Terms & Conditions

Introduction

Welcome to Tuneday. If you continue to browse or use Tuneday you are agreeing to comply with and be bound by the following terms and conditions of use (“Terms”) which govern our relationship with you in relation to your use of Tuneday. If you disagree with any part of these Terms, please do not use Tuneday.

The term ‘we’ means Tuneday Limited, a company registered in England whose registered office is Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX and company registration number is 11452806 (“we”, “us” and “our” will be construed accordingly). Tuneday Limited is the owner and operator of the website www.tuneday.co.uk  and any related mobile applications, together with all features, services or tools available through it.

The term “you” refers to the user or viewer of Tuneday (and “your” will be construed accordingly).

Tuneday uses cookies. By using Tuneday and agreeing to these Terms, you consent to our use of cookies in accordance with the terms of our Cookies Policy and to the use of your information in accordance with our Privacy Policy, which you can find here

Using Tuneday

In order to use Tuneday, you must be over 18 years of age or between the age of 13 and 18 years and have received approval from your parent or legal guardian. By registering, you are confirming that you are over 18 years of age or that you are between the age of 13 and 18 years and have received approval from your parent or legal guardian. By registering with Tuneday, you confirm that you are have no current (unspent) criminal record of any kind.

Acceptable Use Policy

As a condition of your use of Tuneday, you agree that you will comply with the following Acceptable Use Policy. You agree that you will not:

  • breach any laws or regulations;
  • violate the posting rules (which may be given on the Website);
  • post any material which is deemed threatening, abusive, defamatory, obscene or indecent;
  • post or message any false or misleading material or message of any kind;
  • distribute viruses or any other technologies that may harm Tuneday or the interests of its users;
  • impose an unreasonable load on Tuneday technology or infrastructure;
  • distribute spam, chain letters, or promote pyramid schemes;
  • use any robot, spider, scraper or other automated means to access Tuneday without our express written permission;
  • interfere with the proper working of Tuneday;
  • collect information about other users of Tuneday, including email addresses, without their consent;
  • use any of Tuneday’s copyrights and trademarks without permission;
  • bypass measures designed to prevent or restrict access to certain parts of Tuneday;
  • sell any unlawful or counterfeit goods or otherwise infringe the copyright, trademark or other rights of third parties.
  • permit any third parties to use your login details.

Whilst we require all users to follow these Terms, we recommend that you exercise your own discretion and judgement in deciding who you let into your network, and what information you choose to share with them.

We reserve the right at our discretion to refuse content that we may believe is inappropriate or is in breach of the above terms. If we believe that you are breaching these Terms in any way and/or behaving suspiciously on Tuneday we may, at our discretion, inform other Tuneday users that have been in contact with you and recommend that they exercise caution.

Unless otherwise stated, Tuneday Limited owns the intellectual property rights in Tuneday. Subject to the license below, all these intellectual property rights are reserved.

You may view Tuneday pages, download Tuneday pages and print Tuneday pages for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

Access to certain areas of Tuneday is restricted. We reserve the right to restrict access to areas of Tuneday, or indeed all of Tuneday, at our sole discretion.

If we provide you with a user ID and password to enable you to access restricted areas of Tuneday or other content or services, you must ensure that the user ID and password are kept confidential.

We may disable your user ID and password at our sole discretion without prior notice, if we believe you are making improper use of Tuneday. We also reserve the right to decline membership of our platform at our discretion.

You are responsible for all information that you submit to Tuneday and any consequences that may result from your message or post.

Tuneday reserves the right to upgrade and remove any features of the app at any time.

Misuse of Tuneday

We aim to work together with the Tuneday community to keep Tuneday working properly and the community safe. Please report problems, offensive content and policy breaches to us using the contact us facility.

We may at our discretion issue warnings, limit or terminate our service, or remove User Content and take technical and legal steps to keep users off Tuneday if we think that they are misusing Tuneday. However, whether or not we decide to take any of these steps, we do not have any obligation to monitor the information transmitted or stored on Tuneday and we do not accept any liability for unauthorised or unlawful content on Tuneday.

User Content

As well as allowing you to post work requests, Tuneday also permits the submission of user content including the submission of images, music, videos or other content by you and other users (all of which is defined as “User Content”) and the hosting and publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any User Content.

You agree to comply with all posting rules which we may provide on Tuneday and which will be deemed to be expressly incorporated into these Terms.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them.

You represent and warrant that:

  • you own or have the necessary rights and permissions to use and authorize us to use all copyright, trademark or other proprietary rights in and to any User Content to enable inclusion and use on Tuneday and in accordance with these Terms; and
  • whilst, you retain all of your ownership rights in your User Content, by submitting the User Content to us, you hereby grant us, in addition to any other rights which we may have, a worldwide, royalty-free, non-exclusive and transferable license (which is sublicensable) to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split videos into different segments, and use an entire image or video or segments as part of compilations), display and broadcast the User Content in connection with Tuneday and our business, including without limitation to grant access to Tuneday to third parties to view the User Content (and derivative works thereof) and to distribute the User Content through any and all media or distribution methods now available or later developed.
  • you will not: (i) submit material that is false or misleading copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Content and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, our business or any third party; (iii) submit material that is unlawful, obscene, libellous, threatening, pornographic, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or (iv) misidentify yourself in submitting the User Content or misstate your true identity.

Any breach of the above warranties may result in your account being immediately terminated and may result in you becoming liable to legal action.

We do not endorse any User Content or any opinion, recommendation, or advice which it may express, and we expressly disclaim any and all liability in connection with User Content. You understand that when using Tuneday, you will be exposed to User Content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us, our owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Tuneday.

Fees

Using the basic Tuneday service is free of charge. If we change our pricing policy at any time, we shall inform you via the Website.

#Tuneday Competition

Each month, Tuneday hosts a competition, called #Tuneday. Users can enter into the competition for the chance of getting their favourite music heard by a judging panellist (for example, a high-profile artist or a record label company).

Users can select their preferred judging panelist and upload their music. The winner is chosen by Tuneday and will go on live stream with the judging panelist and have their music heard by them. The winner may then receive feedback, collaboration or even a signed deal. Users get the chance to enter once every month. Full details will be set out on the Website.

Tuneday reserve the right to amend the terms of any competition and/or to withdraw any competition at any time and

Using the ‘Broadcast’ feature

The Tuneday ‘Broadcast’ feature allows Users to send a broadcast message to certain artists or certain categories of artists requesting collaboration or posting a job they may require. For example, a singer who needs an expert sound engineer to mix a song. Full details of how to use the Broadcast feature will be posted on the Website.

Your right to cancel

You have the right to cancel your membership to Tuneday at any time, as set out below.

Should you wish to do so, you should send an email to support@tuneday.co.uk requesting the termination of your membership, or follow the instructions in your accounts settings page.

Copyright and Licence

Tuneday contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, look, appearance and graphics.

You are granted a licence to use the material contained on Tuneday subject to the restrictions described in these Terms.

You are not permitted to:

  • republish material from Tuneday (including republication on another website, except for the purpose of promoting use of Tuneday for example in social media);
  • sell, rent, license, sublicense, lease, distribute, copy, duplicate, publish or reproduce material from Tuneday and any material or any part thereof for use by any third party;
  • use any material in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable.

If you breach these Terms in any way then the licence granted to you will be automatically terminated upon such breach and we may take such action as we deem appropriate to deal with the breach, including suspending your access to Tuneday, prohibiting you from accessing Tuneday, blocking computers using your IP address from accessing Tuneday, contacting your internet service provider to request that they block your access to Tuneday and/or bringing court proceedings against you.

All material contained on Tuneday is and shall remain at all times the copyright of Tuneday Limited.

You must retain, and must not delete or remove all copyright notices and other proprietary notices placed by us on any material.

No Warranties

Tuneday is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to Tuneday or the information and material provided on Tuneday.

The content of the pages of Tuneday is for your general information and use only and it is subject to change without prior notice.

We do not warrant that Tuneday will be constantly available, or available at all; or that the information on Tuneday is complete, true, accurate or non-misleading.

Nothing on Tuneday constitutes, or is meant to constitute, advice of any kind. We do not provide any warranty as to the suitability of the information and material found or offered on Tuneday for any particular purpose. You understand and agree that Tuneday Limited is not liable or responsible for any product, service or opportunity offered by any user or third party on Tuneday. We do not assess or investigate the accuracy or identity of any posting or user and shall not be liable to you for any loss, damage or harm you may suffer as a result of using Tuneday or acquiring any product or service from a user or a third party posting on Tuneday.

Your use of any information or material on Tuneday is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, opportunities or information available through Tuneday meet your own specific requirements.

You acknowledge that information and material found or offered on Tuneday may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to Tuneday and the use of Tuneday (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations and Exclusions of Liability

To the extent that Tuneday and the information and services on Tuneday are provided, our liability to you in relation to the use of Tuneday or under or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, will be limited as follows: Tuneday Limited and its directors and employees will not be liable to you for any loss or damage of any nature whether arising directly or indirectly from the use of or reliance on information obtained from Tuneday; Tuneday Limited and its employees will not be liable for any consequential, indirect or special loss or damage and will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information.

Nothing in these Terms will limit or exclude our liability for death or personal injury resulting from negligence, limit or exclude our liability for fraud or fraudulent misrepresentation or limit any of our liabilities in any way that is not permitted under applicable law.

By using Tuneday, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use Tuneday.

Indemnity

If you breach these Terms you will be held fully responsible for any loss suffered by us as result of such breach and will be held accountable for all losses caused or profits gained by you from breaching these Terms.

You agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses) incurred or suffered by us arising out of any breach by you of any provision of these Terms.

Other websites

Tuneday may contain links to other websites that are not under the control of and are not maintained by us. We are not responsible for the content or reliability of the linked websites. We provide these links for your convenience only but do not endorse the material on those sites.

Waiver

The failure by us to enforce at any time or for any period any one or more of the Terms shall not be a waiver of them or the right at any time subsequently to enforce all Terms.

Severance

If any provision of these Terms shall be found by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect.

If any provision of these Terms is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.

Variation

We may revise these Terms from time-to-time.  Revised Terms will apply to the use of Tuneday from the date of the publication of the revised Terms on Tuneday.  Please check this page regularly to ensure you are familiar with the current version.

Exclusion of Third Party Rights

These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.

Entire Agreement

These Terms constitute the entire agreement between you and us in relation to your use of Tuneday, and supersede all previous agreements in respect of your use of Tuneday.

Jurisdiction and Governing Law

These Terms shall be governed by and construed in accordance with English law. Any dispute, claim or matter arising out of, or relating to, these Terms shall be subject to the exclusive jurisdiction of the English courts.

Privacy Policy

Introduction

We are committed to safeguarding the privacy of our users. This policy is designed to ensure that we safely handle your personal data in accordance with relevant regulations and legislation such as Data Protection Act 1998 and EU General Data Protection Regulations 2018 (the “Data Protection Regulations”).

This policy applies in those cases where we act as a data controller for the personal data of our website visitors and service users. This means those cases where we can decide the purposes and method of processing your personal data.

By using our website, you are agreeing to the terms of this policy.

These privacy rules explain what data we may collect from you, what we will do with that data and explains how you can limit the publication of your information and how you can choose whether or not you would like to receive direct marketing communications.
In this policy, “we”, “us” and “our” refer to Tuneday Limited. Further details about us can be found below, in section 10 of this Privacy Policy.

We reserve the right to update and make changes to this Privacy Policy from time to time. You should check back regularly to ensure that you are up to date with any changes to this policy. Any changes posted will have effect from the date of such posting.

How we use your personal data

In this Section 2 we set out:

  1. the general categories of personal data that we may process;
  2. the purposes for which we may process personal data; and
  3. the legal basis of the processing in each case.

We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your website or service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is either your specific consent or where we are not legally required to ask for consent, we may process this data for our legitimate interests, namely monitoring and improving our website and services.

We may process your account data (“account data“). The account data may include your name, email address, contact phone number and postal address. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is either your specific consent or where we are not legally required to ask for consent, we may process this data for our legitimate interests, namely monitoring and improving our website and services.

We may process information relating to transactions, if you purchase any goods and services or you enter into any other financial transactions with us through our website (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying goods or services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.

We may process any of your personal data identified in this policy where necessary for administrative purposes including in the exercise or defence of legal claims. The legal basis for this processing is our legitimate interests, namely for administrative record keeping, processing transactions and maintaining business records or for the protection and assertion of our legal rights.

If you supply any other person’s personal data to us, you must do so only if you have the authority of such person to do so and you must comply with any obligations imposed upon you under the Data Protection Regulations.

Providing your personal data to others

We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our holding company and its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.

We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or to exercise or defend legal claims.

We may pass your personal information to credit reference agencies or other agencies that provide services to verify your identity or for any other checks or searches required by legislation or our regulators relating to money laundering. These agencies may keep a record of any search that they do.

If you carry out financial transactions through our website, these services will be handled by our payment services providers. We share transaction data with our payment services providers to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

We may outsource or contract the provision of IT services to third parties. If we do, those third parties may hold and process your personal data. In these circumstances, we will require that the IT supplier only processes your personal data for us, as directed by us, and in accordance with the Data Protection Regulations.

If we sell all or part of our business, we may pass your personal data to the purchaser. In these circumstances, we will require the purchaser to contact you after completion of the sale to inform you of the identity of the purchaser.

In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your legal interests or the legal interests of another person.

International transfers of your personal data

In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

Unless such transfer is made with your consent, or is required in order to fulfil the terms of any services requested from us, we will not transfer any of your personal data to any country outside the EEA unless such transfer is to an organisation which provides adequate safeguards in compliance with the Data Protection Regulations.

You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

Retaining and deleting personal data

This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

Personal data that we process for any purpose shall not be kept for longer than is necessary for that purpose. This means that unless there is a good reason to do so we won’t keep your personal data more than 6 years after our business relationship has ended.

Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your legal interests or the legal interests of another person.

Amendments

We may update this policy from time to time by publishing a new version on our website.

You should check this page occasionally to ensure you are happy with any changes to this policy.

We may notify you of changes to this policy by email or through the private messaging system on our website.

Your rights

In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

Your principal rights under data protection law are:

  1. the right to access;
  2. the right to rectification;
  3. the right to erasure;
  4. the right to restrict processing;
  5. the right to object to processing;
  6. the right to data portability;
  7. the right to complain to a supervisory authority; and
  8. the right to withdraw consent.

You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data, as described below (clause 7.13).

You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To the extent that the legal basis for our processing of your personal data is:

  1. consent; or
  2. hat the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

You may request that we provide you with any personal information we hold about you. Provision of this information will be subject to the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

About cookies

A cookie is a small file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser asking permission to be placed on your computer’s hard drive. The file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

Cookies that we use

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our services in order to tailor them to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our services.

We may use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy can be found at the following web address: https://www.google.com/policies/privacy/.

Our details

Tuneday Limited is a company incorporated in England with company number 11452806 and whose registered office address is at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX.

You can contact us:

  • by post, to the postal address given above; or
  • by email, using the email address published on our website from time to time.