Terms of Service

1. Acceptance of Terms

Welcome to Tunes On Top! These Terms of Service ("Terms") govern your access to and use of the Tunes On Top website located at tunesontop.com (the "Site") and all related services, features, and content provided by Tunes On Top, LLC ("Tunes On Top," "we," "us," or "our").

By accessing or using our Site and services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

We reserve the right to modify these Terms at any time. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.

2. Description of Services

Tunes On Top provides marketing tools and services designed for independent artists, including but not limited to:

• AI-powered music video creation
• Social media content generation and management
• Artist CRM and fan engagement tools
• Email marketing automation
• Analytics and performance tracking
• Educational resources and training materials
• Consulting and strategy services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password
• Not share your account credentials with others
• Notify us immediately of any unauthorized access or security breach
• Log out of your account at the end of each session

3.3 Account Eligibility

You must be at least 18 years old to create an account and use our services. By creating an account, you represent and warrant that you meet this age requirement.

4. User Content and Conduct

4.1 User Content

You may upload, submit, or otherwise make available content through our services ("User Content"), including but not limited to music files, images, videos, text, and other materials.

By submitting User Content, you grant Tunes On Top a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, and display your User Content solely for the purpose of providing and improving our services.

4.2 Content Restrictions

You agree not to upload, post, or transmit any User Content that:

• Infringes on any intellectual property rights of others
• Is unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene
• Contains viruses, malware, or other harmful code
• Violates any applicable laws or regulations
• Impersonates any person or entity
• Contains personal information of others without consent
• Is spam or unsolicited advertising

4.3 Content Monitoring

We reserve the right, but are not obligated, to monitor, review, and remove any User Content that violates these Terms or is otherwise objectionable.

4.4 Prohibited Conduct

You agree not to:

• Use our services for any illegal or unauthorized purpose
• Interfere with or disrupt the operation of our services
• Attempt to gain unauthorized access to our systems or networks
• Use automated systems (bots, scrapers) to access our services
• Reverse engineer, decompile, or disassemble any part of our services
• Remove or modify any copyright, trademark, or proprietary notices
• Resell or redistribute our services without authorization

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of our Site and services, including but not limited to text, graphics, logos, images, software, and designs, are owned by Tunes On Top or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

5.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your personal or commercial use as an artist, subject to these Terms.

5.3 Trademarks

"Tunes On Top" and our logo are trademarks of Tunes On Top, LLC. You may not use our trademarks without our prior written consent. For more information, see our Copyright Policy.

5.4 User Ownership

You retain all ownership rights to your User Content. However, you grant us the necessary licenses to provide our services as described in Section 4.1.

6. Payment and Billing

6.1 Fees

Certain features of our services may require payment of fees. All fees are stated in U.S. dollars and are non-refundable unless otherwise specified.

6.2 Subscription Plans

If you subscribe to a paid plan, you will be billed on a recurring basis (monthly or annually, depending on your selection) until you cancel your subscription.

6.3 Payment Methods

You agree to provide valid payment information and authorize us to charge your payment method for all fees incurred. You are responsible for keeping your payment information up to date.

6.4 Price Changes

We reserve the right to change our pricing at any time. We will provide you with reasonable advance notice of any price changes, and the changes will take effect at the start of your next billing cycle.

6.5 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial subscription periods, except as required by law or at our sole discretion.

7. Termination and Suspension

7.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings.

7.2 Termination by Us

We reserve the right to suspend or terminate your account and access to our services at any time, with or without cause, with or without notice, including if we believe you have violated these Terms.

7.3 Effect of Termination

Upon termination, your right to use our services will immediately cease. We may delete your account and User Content, although some information may be retained for legal or business purposes.

8. Disclaimers and Limitations of Liability

8.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

8.2 No Guarantee of Results

We do not guarantee any specific results from the use of our services, including but not limited to increased sales, streams, followers, or other metrics.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUNES ON TOP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) our services
• Any conduct or content of any third party on our services
• Any unauthorized access, use, or alteration of your content
• Any other matter relating to our services

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

9. Indemnification

You agree to indemnify, defend, and hold harmless Tunes On Top and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of our services
• Your violation of these Terms
• Your User Content
• Your violation of any third-party rights, including intellectual property rights

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

10.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

10.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our Site, constitute the entire agreement between you and Tunes On Top regarding your use of our services.

11.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

11.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

11.5 Third-Party Links

Our services may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party sites.

12. Contact Information

If you have any questions about these Terms or our services, please contact us: