FineTune is owned and operated by FineTune Creative Inc.
These are the terms and conditions for:
By accessing and registering on the FineTune platform, you agree to be bound by these terms and conditions and our Privacy Policy . If you do not accept all of these Terms, then you may not use our platform and services. In these “terms”, "we", "us", "our" and "FineTune" refers to FineTune and "you" and “your" refers to you, the user of our platform.
The use of the platform means that you agree to these terms and conditions as set out below ("Terms"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
You may use the platform and services only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of this platform for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. FineTune may, in its sole discretion, refuse use of the platform to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the platform is revoked in such jurisdictions.
By using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
If you wish to register as a user for the purpose of using the platform and the functionalities available on the platform, you must read this agreement and indicate your acceptance during the registration process. In consideration of your use of the platform, you agree and undertake to provide true, accurate, current and complete information about yourself as prompted by the registration form available on FineTune and to maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FineTune reserves the right to suspend or terminate your account and refuse any and all current or future use of the platform at any time and without any prior notice.
Users may share personal, professional and business information through their profile with other users. Any information that users provide and share through the platform is the sole responsibility of the users themselves. Users are free to provide and share information, but are responsible for the use of such information, its publication and disclosure. FineTune is not responsible for the information provided and shared by users through the platform.
If you register on FineTune, you will be required to choose a password, and you may be asked for additional information regarding your account. Users will be able to register through the user's social media accounts. Users will be able to register and log in through their Google and Facebook accounts. By registering and logging in through social media accounts, the user agrees that we may collect information through the social media accounts that the user links to for the sole and exclusive purpose of logging into the platform and creating an account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify FineTune of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from FineTune. FineTune will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing FineTune with your email address and phone number you consent to our use of your email address to send you notices about the platform. We may also use your email address and phone number to send you notifications, push notifications and other messages, such as changes to service features, news, and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special content.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to FineTune.
FineTune reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if FineTune believes that you have breached any of these terms, furnished FineTune with false or misleading information, or interfered with use of the platform or the service by others.
FineTune gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by FineTune as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by FineTune, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the FineTune platform or third parties.
This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (5) distribute intellectual property without ownership or a license to distribute such property (6) Breach, in any way, the terms of service, privacy policy or rules of this web site or the recipients.
FineTune reserves the right to terminate your access immediately, with or without notice, and without liability to you, if FineTune believes that you have violated any of these terms or interfered with the use of the platform or service by others.
Through the "Link Up" function available in the application, users will be able to create and participate in auditions to other users through the platform.
If you are looking for a specific type of musician, instrument, creative or engineer for your project or band, you can create an audition call based on the selected location and receive auditions from interested musicians (registered users) through video and audio files provided through the platform.
The audition creators will have 3 options (No", "Later" and "Go") for each video or file sent by the audition call participants.
If you choose to reject an audition or video, simply choose "No" and a message will automatically be sent to the user that they have not been selected for the audition. If you decide that the video meets your expectations and needs, you should choose "Go" and then “This is the one”, you will automatically be sent a notification that you have been selected for the audition. All other participating users who were not selected will automatically be notified. This way you can filter and choose the right one for you easily and accurately. The "Later" option allows you to save a video to choose and make the decision at a later time.
The content provided through the audition calls will be stored and used in accordance with our privacy policy. By providing content through audition calls, you agree that we may collect, store and use your content in accordance with our privacy policy.
Through the platform FineTune may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, FineTune does not endorse, guarantee or commit its responsibility for the services and / or products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties.
Users may provide content through the platform. FineTune assumes no liability for material provided by users. FineTune assumes no responsibility if the content provided by users infringes the copyrights of any third party.
The services posted by users on the platform are not offered or provided by FineTune. The services of FineTune are limited to providing the platform where users can register and share content. FineTune is not responsible at any time for the services offered by users through its content.
FineTune is not responsible for the accuracy, security or legality of the services or content posted on FineTune by users. FineTune does not represent the services of registered users. The purchase of services or any transaction made between users is the sole responsibility of the users.
Disputes arising between users will be resolved by the users themselves. FineTune does not accept any claim in relation to the services contained in the platform published by the users.
FineTune is not liable for damages to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of communications established on the platform of FineTune. Communications and relationships established between users as a result of any connection within the FineTune platform are the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiates any type of claim or legal action against another user or users, each and every user involved in such claims or actions releases FineTune from any liability.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
All content included on the website and platform, such as text, graphics, logos, images, videos, audio clips, data compilations and software, is the property of FineTune and its user content providers and is protected by international copyright laws. The compilation of all content on the website and platform is the exclusive property of FineTune and its user content providers and is protected by international copyright laws. All software used on this platform is the property of FineTune or its software suppliers and is protected by international copyright laws.
Users can publish and share content through the platform. By posting your content through FineTune, you agree and consent that your content may be publicly displayed on the platform and may be shared by other users of the platform. By posting and sharing your content and the content of other users, you also agree not to modify or remove, directly or indirectly, any copyright, trade name, service mark, trademark or any other property displayed in the content available on FineTune. Any alteration or use of the content outside the guidelines of these terms violates intellectual property rights and may be subject to claims or lawsuits. By accessing our platform, you do not have any right or title to the content available or other intellectual property.
FineTune will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act. FineTune respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the "FineTune" website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act, via our contact information, with the following information:
Upon receipt of a request for copyright infringement under the Copyright Act, FineTune will contact the allegedly infringing user so that the user may respond to the request in accordance with the terms contained in the Digital Millennium Copyright Act.
Responses to copyright infringement requests from alleged infringing users should contain the following:
In the event that the alleged infringing user does not respond to the copyright infringement request and the alleged copyright owner is able to satisfactorily demonstrate ownership of such copyright in the content and requests removal of such content from the website, FineTune will remove the content from the website and platform immediately.
All copyright infringement requests and responses may be submitted through our contact information.
Certain features of the platform allow users to upload content, which can be composed of messages, audio, images, video, text and others, and publish that user content on the platform. The user retains any copyrights he may have on the user content he publishes on the platform. However, we need some permission from you to publish the content. FineTune is not responsible for the accuracy, security or legality of user content published on the platform. Users are solely and exclusively responsible for their content and the consequences of publishing their content on the platform. FineTune, nor its directors, agents, employees and partners shall have any responsibility for the content published by users on the platform.
By providing, publishing and sharing content through the platform, you grant FineTune a worldwide, non-exclusive, royalty-free and fully paid (with the right to sublicense) right and license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting to display and distribute your user content, in whole or in part on the platform and through any media channel.
FineTune disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the platform. By providing user content via the platform, you affirm, represent, and warrant that:
We are under no obligation to edit or control user content that you or other users post or publish, and will not be in any way responsible or liable for user content. FineTune may, however, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against FineTune with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, FineTune does not permit copyright-infringing activities on the service.
FineTune does not control and does not have any obligation to monitor: (a) User content; (ii) Any content made available by third parties; or (iii) the use of the services by its users. You acknowledge and agree that FineTune reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time FineTune chooses to monitor the content, FineTune still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
We do not guarantee that the information available on the platform is accurate, complete or updated. The content of this platform is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this platform is at your own risk.
The content and information available on the platform (including, but not limited to, data, information, text, sound, photos, graphics, video, icons or other material), as well as the infrastructure used to provide such content and information, is the property of FineTune or the respective users content providers. Based on this information, the following activities are prohibited:
FineTune will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet FineTune provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our platform may from time to time contain links to other platforms which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse FineTune for any loss or damage caused as a result.
FineTune will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, FineTune excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to FineTune and FineTune shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any dealings with third parties included within or on FineTune involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. FineTune is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on FineTune does not constitute an endorsement or recommendation of such third party or the product or services of such third party by FineTune or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on FineTune is provided to you for informational purposes only. FineTune encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While FineTune works to ensure the information on FineTune is current and accurate.
You understand that FineTune and software embodied within FineTune may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by FineTune and/or content providers who provide content to FineTune platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into FineTune.
No responsibility will be accepted by FineTune for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify FineTune from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
Any personal information you post on or otherwise submit in connection with the services and the use of the platform, will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FineTune without restriction.
This agreement together with the Privacy Policy and any other legal notices published by FineTune, shall constitute the entire agreement between you and FineTune concerning and governs your use of the platform.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform shall be resolved by binding arbitration between you and FineTune, except that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the use of the platform or breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate formal dispute proceedings by sending us a communication through our contact information. FineTune may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.
These conditions are governed by the laws of Israel. Use of our platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
If you have questions or concerns about these Terms, please contact us through our contact page or via the contact information below:
FineTune Creative Inc. finetuneapp@gmail.com