Terms of Service


The services offered by WaTunes.com (“WaTunes”) include the WaTunes.com website (the “Website”), the WaTunes Music Group Digital Distribution service, WaTunes Live, and any other features, content, or applications offered from time to time by WaTunes.com in connection with the WaTunes.com Website (collectively, “WaTunes services”). WaTunes.com Services are hosted in the United States of America.


This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of WaTunes.com. By using WaTunes.com services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse WaTunes.com) or you are a “Member” (which means that you have registered with WaTunes.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the WaTunes.com services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you must leave WaTunes.com and discontinue use of WaTunes services immediately. 


By accessing and using WaTunes, you accept and agree to be bound by the terms and provision of this Agreement. In addition, when using particular WaTunes services, you and WaTunes shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. WaTunes may also offer other services that are governed by different terms. 


If you wish to become a WaTunes Member, communicate with other Members, and make use of the WaTunes.com services, you agree to be bound by this Agreement as indicated by your acceptance of the terms herein during the Registration process. This Agreement includes WaTunes’ policy for acceptable use of WaTunes.com services and content posted on the Website, your rights, obligations and restrictions regarding your use of the WaTunes.com services and WaTunes's Privacy Policy, and your use or access to content beloning to third-parties. In order to participate in certain WaTunes.com services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. 


Unless otherwise provided by the additional terms and conditions applicable to the WaTunes.com services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: support@watunes.com, Subject: Terms of Use Agreement.


PART A: CONSUMER AS END USER TERMS OF SERVICE 

  1. Use of Content. All content, including content provided to you through WaTunes by third-parties, is provided to you, as “End User”, for your personal, non-commercial, entertainment use. Content includes, but is not limited to, musical works, sound recordings, audio/visual works, videos, films, samples, artwork, photos, pictures, electronic renderings of works including MIDI files, Flash files, Quicktime files, etc., software and applications.
  2. Content as Intellectual Property. All Content, including Content provided to you through WaTunes by third-parties, which is used, utilized or downloaded by you, embodies the intellectual property of others, as third parties, and is protected by law.
  3. Removal of Content. Content provided to you through WaTunes may, from time-to-time, be removed from WaTunes without notice.
  4. Permanent Downloads. Permanent downloads may be purchased individually, collectively as albums, or, in some cases, only in the form of albums. However, each purchase of a Permanent Download shall be deemed a final, nonrefundable sale. Once a Permanent Download is burned to a CD it may not be copied, distributed or transferred from that CD to any other media or device.
  5. Provisions As To Third-Party Provider “MediaNet”.

    1. Monitoring usage of the content provided to you entails the ongoing involvements of, and/or monitoring by, third party provider MediaNet and/or its licensors.
    2. You agree that your access of the MediaNet Service through WaTunes, including accessing and/or purchasing MediaNet Content, is acknowledgement of your acceptance of, and agreement to use the MediaNet Service in accordance with, MediaNet’s End User License Agreement (“EULA”), and that any other use of the MediaNet Service will constitute a breach of the EULA and may constitute a violation of law, including copyright infringement.
    3. Content provided through WaTunes by third-party provider MediaNet may not be used as a musical “ringer” in connections with phone calls.

PART B: DISTRIBUTION SERVICES TERMS OF SERVICE FOR ARTIST OR LABEL

  1. Artist & Label Distribution Agreement. The following are general guidelines for the terms of agreements between WaTunes, a subsidiary of Xeinge, LLC and you, as either an “Artist” or a “Label” seeking distribution of your works on WaTunes, (Hereinafter referred to in Part B as “You, as Artist and/or Label”) with regard to distributing content owned by, and original to, you, as Artist and/or Label.


  2. Grant Rights For Music. WaTunes will not use or distribute the content (including but not limited to: songs, soundtracks, albums, compilations, works, artwork, samples or any other protectable intellectual property) of any Artist or Label, without permission from the Artist, and/or Label. By use of this service, you, as Artist or Label, agree that WaTunes.com is given the non-exclusive right, and by use of this service grant a non-exclusive license, to distribute, publicize, advertise, and display, copies of any of works, songs, soundtracks, albums, photos, likenesses, promotional materials, samples and compilations that have been transferred to WaTunes by you, as Artist and/or Label. WaTunes is obligated to distribute within the best of its’ ability, and in the media format(s) it sees fit (included but not limited to, full tracks, ring tones, mobile phone services, videos etc.), for the sole purpose of this agreement.


  3. Paying Artist & Labels. You, as Artist and/or Label, must have a merchant account and banking account (such as checking/savings/credit) from a certified bank. For more protection we require that the Artist (Label) choose PayPal as their merchant account client. Other personal and/or business merchant accounts are not compatible with the payment agreement. WaTunes recommends using PayPal for online transfers for safety and security reasons. If you do not have a PayPal account, you, as Artist and/or Label must open a PayPal account to receive any royalties.


  4. Mobile Application Service Plan: By accepting this agreement, you, as Artist or Label, are entitled to earn 100% of the total revenue generated for all masters delivered to all iTunes services within the WaTunes network for free. You, as Artist or Label, will be paid within 60 days from the last day of each month with sale statistics and updates for their masters. Your payment, as Artist or Label, will to be paid via PayPal.


  5. Copyright Policy. WaTunes.com respects the intellectual property of others, and we ask our users to do the same. WaTunes.com has no responsibility for content on other web sites that you may find or access when using WaTunes products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not the WaTunes.com Terms of Service, govern your use of that material. It is WaTunes’ policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of WaTunes.com and/or others. WaTunes also deserves the right to withhold royalties from users who repeatedly infringe the copyrights or other intellectual property rights of WaTunes.com and/or others. If you, as Artist and/or Label believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated by a user of WaTunes, please contact our Business & Legal Affairs at: legal@watunes.com with the topic “Copyright Infringement” to notify us for investigation.


  6. Digital Rights Policy. By accepting this agreement, you, as Artist or Label, are obligated to provide Proof of Authorization of the material within 3 business days during a Digital Rights Dispute (DRD) filed on the behalf of the material. Failure to provide Proof of Authorization of the material will result in an immediate removal of the material. It is WaTunes’ policy, in appropriate circumstances and at its discretion, to disable and/or terminate any materials without immediate notice from all acting music store services.

PART C: GENERAL TERMS AND DEFINITIONS APPLICABLE TO ENTIRE AGREEMENT

  1. Capacity to Contract. In consideration of your use of the WaTunes, you represent that you are of legal age to form a binding contract, and are not a person barred from receiving WaTunes services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by WaTunes registration forms and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

  2. Entire Agreement. This Agreement constitutes the entire agreement between you and WaTunes and governs your use of WaTunes services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WaTunes services, affiliate services, third-party content or third-party software.

  3. Modifications to Agreement. This agreement may be modified at any time by WaTunes without notice.

  4. Availability and Price. The availability and prices of content are subject to change without notice.

  5. WaTunes Trademark. You may not use WaTunes’ trademarks under any circumstance without the prior written approval of Xeinge.

  6. Protection of Rights. You agree to comply with all applicable laws, including copyright law, in your use of any content you use, download, upload or access through WaTunes, and you agree to protect the applicable rights of owners of such content. Any copying, reproduction, redistribution, transmission, sale, broadcast, public performance, rental or lending, adaptation, sub license, modification, promotion or other use of content, including, without limitation, any use that requires a synchronization license with respect to the underlying musical composition, without the prior written consent of the copyright owner, is a violation of the law and is expressly prohibited. Other than as expressly set forth herein, copying, sharing or transferring of non-public domain content in which you do not have a copyright, possessory interest, or license, is expressly prohibited.

  7. No Modifications to Content or Software. You agree that you will not attempt to modify any content, or any software, including content or software of any third-party obtained through WaTunes, for any reason whatsoever, including for the purpose of disguising ownership or source of the content.

  8. Indemnification. You agree to indemnify and hold WaTunes and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through WaTunes, your use of the WaTunes services, your connection to WaTunes, your violation of this Agreement, or your violation of any rights of another.

  9. Limitation of Liability. You expressly understand and agree that WaTunes and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (a) the use or the inability to use WaTunes; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on WaTunes; or (e) any other matter relating to the WaTunes. Neither owners of content, nor third-party providers of content will be liable for any indirect, incidental, punitive, special or consequential damages or any kind arising from the use of WaTunes, the use of any third-party service or content provider, or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages.

  10. No Warranties. WaTunes service, provided content and other information, materials and products included on or otherwise made available to you through WaTunes, including services, content, information, materials and products provided by or through third-parties, are provided “as is” and “as available”, without warranties of any kind. To the full extent permissible by applicable law, any and all potential warranties of merchantability and fitness for a particular purpose and hereby disclaimed. Further, no guarantees are made that any content, software, information, materials or products included on or otherwise made available to you through WaTunes are free of viruses or other harmful components.

  11. Force Majure. Neither party shall have any liability under, or be deemed to be in breach of this agreement for any delays or failures in performance, which results from circumstances beyond the reasonable control of either party. Force Major shall be understood to include, but not limited to, any damage or delay caused by acts of God, acts or regulations or decrees of any government, natural phenomena such as earthquakes, floods, fires, riots, wars, lockouts, or other causes unforeseeable and beyond the reasonable control of the parties. 

  12. Governing Law/Jurisdiction. This agreement shall be constructed in accordance with the law of the State of New York. The parties agree that any suit, action or proceeding arising out of or relating to this agreement shall be brought before a court of competent jurisdiction in the City and State of New York New York, in the United States of America.

  13. Definitions:
  1. “Permanent Download” (used as a noun) means a non-expiring complete digital copy of a Sound Recording, available on an a la carte basis delivered to you and End User.
  2. “Samples” are thirty (30) second streams of Sound Recordings accessible by you as the End User through Applications for the purpose of purchasing Permanent Downloads.
  3. “Artwork” means all artwork made available, including, without limitation, front cover album artwork (or corresponding artwork for singles and other non album configurations) for Permanent Downloads and Samples and artist images.

Updated: April 27th, 2010