Terms of Use
Welcome to tunepikemusic.com (the “Site”), operated by K&S Music Inc., doing business as Tunepike (“Tunepike,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Site. Please read them carefully. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
- Who May Use the Site
You must be at least 18 years old, or have the involvement of a parent or guardian, to use the Site, create an account, or rent an instrument. By using the Site, you represent that the information you provide is accurate and that you are authorized to use any payment method you submit.
- Relationship to the Rental Agreement
These Terms govern your use of the Site only. If you rent an instrument from Tunepike, your rental is governed by the separate Tunepike Student Instrument Rental Agreement and its Terms & Conditions, which you accept when you sign the rental form. If anything in these Terms conflicts with the Rental Agreement regarding your rental, the Rental Agreement controls for that rental.
- Accounts
Some features require you to create an account. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us promptly of any unauthorized use. We may suspend or close accounts that violate these Terms or that we reasonably believe are being misused.
- Acceptable Use
When using the Site, you agree not to:
- Use the Site for any unlawful, fraudulent, or harmful purpose;
- Submit false, misleading, or someone else’s information, including payment information you are not authorized to use;
- Interfere with or disrupt the Site, its servers, or its security, or attempt to gain unauthorized access to any part of it;
- Use any robot, scraper, or automated means to access or collect data from the Site without our permission;
- Copy, reproduce, or redistribute Site content except as expressly allowed; or
- Upload or transmit viruses, malware, or any harmful code.
- Orders, Pricing, and Payments
We make reasonable efforts to display accurate product, rental, and pricing information, but errors can occur. We reserve the right to correct any errors and to refuse or cancel any order or rental request affected by an error, even after it has been submitted. Prices and availability are subject to change. Payments made through the Site are processed by a third-party payment processor; by submitting payment information, you authorize the applicable charges and agree to the processor’s terms in addition to ours.
- Intellectual Property
The Site and its content — including text, graphics, logos, images, and software — are owned by Tunepike or its licensors and are protected by intellectual property laws. The names “Tunepike” and “K&S Music” and our logos are our trademarks and may not be used without our prior written permission. We grant you a limited, personal, non-exclusive, revocable license to access and use the Site for its intended purpose. All rights not expressly granted are reserved.
- Third-Party Links and Services
The Site may contain links to third-party websites and services that we do not control, including our payment processor and analytics providers. We provide these links for convenience and are not responsible for the content, products, or practices of any third party. Your use of third-party sites is at your own risk and subject to their terms.
- Disclaimer of Warranties
The Site is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any information on the Site is accurate or complete. This Section does not affect any warranties that cannot be excluded under applicable law, and it does not limit your rights under the Rental Agreement.
- Limitation of Liability
To the fullest extent permitted by law, Tunepike and its owners, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of (or inability to use) the Site. To the fullest extent permitted by law, our total liability arising out of or relating to the Site will not exceed one hundred dollars ($100). Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.
- Indemnification
You agree to indemnify and hold harmless Tunepike and its owners, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms or your misuse of the Site.
- Changes to the Site and These Terms
We may modify, suspend, or discontinue any part of the Site at any time. We may also update these Terms from time to time; when we do, we will revise the “Effective Date” above and post the updated Terms on the Site. Your continued use of the Site after we post changes means you accept the updated Terms.
- Governing Law and Disputes
These Terms are governed by the laws of the State of New Jersey, without regard to its conflict-of-laws rules. You agree that any dispute relating to these Terms or the Site will be brought exclusively in the state or federal courts located in New Jersey, and you consent to the jurisdiction of those courts.
- Text Message Program
The Discover Music text message program is optional and separate from these Terms and from renting, purchasing, or creating an account. Accepting these Terms of Use does NOT enroll you in text messages and does NOT constitute consent to receive them. You consent to receive recurring automated marketing text messages only by separately providing your mobile number and checking the dedicated, unchecked-by-default consent box on our Discover Music sign-up form at tunepikemusic.com/discover. You can browse the site, rent, purchase, and create an account without opting in, and declining texts has no effect on any product or service. Message frequency is approximately one message per week; message and data rates may apply. Reply STOP to cancel or HELP for help, or contact hello@tunepikemusic.com or (908) 790-0400.
- Privacy
Your use of the Site is also subject to our Privacy Policy, which explains how we collect, use, and share information. Please review it to understand our practices.
- Contact Us
If you have questions about these Terms, contact us at:
K&S Music Inc. (d/b/a Tunepike)
61 Industrial Rd., P.O. Box 355
Berkeley Heights, NJ 07922
Website: tunepikemusic.com
Email / Phone: hello@tunepikemusic.com / 908-790-0400