed upon by both parties on an individual basis. You shall be solely responsible and liable for, and Attatunes shall have no responsibility or liability for, any bad debts (such as credit card returns or fraud), PayPal fees (except for fees charged on Attatunes’ PayPal account), credit card transaction fees, disputed payments and refunds.

Payments received from users for Transactions shall be directed to you, provided that if there is an outstanding Revenue Share owed to Attatunes, such payments may be directed to Attatunes in accordance with Attatunes’ standard policies.

Attatunes is not obligated but retains the right to immediately halt the offering or sale of any products, goods or services, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of Attatunes, and to correct any inaccurate listing or technical problems on the Site.

Additional Fees

In addition to the fees set forth above, Attatunes reserves the right to require payment of fees for certain additional features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Site in connection with such features. Attatunes reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Site. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.

Third Party Site

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Attatunes’ control, and you acknowledge that Attatunes is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Attatunes or any association with its operators. You further acknowledge and agree that Attatunes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Content and License

You agree that the Service contains Content specifically provided by Attatunes or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Attatunes grants each user of the Site and/or Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Attatunes, or from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Intellectual Property Rights – Artists

The Service provides Artists with the ability to upload the Artist’s Works (the “Works”) to the Site (e.g. digital recordings, eBooks, video, graphics, photographs, etc.). Attatunes does not claim any ownership rights in any elements of an Artist’s Works but is granted the following license to perform the Service:

  1. i) reproduce, distribute, publicly perform, publicly display, create derivate works of, communicate to the public and otherwise exploit (collectively, “Exploit”)

1) the Artist’s Music and perform the Service on the Artist’s behalf (e.g., reproduce, transcode, copy and store the Artist’s Music on computer servers owned and/or operated by or on behalf of Attatunes or its authorized sublicenses and distributors, and publicly perform, transmit, stream, distribute, and playback the Artist’s Music) using any technologies or methodologies now known or hereafter developed; and

2) Exploit all associated copyrightable works or metadata, including, without limitation, song lyrics and musical notations, album cover artwork, photographs, graphics, and descriptive text (“Artworks”) in connection with the Service);

(ii) allow users of the Service to receive public performances and public displays of the Artist’s Works and to reproduce the Artist’s Works on any and all devices owned or controlled by the user for non-commercial purposes and receive performances and displays of same; and

iii) reproduce, use, and publish, and to permit others to reproduce, use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of the Artist, in connection with the provision of the Service.

To enable Attatunes to Exploit your Music pursuant to the above provisions, you hereby grant to Attatunes the worldwide, non-exclusive, royalty-free, sub licensable, and transferable right to use, distribute, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the “Trademarks”) solely in connection with the Service or in the marketing, promotion or advertising of the service, including in all forms of marketing, promotion, and advertising materials now known or hereafter created.

By uploading any Works to the Site:

  1. you represent and warrant, and can demonstrate to Attatunes’ full satisfaction upon request, that

(i) you own or otherwise control all rights to

(1) your Works;

(2) the Works embodied in your Works (such as samples of other Musical Works, excerpts from other written works, clips of film, broadcasts or video, edited or altered images of an original work of art, or any other Work created by someone other than the Artist) are in the public domain or have otherwise been directly licensed to the Artist in writing with a grant of rights sufficient to permit the Artist to enter into this Agreement and to grant all of the rights with respect to the Artist’s Works as set forth in this Agreement (hereinafter “Direct Licensed”); and

(3) the Works or that such Works are in the public domain or Direct Licensed);

(i) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any Works you upload to the Service and the other Works embodied therein, if any;

(ii) you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Works and to use such individual’s identifying or personal information (to the extent such information is used or contained in the Works as contemplated by these Terms of Use; and

(iii) you are authorized to grant all of the aforementioned rights to the Works in entirety to Attatunes and all users of the Service.

(iv) you represent and warrant that the use or other exploitation of your Works and the Works embodied therein and/or Works by Attatunes and its authorized sublicenses and distributors and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

  1. you represent and warrant that, to the extent you are the creator of any or all of the Works embodied in your Works, whether in whole or in part (e.g., as a co-writer), you have the full right, power, and authority to grant the rights set forth in this Agreement notwithstanding the provisions of any agreement you may have entered into with any performing rights organization or any music publisher, and that you are solely responsible for taking all steps necessary to inform such organization  or publisher of your grant of a royalty free license to Attatunes for the uses set forth herein for the Hosting, including public performances and communications to the public, of your Works, and that no fees or payments of any kind whatsoever shall be due to any PRO or music publisher for the Hosting of your Musical Works.
  2. you represent and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Sound Recordings as authorized under this Agreement.

If any agreement you have entered into with any third party, including, but not limited to a music publisher, union or guild, whether by law or contract, prohibits you from granting company the right and license set forth in this Agreement and making the representations and warranties set forth in the four paragraphs immediately above, then you are prohibited from uploading your Works to the Service and shall be responsible for indemnifying and holding company harmless from and against any and all claims arising from the exploitation of your music on the Service, including all court costs and legal fees. 

Intellectual Property Rights – Fans

The Service provides users with the ability to add, create, upload, submit, distribute or post (“Submitting” or “Submission”) content, videos, audio clips, written works, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you:

  1. acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;
  2. agree that by Submitting any User Submissions through the Site or the Service, you hereby do and shall grant Attatunes a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Attatunes’ (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites), whether now known or hereafter developed. You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Attatunes does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  3. represent and warrant, and can demonstrate to Attatunes’ full satisfaction upon request that you:

(i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain or Direct Licensed;

(ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above;

(iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and

(iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Attatunes and all users of the Service;

  1. agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service and that the use or other exploitation of such User Submissions by Attatunes and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
  2. understand that Attatunes shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Attatunes will not be liable for any errors or omissions in any content; and that Attatunes cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Attatunes does not endorse and has no control over any User Submission. Attatunes cannot guarantee the authenticity of any data that users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting there from..

Termination

Attatunes may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Attatunes has no special relationship with or fiduciary duty to you. You acknowledge that Attatunes has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Attatunes from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Attatunes makes no representations concerning any Content contained in or accessed through the Site, and Attatunes will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

The Service is provided “as is” and “as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Attatunes, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.

Attatunes makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. Attatunes will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Attatunes’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Indemnification

You shall defend, indemnify, and hold harmless Attatunes and its affiliates, authorized sublicenses and distributors, and each of their employees, contractors, directors, suppliers and representatives, from any and all liabilities, claims, and expenses, including reasonable attorneys’ fees and court costs, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity, and for breach of any of your representations and warranties in these Terms of Use. For the avoidance of doubt, you hereby agree to defend, indemnify, and hold harmless Attatunes from any and all claims by a third party owning, controlling or claiming any right in or to any Works embodied within your Works, including claims for performance royalties, mechanical royalties, and use or re-use fees. Attatunes reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Attatunes in asserting any available defences at your sole expense.

Limitation of Liability

In no event shall Attatunes, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service

(i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising);

(ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination); or

(iii) for any direct damages in excess of (in the aggregate) one-hundred Canadian dollars ($100.00) unless otherwise excluded by law.

Because Attatunes is not the buyer or seller in any Transaction, if a dispute arises between one or more participants in a Transaction, you release Attatunes (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You hereby expressly waive any rights you may have under any civil code, foreign or domestic, as well as under any other statutes or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of this Agreement, and that without such waiver; this Agreement would not have been entered into by Attatunes.

Because Attatunes is not the buyer or seller in any actual Transaction between Artists and Fans and is not the agent of either for any purpose, Attatunes does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Transaction.

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Attatunes agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the Canada. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Calgary, Alberta, Canada, using the English language in accordance with the Alberta Arbitration & Mediation Society then in effect by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Canada Federal Courts or Provincial courts located in the Alberta. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

Integration and Severability

The Terms of Use are the entire agreement between you and Attatunes with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Attatunes with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

Attatunes shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Attatunes’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sub licensable by you except with Attatunes’ prior written consent. Attatunes may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorney fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. The captions and headings in this Agreement are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of this Agreement, or of any provision of this Agreement, nor in any way affect the interpretation of this Agreement.

Contact

You may contact Attatunes at info@attatunes.com.

Last Updated on Friday, 10 August 2012 23:41