Sweepstakes/Contest Win a website TermsFor September 2020
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Relevant terms by ToneDem (Third-party Service) applicable to this sweepstakes. Full terms can be found in here https://www.toneden.io/terms
Sweepstakes by ToneDen Terms of Service
This Agreement was last modified on January 16, 2020.
Welcome to ToneDen! Please read these Terms of Service (the “Terms”) carefully because they govern your use of our website located at www.toneden.io (the “Site”) our online platform and related advertising services, including services which enable creators, businesses, and brands to easily reach and sell to their audiences across social media platforms. To make these Terms easier to read, the Site and our online platform are collectively called the “Services.”
We urge you to contact us directly if there are anything in our Terms of Service that may require further clarification. You can reach us anytime by sending us a message at email@example.com.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
ARBITRATION NOTICE: UNLESS YOU ARE ACCESSING OR USING THE SERVICES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION FOR CONSUMERS” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION FOR CONSUMERS” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND TONEDEN WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
If you are 13 years or older and not barred from using the Services under applicable law, you may use the free features of the Services. In order to use the Services described in the “Paid Services” section below you must be 18 years or older, capable of forming a binding contract with ToneDen, and not barred from using the Services under applicable law.
If you want to use certain features of the Services you may need to register with Facebook to create a Facebook account (“Facebook Account”) and then register with us to create a ToneDen account (“Account”). If you choose to create an Account using your Facebook Account, we’ll extract from your Facebook Account, as applicable, certain personal information, such as your name, location information and other general information that your privacy settings on the applicable Facebook Account permit us to access.
After you create an Account and become a registered user of the Services (a “Registered User”), you may also connect your Account with your other third party accounts such as Twitter, YouTube, Spotify, etc. (each, a “Third Party Account”), and we’ll extract from your Third Party Account certain information that your privacy settings on the Third Party Account permit us to access. Consumer users of the Services, including End Users (defined below) may also use the Services without creating an Account and becoming a Registered User (“Consumers”).
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Using the Services
End User Data. As used in these Terms, “End User” means a user or potential user of your products or services, and “End User Data” means the data about your End Users (including any End User personally identifiable information) that you input or submit to the Services directly or via providing us with access to your Third Party Accounts
In order to use the user targeting features of the Marketing Service, Messaging Service or Advertising Service, subject to compliance with applicable law, and terms and conditions governing use of your products and services, you will need to provide ToneDen with access to your End User Data either directly by delivering the End User Data to ToneDen or by giving ToneDen access to such data through your Third Party Accounts, such as MailChimp or Eventbrite. In order for us to retrieve your End User Data from your Third Party Account you agree to provide us with the requisite security permissions, software interfaces to your business applications on such Third Party Accounts and any other information requested by us. We are not responsible or liable for any Third Party Accounts or any products or services (including End User Data) accessed from such Third Party Accounts on your behalf. You will indemnify us from any liability arising from accessing any End User Data from any of your Third Party Accounts.
Registered Users’ Promotions and Promotional Emails
We may allow certain Registered Users (e.g. brands) to organize sweepstakes, contests, marketing campaigns and other promotions (“Promotions”) via the Services from time to time. We may also collect information from or about you as a result of your participation in an artist Promotion (“Promotion Data”) and share that Promotion Data with the artist running the specific Artist Promotion. Promotion Data includes information such as your name, email address, birthday, location, recent Tweets, and Spotify playlists. In addition, if you have interacted on an artist’s page or have subscribed or followed that artist on your Third Party Account and we know this because you connected your Third Party Account with your Account or through interacting with the artist’s Content on the Services, and we have your email address, we will share your email address with such artist so that the artist can send you email notifications about the artist’s Promotions. Any artist’s Promotion is organized and run exclusively by the artist or on behalf of the artist by a third party, and we have no control over the manner in which a Promotion is organized, run or conducted. ACCORDINGLY, WE ARE NOT RESPONSIBLE FOR ANY LIABILITY THAT ARISES FROM YOUR PARTICIPATION IN ANY PROMOTION, DISCLOSURE OF YOUR EMAIL ADDRESS OR PROMOTION DATA TO ARTISTS OR USE OF SUCH DATA BY AN ARTIST. IF YOU PARTICIPATE IN A PROMOTION, YOU DO SO AT YOUR OWN RISK AND WE HAVE NO RESPONSIBILITY OR LIABILITY IN THIS REGARD. For more information regarding our collection, use and disclosure of email addresses and Promotion Data please see our Privacy Portal https://www.toneden.io/privacy-portal.