Terms Of Use

Terms and Conditions
Agreement between user and daystune.com
Welcome to daystune.com. The daystune.com website (the “Site”) is comprised of
various web pages operated by DaysTune (“DaysTune”). daystune.com is offered to you
conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the “Terms”). Your use of daystune.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them
for your reference.

daystune.com is a Blog Site
DaysTune is a music and entertaiment blog which features a “Today’s Song” for our
visitors, twitter and facebook followers. We present reviews, news, videos, articles,
opinions and more surrounding the songs and artists that are featured. Included in our site
is news and information pertaining to music and it’s artists.

Privacy
Your use of daystune.com is subject to DaysTune’s Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection
practices.

Electronic Communications
Visiting daystune.com or sending emails to DaysTune constitutes electronic
communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communications be in writing.
DaysTune does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use daystune.com only
with permission of a parent or guardian.

Links to third party sites/Third party services
daystune.com may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of DaysTune and DaysTune is not responsible for the contents of
any Linked Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. DaysTune is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by DaysTune of
the site or any association with its operators.
Certain services made available via daystune.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
daystune.com domain, you hereby acknowledge and consent that DaysTune may share
such information and data with any third party with whom DaysTune has a contractual
relationship to provide the requested product, service or functionality on behalf of
daystune.com users and customers.

No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
daystune.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to DaysTune that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which
could damage, disable, overburden, or impair the Site or interfere with any other party’s
use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through
the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well
as the compilation thereof, and any software used on the Site, is the property of
DaysTune or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions contained in any
such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or
sale, create derivative works, or in any way exploit any of the content, in whole or in part,
found on the Site. DaysTune content is not for resale. Your use of the Site does not entitle
you to make any unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content. You will use
protected content solely for your personal use, and will make no other use of the content
without the express written permission of DaysTune and the copyright owner. You agree
that you do not acquire any ownership rights in any protected content. We do not grant
you any licenses, express or implied, to the intellectual property of DaysTune or our
licensors except as expressly authorized by these Terms.

Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at large or with a group
(collectively, “Communication Services”), you agree to use the Communication Services
only to post, send and receive messages and material that are proper and related to the
particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information; upload files that contain software or other
material protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another’s computer; advertise or offer to sell
or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid
schemes or chain letters; download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material
contained in a file that is uploaded, restrict or inhibit any other user from using and
enjoying the Communication Services; violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service; harvest or otherwise
collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.

DaysTune has no obligation to monitor the Communication Services. However,
DaysTune reserves the right to review materials posted to a Communication Service and
to remove any materials in its sole discretion. DaysTune reserves the right to terminate
your access to any or all of the Communication Services at any time without notice for
any reason whatsoever.

DaysTune reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, in
DaysTune’s sole discretion.

Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. DaysTune does not control or
endorse the content, messages or information found in any Communication Service and,
therefore, DaysTune specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your participation in any
Communication Service. Managers and hosts are not authorized DaysTune
spokespersons, and their views do not necessarily reflect those of DaysTune.
Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to such
limitations if you upload the materials.

Materials provided to daystune.com or posted on any DaysTune web page
DaysTune does not claim ownership of the materials you provide to daystune.com
(including feedback and suggestions) or post, upload, input or submit to any DaysTune
Site or our associated services (collectively “Submissions”). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting
DaysTune, our affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided
herein. DaysTune is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in DaysTune’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.

Third Party Accounts
You will be able to connect your DaysTune account to third party accounts. By
connecting your DaysTune account to your third party account, you acknowledge and
agree that you are consenting to the continuous release of information about you to others
(in accordance with your privacy settings on those third party sites). If you do not want
information about you to be shared in this manner, do not use this feature.

International Users
The Service is controlled, operated and administered by DaysTune from our offices
within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the
DaysTune Content accessed through daystune.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless DaysTune, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorneys’ fees) relating to or arising out of your use of or inability
to use the Site or services, any user postings made by you, your violation of any terms of
this Agreement or your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. DaysTune reserves the right, at its own cost, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with DaysTune in
asserting any available defenses.

Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. DAYSTUNE AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DAYSTUNE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. DAYSTUNE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL DAYSTUNE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DAYSTUNE OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.

Termination/access restriction
DaysTune reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum
extent permitted by law, this agreement is governed by the laws of the State of Maryland
and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in
all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these Terms, including,
without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists
between you and DaysTune as a result of this agreement or use of the Site. DaysTune’s
performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of DaysTune’s right to comply with
governmental, court and law enforcement requests or requirements relating to your use of
the Site or information provided to or gathered by DaysTune with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement
between the user and DaysTune with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written,
between the user and DaysTune with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same extent an
d subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.

Changes to Terms
DaysTune reserves the right, in its sole discretion, to change the Terms under which
daystune.com is offered. The most current version of the Terms will supersede all
previous versions. DaysTune encourages you to periodically review the Terms to stay
informed of our updates.

Contact Us
DaysTune welcomes your questions or comments regarding the Terms:
DaysTune
_________________
Stevensville, Maryland 21666
Email Address:
[email protected]
Telephone number:
_________________
Effective as of June 01, 2013