Terms of Use

1. Acceptance of These Terms

These Terms of Use form a binding agreement between you and TUNEMINT, LLC, an Ohio limited liability company, Ohio Entity Number 5650514, governing your access to and use of tunemint.store, the TuneMint registry and settlement services, and any related applications or interfaces, together the Platform.

By creating an account, registering a recording, purchasing an asset, or otherwise using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS IN SECTION 23, WHICH YOU MAY OPT OUT OF WITHIN THIRTY DAYS. THEY ALSO LIMIT OUR LIABILITY IN SECTIONS 19 AND 20. PLEASE READ THEM CAREFULLY.

2. Eligibility

You must be at least thirteen years of age to hold an account. If you are under eighteen, you may hold an account only with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf and who is responsible for the account.

You must be at least eighteen years of age, and legally able to enter into contracts, in order to register recordings for sale, receive payments, or act as a Rights Holder on the Platform.

The Platform is currently offered to users in the United States. We make no representation that it is appropriate or available for use in other locations.

3. Definitions

4. Accounts

You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your credentials, and for all activity occurring under your account. You agree to notify us promptly of any unauthorized use. We may refuse, suspend, or terminate an account at our discretion, subject to Section 22.

5. What a Purchaser Receives. Summary.

This summary is displayed at the point of purchase. Section 6 controls in the event of any inconsistency.

When you purchase an asset on TuneMint you receive three things. A personal, non commercial, non exclusive, non transferable, perpetual license to listen to the Recording. A permanent record in the TuneMint registry evidencing your acquisition. Any supplementary materials the Rights Holder has attached to that tier, such as artwork, notes, or alternate versions.

Your listening license is perpetual and does not expire, and it is not revocable except in cases of fraud, chargeback, or material breach of these Terms. It does not depend on any subscription, and it does not end if you stop using the Platform.

You do not receive copyright in the Recording or in the underlying composition. You do not receive the right to broadcast, publicly perform, synchronize to video, use commercially, remix, or create derivative works. You do not receive any share of revenue, royalties, or future proceeds. You are not making an investment and no financial return is offered or implied.

6. What a Purchaser Receives. Detail by Tier.

The following table states, for each tier offered, exactly what rights a Purchaser receives. Any right not expressly granted is reserved to the Rights Holder. No tier conveys copyright, commercial rights, or any interest in revenue.

Note on transfer. Whether any tier may be transferred, and whether the Rights Holder participates in a transfer, remains an open commercial and legal question. Until it is resolved and this document is updated, no transfer right is granted at any tier, and no tier is described as transferable in any marketing or product copy.

Devices and copies. A personal license permits listening on devices you own or control, for your own private, non commercial use. It does not permit redistribution, uploading, file sharing, or making the Recording available to others.

Separate licenses. Rights beyond personal listening, including synchronization, broadcast, commercial use, and derivative works, are available only under a separate written license agreed with the Rights Holder. Nothing in a purchase creates such a license.

7. What a Certified Digital Asset Is and Is Not

A Certified Digital Asset is a record in the TuneMint registry. It evidences the information described in Section 3 and the license described in Sections 5 and 6.

A Certified Digital Asset is not any of the following.

• A transfer or assignment of copyright in a Recording or in a musical composition.
• A security, investment contract, note, share, or financial instrument of any kind.
• A share of royalties, revenue, or any right to future payment.
• A cryptocurrency, digital token, or blockchain asset. The Platform does not issue tokens and does not mint assets to external wallets.
• A guarantee of value, resale price, scarcity, or appreciation.
• A substitute for registration with a copyright office, a performing rights organization, or any other authority.
• A determination of legal ownership. The registry reflects what the Rights Holder declared at registration. It does not adjudicate competing claims.

8. Proof of Human Origin

Proof of Human Origin is a statement made by the Rights Holder and recorded on the asset. It reflects what the Rights Holder has told us about the origin of a Recording. The Platform does not currently perform any automated analysis of audio to verify that statement. Independent verification is under development and this section will be revised, with notice, if and when it is in operation.

What a PHO statement does not do.

• It does not guarantee or warrant that a Recording was created by a human being.
• It does not verify the identity of any contributor.
• It does not constitute a legal determination of authorship.
• It does not certify that a Recording is free of artificial intelligence assistance in composition, production, or mastering.
• It is not verified by TuneMint and may be inaccurate, including where a Rights Holder has stated something untrue.

No party should rely on a PHO statement as the sole basis for any licensing, commercial, editorial, or legal decision. Supplying false information relevant to a PHO statement is a breach of these Terms and grounds for termination under Section 22. TuneMint disclaims liability for reliance on a PHO statement to the fullest extent permitted by law.

9. The Registry, Publication, and Record Permanence

Registry records are public and are intended to be permanent. A registry record includes the title of the Recording, the artist name, the name and role of each contributor, each contributor's percentage share, the registration date, a cryptographic fingerprint, and the PHO statement. It is published on a page that anyone may retrieve without an account. It remains public after an account is closed and after a Recording is removed from sale.

A Rights Holder who registers a Recording is responsible for having obtained each contributor's permission to publish that contributor's name and share. See Section 10.

TuneMint intends registry records to remain retrievable and verifiable over time, and has designed the record format with that objective. We describe that intent honestly and we do not warrant it absolutely. We do not guarantee uninterrupted availability of the registry, nor that records will remain accessible if the company ceases operations, is acquired, or discontinues the service, nor that any third party will honor or recognize a TuneMint record.

We may correct records that contain demonstrable errors, that were created fraudulently, or that we are legally required to modify or remove. Corrections are ordinarily made by publishing a superseding record rather than by altering the original.

10. Rights Holder Terms. Registration and Warranties.

If you register a Recording on the Platform, you make the following representations and warranties, and you make them each time you register.

• You own or control all rights necessary to register the Recording and to authorize the sales and licenses offered through the Platform, including rights in the sound recording and in the underlying composition.
• The Ownership Manifest you supply is accurate and complete, every contributor listed has agreed to the share attributed to them, and no contributor entitled to a share has been omitted.
• You have each listed contributor's permission to publish their name, role, and share publicly and permanently, and you have told them that the record cannot later be withdrawn.
• The Recording does not infringe any copyright, trademark, right of publicity, privacy right, contractual right, or other right of any person.
• Any sample, interpolation, or third party material in the Recording has been cleared and you can produce evidence of clearance on request.
• Registration does not breach any agreement you have with a label, distributor, publisher, performing rights organization, or other party.
• Any information you supply relevant to a PHO statement is truthful.

You are solely responsible for the accuracy of the Ownership Manifest. TuneMint does not verify ownership claims, does not adjudicate disputes among contributors, and is not a party to any agreement among them.

License you grant to TuneMint. You grant TuneMint a non exclusive, worldwide, royalty free license to host, store, reproduce, transmit, display, preview, and distribute the Recording and associated materials solely as necessary to operate the Platform, to fulfill purchases, and to promote your own listings. You retain all ownership of your work. This license ends when you remove the Recording, except to the extent necessary to serve purchases already completed and to retain registry records.

11. Splits and Settlement

Contributor shares are recorded at registration as declared by the Rights Holder, and the Ownership Manifest is published with the record.

How funds move today. When a transaction occurs, TuneMint retains the Platform Fee and the remaining balance is paid to the payout account connected by the Rights Holder who registered the Recording. Where a Recording has more than one contributor, the Rights Holder is responsible for distributing each contributor's share in accordance with the published Ownership Manifest. TuneMint does not currently make separate payments to each contributor.

Settlement timing and method depend on the payment services then in operation and on each recipient having completed any required onboarding with the payment processor. TuneMint will describe settlement in its public materials only as it actually operates.

Changes to an Ownership Manifest apply prospectively only. TuneMint has no obligation to reallocate proceeds from completed transactions. If contributors dispute their shares, that dispute is between them. TuneMint may, at its discretion, suspend distribution of affected funds until the dispute is resolved among the parties or by a court.

12. Fees, Payments, and Taxes

TuneMint retains a Platform Fee of twenty percent of the transaction value. The remaining eighty percent is allocated among rights holders according to the Ownership Manifest. Fees are subject to change on notice, and changes apply prospectively.

Payment processing is performed by a third party payment processor. Your use of payment services is subject to that processor's own terms, and TuneMint is not responsible for the acts or omissions of the processor. Processing fees may be deducted as disclosed at the time of transaction.

You are responsible for determining and paying all taxes applicable to amounts you receive. TuneMint may collect tax information and may issue tax forms where required by law. TuneMint does not provide tax advice.

13. Refunds, Chargebacks, and Reversals

Because assets are delivered digitally and immediately, all sales are final and refunds are not offered, except where required by applicable law, or where a transaction was made in error, was unauthorized, was duplicated, or the asset was materially not as described. Requests may be submitted to the contact address in Section 27 and will be considered case by case.

Effect on the record. Where a purchase is refunded or reversed, the Purchaser's listening license terminates and the acquisition is marked as reversed in the registry. The original record is not deleted, because registry records are permanent; the reversal is published alongside it.

14. No Investment, No Security, No Financial Advice

ASSETS OFFERED ON THE PLATFORM ARE NOT OFFERED AS INVESTMENTS AND ARE NOT SECURITIES. THEY CONVEY NO OWNERSHIP IN TUNEMINT, NO INTEREST IN ANY REVENUE STREAM, AND NO RIGHT TO ANY FUTURE PAYMENT.

TuneMint makes no representation that any asset will retain value, increase in value, or be resalable. TuneMint does not operate a secondary market, does not make a market in any asset, and does not provide investment, financial, tax, or legal advice. Any decision to purchase should be made for personal enjoyment and support of an artist, and for no other reason.

15. Copyright, Notices of Infringement, and Repeat Infringers

TuneMint respects intellectual property rights and expects users to do the same. Notices of claimed infringement must be sent to our designated agent, whose name, address, telephone number, and email address are published on the Platform and registered with the United States Copyright Office.

A notice must be in writing and must include all of the following.

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material claimed to be infringing, with enough detail for us to locate it.
• Your name, address, telephone number, and email address.
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Counter notice. If your material was removed and you believe that was the result of mistake or misidentification, you may send a counter notice containing your signature, identification of the material and where it appeared, a statement under penalty of perjury of your good faith belief that it was removed by mistake or misidentification, your name, address and telephone number, and your consent to the jurisdiction of the federal district court for the district where you live, or the Northern District of Ohio if you are outside the United States, together with your agreement to accept service from the person who sent the original notice. Where we receive a valid counter notice we may restore the material in ten to fourteen business days unless the complaining party notifies us that it has filed an action seeking a court order.

Repeat infringers. We terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

A person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages under 17 U.S.C. section 512(f).

16. Prohibited Conduct

You agree not to do any of the following.

• Register or sell any Recording you do not have the rights to register or sell.
• Misstate an Ownership Manifest, omit an entitled contributor, or supply false information relevant to a PHO statement.
• Upload material that is unlawful, defamatory, harassing, or that infringes the rights of others.
• Manipulate transaction counts, sales figures, referrals, or any Platform metric, including through automated means.
• Circumvent, disable, or interfere with security features, access controls, or the integrity of the registry.
• Scrape, harvest, or systematically extract data from the Platform without written permission.
• Use the Platform to launder funds, evade sanctions, or violate any applicable law.
• Reverse engineer, decompile, or attempt to derive source code, except to the extent applicable law prohibits that restriction.

17. Stage of Development and Preview Operation

While the Platform operates in preview, no real charges are processed and no funds are transferred. Payment information entered during this period is handled by the payment processor in test mode and no card is charged.

The Platform is under active development. Features may be added, changed, suspended, or removed at any time. We may impose limits on use, restrict access, or discontinue the Platform in whole or in part, with or without notice. We do not warrant that the Platform will be uninterrupted, timely, secure, or error free, or that defects will be corrected.

18. Electronic Communications

You consent to receive communications from us electronically, including notices required by law, at the email address associated with your account or by posting on the Platform. You agree that electronic communications satisfy any legal requirement that a communication be in writing.

19. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, RECORDS, STATEMENTS, AND SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TUNEMINT DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON INFRINGEMENT.

Without limiting the foregoing, TuneMint does not warrant the accuracy of any Ownership Manifest, the validity of any ownership claim, the truth of any PHO statement, the permanence or continued availability of any registry record, or the conduct of any user.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TUNEMINT AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO TUNEMINT IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS.

Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

21. Indemnification

You agree to indemnify, defend, and hold harmless TuneMint and its officers, members, managers, employees, contractors, and agents from any claim, demand, loss, liability, damage, cost, or expense, including reasonable attorney fees, arising from your use of the Platform, your Recordings, your Ownership Manifests, your breach of these Terms, or your violation of any law or the rights of any third party. This obligation survives termination.

22. Termination

You may close your account at any time. We may suspend or terminate your access at any time for breach of these Terms, for conduct that creates risk or legal exposure, or where required by law.

On termination, your license to use the Platform ends. A Purchaser's perpetual listening license under Section 5 is not terminated by the closure of a Rights Holder's account. Registry records associated with completed transactions are retained, since they exist to serve purchasers and contributors who are not party to the termination. Sections that by their nature should survive will survive, including Sections 7, 8, 9, 14, 19, 20, 21, 23, and 24.

23. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

Informal resolution first. Before filing a claim, you agree to contact us and attempt to resolve the dispute informally for a period of sixty days. Most concerns can be resolved this way.

Binding arbitration. If informal resolution fails, you and TuneMint agree that any dispute arising out of or relating to these Terms or the Platform will be resolved by binding individual arbitration administered by a recognized arbitration provider under its consumer rules, rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.

Class action waiver. YOU AND TUNEMINT AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING.

Your right to opt out. You may opt out of this arbitration provision and the class action waiver by sending written notice to the address in Section 27 within thirty days of first accepting these Terms. Opting out does not affect any other part of these Terms and will not affect your account.

Time limit. Any claim must be brought within one year after the party asserting it first knows or reasonably should know of the facts giving rise to it, to the extent that period is enforceable under applicable law.

24. Governing Law and Venue

These Terms are governed by the laws of the State of Ohio, without regard to conflict of law principles. To the extent any matter is not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Ohio.

25. Changes to These Terms

We may modify these Terms. When we do, we will post the revised version with a new effective date and, for material changes, provide notice through the Platform or by email. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Platform and close your account. A change to these Terms does not reduce the rights of a Purchaser in an asset already acquired.

26. General Provisions

• Entire agreement. These Terms, together with the privacy policy and any additional terms presented at the point of a specific transaction, constitute the entire agreement between you and TuneMint on this subject.
• Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the remainder stays in force.
• No waiver. Failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Feedback. If you send us suggestions or feedback, we may use them without restriction or obligation to you, and you retain no rights in them.
• Force majeure. Neither party is liable for failure to perform due to causes beyond reasonable control.
• No agency. Nothing creates a partnership, joint venture, employment, or agency relationship between you and TuneMint.
• Third party services. The Platform may link to or depend on third party services. We are not responsible for them and their terms govern your use of them.
• Export and sanctions. You represent that you are not located in a country subject to United States embargo and are not on any United States government restricted party list.
• Headings. Headings are for convenience and do not affect interpretation.

27. Contact

TUNEMINT, LLC. Attention Legal. Contact Us.