 Terms of service for using the private P2P Network
of TuneMiles:
Dear Users of the TuneMiles Service please read these Terms and Conditions carefully.
1. Scope
- These Terms and Conditions govern the use of the VIA Download service and network, which are realised and operated by VIA Download, Sarl., a Luxemburg limited company (hereinafter named under “VIA Download”, “TuneMiles”, or “Us”). The VIA Download network and service (hereinafter “the service”) enable users (hereinafter “users” or “You”) to download legal digital content such as music and movies for free or against payments. VIA Download offers pre-paid content or may bill users for using paid services or IP rights provided by third parties (hereinafter “Providers”).
- The Terms and Conditions of Service and all changes in the Internet can be viewed at any time on the VIA Download and TuneMiles websites and may be printed out. VIA Download reserves the right to amend these Terms and Conditions of Service. This applies in particular if a change is required because of statutory requirements, because of a change in the basic conditions related to the Internet, or because of a change in the business processes or business areas of VIA Download. Users will be informed of changes in these Conditions via communication releases available from the VIA Download website.
2. Registration
- Users are required first to subscribe to the service from the TuneMiles website, or from the VIA Download Windows software client downloaded freely from VIA Download or partner’s website, to access network and use the service. To be authorized to use VIA Download payment services and redeem pre-paid points in exchange of commercial downloads, it is required users to complete a free one-time registration with VIA Download.
- For registration, personal data of the user must be entered for purposes of verifying identity (profile data), and the selection of a user name and a password is required. It is the responsibility of the user to keep his/her personal data in the VIA Download service up to date at all times. Electronic confirmation of registration is made immediately. VIA Download reserves the right not to allow users to use the service.
3. Description of TuneMiles
- General description of the service.
The service allows Users to access the network of VIA Download, to download digital content legally available from the service for free or for sale upon provider conditions, and share information. To access paid content, the user authenticates him/herself in the TuneMiles service by correctly and completely entering username and password.
- Services definitions
Cost control in user account management
Capability of changing profile data in user account management
Differentiation between paid content and free content
Multiply redundant security architecture
- System maintenance
VIA Download usually carries out schedule maintenance on the VIA Download network at night.
- Methods of payment
Single-price modules (Users pay with TuneMiles points only)
Users may register accounts for billing points a la carte or for entering prepaid points.
All billing activity is carried out on behalf of and with the authorization of the provider.
4. Unsatisfactory services
- VIA Download is not involved in the contractual relationship between user and provider. VIA Download is not liable for the offers made by or the services provided by the providers. It is incumbent upon the providers to take full responsibility for the representation, setup and offering of their services. VIA Download does not warrant the accuracy, completeness, value, current validity and/or quality of the digital content of providers. In particular, VIA Download does not adopt the content of the providers.
- Notwithstanding Paragraph (1), complaints may be directed to the TuneMiles Service Hotline at support@viadownload.com. VIA Download will inform the provider about complaints and provide the user data to the provider for purposes of clarifying the situation. For security reasons, a user may not be able to access a provider offer about which a complaint has been lodged until the situation has been clarified.
5. Duties and obligations of the user
- The user reviews and then immediately informs VIA Download of any defects or disturbances in the access to the network and service.
- User name and password may only be used by the user. They are not transferable. The user must maintain the secrecy of his or her user name and password and ensure that they are not accessible to third parties. The user is obligated to inform VIA Download immediately of any suspected misuse of the user name and password, or if these become known to third parties.
- The user is obligated to use the VIA Download service in accordance with the law, and to observe the rights of third parties.
- In case of a breach of the above obligations, VIA Download has the right to temporarily or completely block access to the service, with immediate effect. The user must compensate VIA Download for any losses arising from such breaches of obligation and to release and further indemnify from any damages that may arise from his or her harmful activities.
6. Notice about copyright infringements
VIA Download hereby notifies the user that the materials to which the user gains access through the service may be protected by copyright laws. Thus, there is a possibility that by copying, adapting and/or distributing these materials, the user may be liable for damages and subject to prosecution by the owner of their legal rights. The user is obliged to acquaint him or her with the property rights of third parties and to observe them. VIA Download is not liable for the illegal content of third parties.
7. Liability
- Liability for a breach of essential contractual obligations is limited to those damages normally associated with loss of income that VIA Download could take into consideration based on the circumstances known at the time that VIA Download authorizes the user to use the service.
- If VIA Download grants access to databases or the services of third parties, VIA Download is not liable for the access, contents or security of these databases or services, nor is it liable for the accuracy, completeness or current validity, or for the rights of third parties regarding the data, information, programs and files downloaded by the user through the network of VIA Download.
8. Data protection
- VIA Download gathers, processes and uses personal user data submitted during registration for purposes of authorization and use of the TuneMiles service. VIA Download may transmit your personal data to providers for subscriptions or if the provider makes the transmission of personal data a mandatory condition for making a purchase. If the user does not object, VIA Download may inform him or her about attractive product information and news of VIA Download or partners of VIA Download.
- Data will be transmitted to state institutions and authorities only if required by law. Personal user data is only given to providers if the user complains about the services of the provider or if user payments to the provider do not fulfil the payment requirements or if later processing is necessary. In such cases, the provider receives the personal user data necessary for clarifying the complaint or to assert his or her claim.
- VIA Download abides by the regulations on data protection and vouches that all persons who are in charge of fulfilling this contract will likewise observe these regulations. VIA Download obligates its employees to the legal protection of data secrecy and the duty of confidentiality arising from the contract.
- You can find additional details on data protection and data security here or by e-mailing to VIA Download customer service at support@viadownload.com, or via regular mail to the following address:
VIA Download, Sarl.
9, Avenue Cytharista
13600 La Ciotat
France
9. Other
Should a provision of the Terms and Conditions become ineffective, the effectiveness of the remaining provisions is not affected. The ineffective provision will be replaced by one that best fulfils the same purpose and sense.
© VIA Download – Last revised: March 2008.
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