Welcome to TuneCrank. By accessing and using www.tunecrank.com ("TuneCrank") you are agreeing to the following Terms of Use ("Terms"). These terms are designed to ensure that TuneCrank works for everyone. TuneCrank is provided to you by 7561717 Canada Inc. These terms are effective June 1, 2010.

General Restrictions
  1. You agree not to contravene any laws, make false or misleading representations, and you agree not to infringe any third-party rights.
  2. You agree not to post or distribute any form of spam, chain letters, pyramid schemes or any other such malicious content. You also agree not to distribute viruses or any other technology that may harm TuneCrank or the interests or property of TuneCrank users or any other third-party. You also agree not to impose an unreasonable load on our infrastructure or interfere with the proper or normal working of TuneCrank.
  3. The use of robots, spiders, scrapers or other automated means to access TuneCrank is not permitted. You may not collect content by these or any other means for any purpose without our express written permission. You also agree not to copy, modify, or distribute any other person’s or persons’ content without their express consent. As well, you agree not to harvest or otherwise collect information about others, including email addresses, without their express consent.
  4. You agree not to post offensive material, including hate speech – i.e. attacking or demeaning a group based on ethnicity, religion, disability, gender, age, and sexual orientation. You agree not to engage in predatory behaviour, stalking, threats, or harassment. Any user engaging in such behaviour may be permanently banned from TuneCrank.
  5. You agree not to bypass measures used to prevent or restrict access to TuneCrank.

  6. The Flagging System

  7. We ask that you use the flagging system to tell us about any problems or offensive content so that together we can keep the site working properly. We may, at any time, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off TuneCrank if we think that they are creating problems or acting inconsistently with the letter or spirit of these terms or our policies in general. However, whether we decide to take any of these steps, remove hosted content or keep a user off TuneCrank or not, we do not accept any liability for monitoring TuneCrank or for unauthorized or unlawful content on TuneCrank or use of TuneCrank by users.

  8. Fees and Services

  9. Using TuneCrank is generally free. We may, however, charge fees for certain services. If the service you use is or becomes subject to a fee in the future, you’ll be able to review and decide whether to accept that charge. Any fees charged would be quoted in Canadian Dollars and subject to change. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

  10. Copying Modifying and Distributing Content

  11. TuneCrank contains content provided by us, you, and other users. You agree not to copy, modify, or distribute TuneCrank, our copyrights or trademarks. When you post content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. (We need these rights to host and display your content.) If you believe that your rights have been violated, please notify us at TuneCrank Customer Support and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party or parties’ rights.

  12. Liability

  13. You agree not to hold us responsible for postings or actions of other users. As most of the content on TuneCrank comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by law. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of TuneCrank or any other linked or affiliated website or entity, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of certain warranties or the exclusion of certain damages, so such disclaimers and exclusions may not apply to you.
  14. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, or extracontractual responsibility, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.
  15. By using TuneCrank, you agree to the collection, transfer, storage and use of your personal information on servers located in Southfield, Michigan, USA, as further described in our Privacy Policy.

  16. Entire Agreement and Severability

  17. These terms and the other policies posted on TuneCrank constitute the entire agreement between 7561717 Canada Inc. and you, and supersede any prior agreements.
  18. This agreement is governed by the laws of Québec.
  19. You and 7561717 Canada Inc. both submit to the jurisdiction of the courts of Quebec, judicial district of Montreal, Canada.
  20. Clause 12 won’t affect your statutory rights if you are a consumer and applicable consumer law requires application of the law of another jurisdiction (such as the law of your country of residence) on certain issues.
  21. If we don't enforce any particular provision for any particular period of time, we are not waiving our right to do so later.
  22. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement at our sole discretion.