Tunefind API Terms of Use

We're delighted that you're interested in developing on the Tunefind platform. We believe music discovery through television and movies enriches both the music industry as well as the television and movie industries. By using this API, you and any company you represent or work on behalf of, agree to be bound by the terms and conditions herein.

It is very important that you read this agreement as it is a legal agreement between You and Tunefind LLC. In addition to this API Terms of Use, both our Tunefind Terms of Use and Tunefind Privacy Policy are incorporated by reference.

If you disagree with anything in these Terms, Tunefind does not grant you a license to use the API and you may not use the API.

Tunefind reserves the right, with or without notice to you, to changes these Terms in our sole and absolute discretion.

1. Description

1.1. Description of API and Content If you get it from us, it's covered. The API includes the API documentation, any code, or any other tools we provide to you to facilitate the display of Tunefind Content. Content includes information you get from Tunefind via the API. This includes, but is not necessarily limited to: song titles, album titles, artist names, song purchase links, scene descriptions and the relationship of that data to episode names, episode numbers, season numbers, show names, and movie names. Your Application is the software, website, mobile application, or other means of conveyance which will display Content provided by Tunefind.

1.2. Access An API Username and Password are required to use the API. You may not transfer, sublicense, assign, or otherwise disclose your API Username and Password to any other party than that who initially applied for the API access. You are fully responsible for all activity that occur using your API Username and Password. Tunefind maintains the right to cancel your account for any reason or no reason at all without any prior notice.

1.3. Modifications Tunefind has the right change the API. Tunefind does not have an obligation to support previous versions of the API. We reserve the right to charge for all versions of the API.

1.4. Support Tunefind has no obligation to provide you or your users with support.

1.5. Monitoring Use of the API You agree to provide us with access to your Application and/or other materials related to your use of the API as reasonably requested by us to verify your compliance with these Terms and as may be necessary to audit your use, display and storage of the Content. You agree that we may crawl or otherwise monitor online Applications and you agree not to block or interfere with such efforts by Tunefind.

1.6. Usage Limitations Tunefind may limit the rate at which your Application accesses the API in accordance with your plan level. Default rates are maintained on the API documentation and may be changed at any time.

1.7. Intellectual Property Subscribers at the Business and Enterprise plan levels may utilize Tunefind data without attribution. Subscribers at the Starter and Developer plan levels must acknowledge in your Application that the song data is used under license from Tunefind LLC.

"Tunefind" is a trademark of Tunefind LLC and may not otherwise be used without prior written permission.

1.8. No Circumvention Unless you are subscribed to the Business or Enterprise plans, you may not circumvent Tunefind song purchase links. If you display song names which are linked, that link must be to one of the song URLs provided by the API.

1.9. Content Storage Restrictions You and your Application may not store Content, including caching, for more than 24 hours. You may not transfer data outside your Application.

2. License to Tunefind

You hereby grant Tunefind a non-exclusive license to display the trade names, trademarks, service marks, logos, copyright notices, domain names, and other distinctive brands associated with you and your Application for the purpose of promoting or advertising that you use the API, or for inclusion in a directory at Tunefind’s sole discretion.

3. Proprietary Rights and License

3.1. Tunefind Property As between you and Tunefind, Tunefind retains all right, title and interest, including without limitation all intellectual property rights, in and to, (a) the API and any and all elements and components thereof, including content, technology, software, code, user interfaces, and any derivatives works and/or compilations thereof or relating to; (b) the Content available through the API; (c) the Tunefind Brands, and (d) any feedback (including suggestions comments, improvements, ideas, etc.), about the Tunefind services, the Content, the API, or any applications Tunefind may be developing ("Feedback") ((a), (b), (c) and (d) collectively the "Tunefind Property"). You agree to take such actions, including, without limitation, execution of affidavits or other documents, as Tunefind may reasonably request to effect, perfect or confirm Tunefind's rights to the Tunefind Property.

3.2. License You do not have any right, title, or interest in Tunefind property except as documented in this agreement. Subject to your compliance with this agreement, and only during the term of this agreement, Tunefind grants you a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to access and use the API solely to develop, test, display, distribute and execute your Application. You will not, and will not permit any person, directly or indirectly, to reverse engineer, disassemble, reconstruct, decompile, translate, modify, copy, or, other than as explicitly permitted hereunder, create derivative works of the APIs or any other portion of the Tunefind website.

3.3. Tunefind Development You understand and acknowledge that Tunefind may be independently creating products or services similar to your Application. Nothing in these terms will restrict us or prevent us from doing so and if we do so, we will have no obligation to you. If you provide us feedback, we may use that feedback without obligation to you.

4. Indemnity

You agree to hold harmless and indemnify Tunefind LLC, and its subsidiaries, affiliates and licensors, and their respective officers, agents, and employees, advertisers or partners, from and against any claim arising from or in any way related to your use of any Tunefind Property, violation of these Terms of Use, violation of applicable laws and regulations, including, without limitation, privacy laws, or any other actions or claims connected with or related to your Application and/or use of Tunefind services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

5. Warranties

Tunefind makes no warranty as to the accuracy, completeness of Content, nor the availability of the API. In short, use it at your own risk.

6. Limitation of Liability

YOU AGREE TO THE FOLLOWING LIMITATION OF LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TUNEFIND SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TUNEFIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE TUNEFIND PROPERTY OR TUNEFIND SERVICES; (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 OR IN THE TUENFIND PROPERTY OR ANY TUNEFIND SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE TUNEFIND PROPERTY OR ANY TUNEFIND SERVICES.

7. Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Tunefind and its subsidiaries, affiliates, and their respective officers, agents, and employees, advertisers or partners from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorney's fees) of every kind and nature, arising from or in any way related to your use of the Tunefind Property. If you are a California resident, you waive your rights under California Civil Code Section 1542 which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

8. Term

The term of this agreement shall commence on the day you agree to these terms. The agreement may be terminated by either party for any reason or no reason at all.

8.1. Effect Upon termination, the rights granted to you by this agreement shall terminate and you must immediately and permanently destroy all Content pursuant to your use of the API. We may request that you certify in writing your compliance with this section and you will be obligated to provide such assurance. Neither party shall be liable to the other party for damages of any sort resulting solely from the sole fact of terminating these Terms.

8.2. Survival In the event of any termination or expiration of these Terms of Use for any reason, Sections 3.1, 3.4, and 4-9 shall survive termination. Notwithstanding the foregoing, other provisions may survive expiration or termination of these Terms if their survival is reasonably necessary to effectuate the intent of the parties under these Terms.

9. General

9.1. Choice of Law and Forum These Terms and the relationship between you and Tunefind shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Tunefind agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California.