Terms of Service
Dated: May 3, 2024

TERMS OF SERVICE
Welcome to Tunpop!
Introduction
Thank you for using the Tunpop platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).  
Our Service
The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small.
Your Service Provider
The entity providing the Service is Glowrock Medial LLC, a company operating under the laws of Pennsylvania, (referred to as “Tunpop”, “we”, “us”, or “our”). References to Tunpop’s “Affiliates” in these terms means the other companies within the Glowrock Meddia LLC. corporate group (now or in the future).
Applicable Terms
Your use of the Service is subject to these terms, the Tunpop Community Guidelines and the Policy, Safety and Copyright Policies which may be updated from time to time (together, this "Agreement"). Your Agreement with us will also include the Advertising on Tunpop Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your content. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who may use the Service?
Age Requirements
You must be at least 13 years old to use the Service; however, children of all ages may use the Service and Tunpop (where available) if enabled by a parent or legal guardian.
Permission by Parent or Guardian
If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. 
Businesses
If you are using the Service on behalf of a company or organisation, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Tunpop or a third-party (collectively, "Content”).
Content is the responsibility of the person or entity that provides it to the Service. Tunpop is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us.
Tunpop Accounts and Tunpop Channels
You can use parts of the Service, such as browsing and searching for Content, without having a Tunpop account. However, you do need a Tunpop account to use some features. With a Tunpop account, you may be able to like videos, subscribe to channels, create your own Tunpop channel, and more. 
Creating a Tunpop channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists (where available).
To protect your Tunpop account, keep your password confidential. You should not reuse your Tunpop account password on third-party applications. Learn more about keeping your Tunpop account secure, including what to do if you learn of any unauthorized use of your password or Tunpop account.
Your Information
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. 
We will process any audio or audiovisual content uploaded by you to the Service in accordance with the Tunpop Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities. Learn More.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. You may also show Tunpop videos through the embeddable Tunpop player.
The following restrictions apply to your use of the Service. You are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from Tunpop and, if applicable, the respective rights holders;
circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines, in accordance with Tunpop’s robots.txt file; or (b) with Tunpop’s prior written permission; 
collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
run contests on or through the Service that do not comply with Tunpop’s contest policies and guidelines;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on Tunpop policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Tunpop videos are the main draw for users visiting the webpage).
Reservation
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Tunpop.
Develop, Improve and Update the Service
Tunpop is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the Tunpop Studio application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your Tunpop Account using Tunpop Takeout, subject to applicable law and policies. 
Your Content and Conduct
Uploading Content
If you have a Tunpop channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the Tunpop Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to Tunpop and other users of the Service, as described below.
License to Tunpop
By providing Content to the Service, you grant to Tunpop a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Tunpop’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Tunpop may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. 
Right to Monetize
You grant to Tunpop the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Starting November 18, 2020, any payments you may be entitled to receive from Tunpop under any other agreement between you and Tunpop will be treated as royalties.  If required by law, Tunpop will withhold taxes from such payments.
Removing Your Content
You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content By Tunpop
If any of your Content (1) is in breach of this Agreement or (2) may cause harm to Tunpop, our users, or third parties, we reserve the right to remove or take down some or all of such Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Tunpop or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Tunpop or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.
Copyright Protection
We provide information to help copyright holders manage their intellectual property online in our Tunpop Copyright Center. If you believe your copyright has been infringed on the Service, please send us a notice.
We respond to notices of alleged copyright infringement according to the process in our Tunpop Copyright Center, Tunpop's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.
Account Suspension & Termination
Terminations by You
You may stop using the Service at any time. Follow these instructions to delete the Service from your Tunpop Account, which involves closing your Tunpop channel and removing your data. You also have the option to download a copy of your data first.
Terminations and Suspensions by Tunpop
Tunpop reserves the right to suspend or terminate your Tunpop account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, Tunpop or our Affiliates.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by Tunpop unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, Tunpop or our Affiliates.
Effect of Account Suspension or Termination
If your Tunpop account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can appeal using this form.
How you access or use different types of Paid Services on Tunpop may vary. The usage rules applicable to each type of Paid Service are detailed below, and may change over time as we add new features, devices and content to our service. 
Movies and Shows Rentals and Purchases
General. Certain types of Paid Services allow you to purchase or rent individual Movies or TV shows made available by third parties. You may view rentals or purchases when online, with a broadband connection and logged onto your Tunpop account. You may also view certain rentals and purchases offline by downloading and viewing from a previously authorized device. Authorizing and deauthorizing a device requires you to be online.  Due to restrictions from our content providers, purchased or rented content may not be available for purchase in all countries or outside of your home country.
Rental Content. When you rent content, you may view such item of content an unlimited number of times during the period of time displayed at the time of your payment ("Viewing Period") and noted in your confirmation email. Pausing, stopping, or rewinding an item of rented content will not extend your applicable Viewing Period.
Purchased Content. When you purchase an item of content, your content will be stored in your account and you may view it an unlimited number of times for during your termination period. The “TerminationPeriod” will be for at least 5 years from the date of your purchase.  Pausing, stopping, or rewinding purchased content will not extend the Terminatin Period. If an item of purchased content becomes unavailable during the five year period from the purchase date, you may request a refund.
For purchased content:
 you may view one stream of each item at a time,
you may view up to 3 streams of different items at a time,
Open Source
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.

Wallet Transfers

Wallet funds are non refundable. Wallet funds are to be used for renting, buying, upgrading, ads and other site features. Only Available balance can be  withdrawn from account. Please make sure you only transfer the amount you want to keep in your wallet.

Other Legal Terms
Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND TUNPOP DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.  
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, TUNPOP, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
ANY CONTENT WHETHER SUBMITTED BY A USER OR Tunpop, INCLUDING YOUR USE OF CONTENT; AND/OR
THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
TUNPOP AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT TUNPOP HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO TUNPOP, OF THE CLAIM; AND (B) USD $500.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Tunpop, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by Tunpop. Tunpop has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
About this Agreement
Changing this Agreement
We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
Governing Law
All claims arising out of or relating to these terms or the Service will be governed by Pennsylvania law, and will be litigated exclusively in the federal or state courts of Bucks County, Pennsylvania, USA. You and Tunpop consent to personal jurisdiction in those courts.
Limitation on Legal Action
YOU AND TUNPOP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Effective as of May 3, 2024