User agreement

 

This Terms of User Agreement derives from the GazZup Terms of Service agreement and governs the relationship between Tunezup (“we”, “us”, “our”, the “Website”), a website created using GazZup (“its”) services, and you (“User”, “your”).

To become an active member of Tunezup.com, you have to accept our User Agreement, Privacy and Cookie Policies. At this moment they are only available in English. If you have any questions about our legal agreements and policies please do not hesitate to contact us. Please notice that you are responsible for regularly reviewing any updates to this Agreement. If you do not agree to any of these Terms, then please leave the Website.

  1. Tunezup Account.
    For active participation on Tunezup.com you need to create an account and provide us with your information, including your personal data, contact information and a valid email address.

    You can choose 3 types of accounts: personal, club, and company.

    By creating your account you understand and agree that:
    • each User can have only one account. If you make more than one account, we reserve the right to remove all of the user’s accounts and content and block your access for future use.

    • you will not use our Website if you are under 13. Your account may be terminated without warning if we believe that you are less than 13 years of age.

    • you will not provide us with false personal information.

    • all registration information you submit is truthful and accurate.

    • you will keep your password secure.

    • your use of Tunezup does not violate any applicable laws or regulations.


    Tunezup has the right to block any User’s account at any time and/or temporarily or completely delete the account of any specific User with or without notice to User for any or no reason, or if Tunezup determines, in its sole discretion, that User acts in contradiction to these Terms.

  2. User Content.
    Everything that you post, upload or otherwise make available on Tunezup.com, is referred to as “User content”. You are solely responsible for your conduct and your content or materials, such as data, texts, files, photos, logos, graphics, videos, information, etc. We are not responsible for checking and taking measures to control of all User content. If User content is defined by other Tunezup users as abusive or otherwise violates these Terms, Tunezup might take appropriate measures.

  3. Prohibited Use.
    You may not, under any circumstances, add illegal or offensive content (“Prohibited content”) on Tunezup .com. The following is the partial list of Prohibited content and activities, which includes, but is not limited to:
    • intellectual property rights infringements;

    • consumer protection law breaches;

    • click fraud;

    • privacy-invading material;

    • terrorism related content;

    • content constituted or contributed to a crime or tort;

    • discrimination, based on incitement to hatred towards individuals or groups because of their race, religion, sexual preference or other social/cultural factors;

    • child abuse content;

    • pornographic content, or that contains nudity, advertising for adult content or violence;

    • defamatory material.


  4. Tunezup License and Privacy.
    By adding your content to our website, you grant us, GazZup and other third parties belonging to Tunezup and GazZup, a license, unlimited in time and conditions, to use this content or its part in any form, by any means and for any purpose that is not unlawful according to European law (e.g. for the further public distribution, copying, retention etc.).

    Any information that you provide to Tunezup is subject to the Tunezup Privacy Policy, which explains why we store your information, including your personal data, how we treat it and how we protect your privacy when you use our website. We care about the privacy of our Users. Your personal information, data, statements and content may be stored and processed, including the transfer of this information to different countries, in accordance with our Privacy Policy.

    In case of conflict between the rules of confidentiality and these Terms, these Terms will have an advantage.

  5. Third party content.
    You acknowledge and agree that you have full responsibility and liability for using and accessing any third party websites, their content, services and products and all related links, that are governed solely by the Terms of use and conditions of such third party websites. Tunezup as well as GazZup are not liable for any damage or loss caused or alleged to be caused by/in connection with use of or reliance on any such content, products, available on/through any third party websites or resources.

    If there any dispute takes place between you and any third party, Tunezup and/or GazZup are under no obligation to become involved. You irrevocably waive any claim against us, GazZup, our and its officers, directors, employees, successors and agents with respect to such third party websites.

  6. Termination.
    This agreement will begin (from when you will be legally bound by the Terms of this document) in accordance with the Registration date (the date when you register on Tunezup.com).

    This agreement may be terminated by you any time for any or no reason by deleting your account. Tunezup has the right with or without notice for any or no reason or if we determine, in our sole discretion, that you have failed to comply with any of the Terms of this Agreement to suspend or terminate the access to your account, or delete all information that was posted or added by you on our website.

  7. Warranty Disclaimer.
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    YOUR USE OF THE WEBSITE, INCLUDING ALL SERVICES, MATERIALS, ADDONS, PRODUCTS, CONTAINED IN OR OFFERED THROUGH GAZZUP.COM, ITS SUB-WEBSITES, INCLUDING Tunezup.com, AS WELL AS THIRD PARTY WEBSITES IS AT YOUR SOLE RESPONSIBILITY AND RISK. Tunezup.com AND/OR GAZZUP.COM, OUR AND ITS SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ALL WARRANTIES OFANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

    Tunezup AND/OR GAZZUP, OUR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, PARTNERS, AFFILIATES, LICENSORS AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING COMPLETENESS, RELIABILITY, UNINTERRUPTIBILITY, FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, LEGALITY, ACCURACY, QUALITY, USEFULNESS, SECURITY, PERFORMANCE, AND SUITABILITY OF THE WEBSITE, OUR SERVICES AND MATERIALS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR OTHERWISE OBTAINING OF ANY SERVICES, MATERIALS, SOFTWARE, AS WELL AS, THIRD PARTY CONTENT. YOU ACKNOWLEDGE THAT Tunezup AS WELL AS GAZZUP SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND FOR THE RISK OF HARM OR DAMAGE FROM THE FOREGOING.

    WE MAKE NO WARRANTIES AND REPRESENTATIONS THAT Tunezup.com AND/OR GAZZUP.COM, OUR AND ITS SERVICES AND MATERIALS ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

  8. Limitation of Liability.
    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN AGREEMENT, TORT, NEGLIGENCE OR OTHERWISE, Tunezup AND/OR GAZZUP, OUR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, PARTNERS, AFFILIATES, LICENSORS AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, ICIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA ON YOUR COMPUTER OR OTHERWISE, LOSS OF GOODWILL, SALES OR BUSINESS) ARISING FROM/IN CONNECTION WITH USE OF THE WEBSITE, THE SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON/THROUGH THE WEBSITE (EVEN IF Tunezup AS WELL AS GAZZUP HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

  9. Indemnification.
    You agree to indemnify, defend and hold harmless Tunezup and/or GazZup, our and its directors, officers, employees, successors, agents, and affiliates from and against any or all liability, obligations, claims, proceedings, demands, damages, losses, expenses, debts or costs (including but not limited to attorneys' fees), arising from or related to: 1) use of your account on Tunezup.com, including the services and all materials, which are available through the Website; 2) use of GazZup.com and its sub-website(s); 3) use of any third party content; 4) your content; and 5) breach or violation of this Agreement or / and third party rights by you or anyone utilizing your account.

  10. Amendments.
    GazZup reserves the right, in its sole discretion, to amend, add, modify and change any part of this Agreement at any time, effective upon the date of the changes. We will notify you about the changes of this Agreement by posting a notice on the Website. In this regard, we encourage you to visit this page periodically to monitor any changes. Your continued use of this Website, following the posting of any changes, will signify your acceptance of those changes. The revised version will apply to you immediately if you are the User who registers or first uses the websites on or after the posting of the revised version.

  11. Trademark and/or copyright infringement.
    GazZup supports protection of intellectual property. If you believe that your copyrighted works are infringed and you would like to submit a trademark claim for violation of trademark or service mark, registered by you, and/or a copyright claim for material, on which you hold a bona fide copyright, you may send us a notification of claimed copyright infringement.

  12. Governing Law and Jurisdiction.
    These Terms, any actions related thereto, including but not limited to their interpretation and any disputes arising out of it shall be governed by the substantive and procedural laws of the Netherlands, without regard to or application of its conflict of law provisions country of residence. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state courts located in the Netherlands and you hereby submit to the personal jurisdiction of such courts for the purpose of resolving any dispute relating to these Terms or access to or use of the services by you.

  13. Sending Emails.
    We use emails to communicate with you and to send information that you have requested. We also provide email links, as on our "Contact" page, to allow you to contact us directly. We strive to promptly reply to your messages.

    The information you send to us may be stored and used to improve this Website, GazZup.com and its services, or it may be reviewed and discarded.

  14. General.
    You agree to comply with all agreements, policies and legal notices applicable to Tunezup.com, GazZup.com, and those of our third party Paid Service providers, whose policies are either posted on the Sites or provided to you by a link in these Terms of Service. In addition, you agree to comply with all applicable laws. The failure of Tunezup and/or GazZup to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

    The parties are independent contractors with respect to each other. This Agreement does not confer any third party beneficiary rights. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part, without our prior written consent. You need to notice that your account(s) are non-transferable. We may assign this Agreement, in whole or in part, at our sole discretion without your consent and without notice. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations. If you do not comply with these Terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

    A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to, wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any “act of God”.

    A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  15. Contact information.
    If you have any questions or suggestions regarding our Terms of User Agreement please contact GazZup.


Skype : GazZup-Support
Telephone : +31 77 355 6180
Email : GazZup-Support@GazZup.com

All correspondence should be sent to:
Craenakker 3, 5951 CC, Venlo-Belfeld, Netherlands