Last Modified: 1 April 2024

Welcome to Dune Music Group! These Terms of Service (“TOS”) govern your access to and use of the services provided by Dune Music Group (“Company”), including the musician management program called Dune ONE (“Program”). 

1. Definitions Content: 

Any information, data, text, audio, video, or other materials uploaded, posted, or transmitted through the Program. Program: The Dune ONE musician management program offered by Dune Music Group. Fees: The charges associated with using the Program, as outlined by Dune Music Group. Intellectual Property Rights: Copyrights, trademarks, patents, trade secrets, and other proprietary rights. 

2. Use of the Program 

2.1 Eligibility

 By accessing and using the Program, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement with the Company. 

2.2 User Responsibilities

 You agree to use the Program solely for lawful purposes and in compliance with all applicable laws and regulations. You are responsible for all Content you upload, post, or transmit through the Program. You represent and warrant that you have all necessary rights and permissions to use and share such Content. 

2.3 Prohibited Activities

 You agree not to use the Program to engage in any of the following activities: Violate any applicable laws or regulations; Infringe upon the intellectual property rights of others; Upload, post, or transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable; Engage in any fraudulent or deceptive activities; Interfere with or disrupt the operation of the Program or the Company’s website; 

2.4 Termination of Service 

The Company reserves the right to suspend or terminate your access to the Program at any time, with or without cause, and without prior notice. Reasons for termination may include, but are not limited to, violation of these Terms of Service, fraudulent or illegal activities, or any actions that may harm the Company.

Upon termination, your access to the Program will be immediately revoked. Termination of your access does not relieve you of any obligations or liabilities incurred prior to termination. If you provide notice of termination after the 14-day period prior to your next payment, you will remain liable for that payment. 

 The Company shall not be liable to you or any third party for any damages, losses, or expenses arising from or related to the termination of your access. 

2.5 Client Confidentiality and Non-Interference

2.5.1 Confidentiality of Client Information You acknowledge and agree that in the course of using the Program and receiving services from Dune Music Group, you may gain access to, or become aware of, information pertaining to our other clients, including but not limited to their identities, business operations, strategies, or any other non-public information (“Confidential Client Information”). You agree to treat all such Confidential Client Information as strictly confidential.

2.5.2 Prohibited Use and Disclosure

You expressly agree not to use, disclose, reproduce, or exploit any Confidential Client Information for any purpose other than as directly required for your legitimate use of the Program, and never for any purpose that would directly or indirectly compete with, interfere with, or solicit business from Dune Music Group or its other clients.

You shall not, directly or indirectly, contact, solicit, or attempt to solicit, divert, or appropriate any of Dune Music Group’s other clients for any reason whatsoever.

2.5.3 Damages for Breach You acknowledge that any breach of this Client Confidentiality and Non-Interference clause would cause irreparable harm to Dune Music Group, the extent of which would be difficult to ascertain. Accordingly, you agree that in the event of any such breach or threatened breach, Dune Music Group shall be entitled to seek injunctive relief in addition to any other remedies that may be available at law or in equity, including the recovery of damages and legal fees.

3. Licensing 

3.1 Grant of License

 By using the Program, you acknowledge and agree that the Company grants you a limited, non-exclusive, non-transferable license to access and use the Program and any associated materials, solely for your personal or internal business purposes. This license is subject to your compliance with these Terms of Service and any other applicable agreements or policies provided by the Company. 

3.2 Intellectual Property Rights

 All intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets, in the Program and any associated materials, are owned by the Company or its licensors. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or through the Program, unless expressly permitted by the Company. 

3.3 User Content

 By uploading, posting, or transmitting any Content through the Program, you grant the Company a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the Program and the Company’s business operations. You represent and warrant that you have all necessary rights and permissions to grant the above license to the Company. 

3.4 Termination of License

 The Company reserves the right to terminate or suspend your license to use the Program and any associated materials at any time with or without cause, and without prior notice. Upon termination or suspension, you must immediately cease all use of the Program and any associated materials. 

4. Fees and Taxes 

4.1 Fees

 By using the Program, you agree to pay any applicable fees as outlined by the Company. The fees may vary depending on the specific services or features you choose to utilize within the Program. The Company reserves the right to modify the fees at any time, provided that any changes will be communicated to you in advance. 

4.2 Payment Terms

 Payment for the services provided by the Company shall be made in accordance with the payment terms specified by the Company. You agree to provide accurate and complete payment information, 

 and you authorize the Company to charge the applicable fees to your chosen payment method. If payment is not received or if payment information is invalid or expired, the Company may suspend or terminate your access to the Program. 

4.3 Taxes

 You are responsible for any applicable taxes, duties, or other governmental charges (“Taxes”) associated with your use of the Program and any services provided by the Company. The fees charged by the Company do not include any Taxes. You agree to pay any Taxes imposed on the fees or transactions related to your use of the Program. 

4.4 No Refunds

 Since our program offers a free, no-account tier with limited features, refunds are not applicable. However, you can choose to upgrade to a paid tier with additional features at any time. The specific fees and terms for paid tiers will be communicated to you before you upgrade. 

4.5 Third-Party Payment Processors

 The Company may utilize third-party payment processors to facilitate payment transactions. Your use of such third-party payment processors is subject to their respective terms and conditions. The Company shall not be responsible for any actions, errors, or omissions of third-party payment processors. 

5. Indemnification 

5.1 Indemnification 

Obligation You agree to indemnify, defend, and hold harmless Dune Music Group (“Company”), its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to: Your use of the Program; Your violation of these Terms of Service or any other applicable agreements or policies; Your infringement of any intellectual property rights or other rights of any third party; Your violation of any applicable laws or regulations. 

5.2 Defense

 and Control of Claims The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such a case, you agree to cooperate with the Company in asserting any available defenses. You shall not settle any claim without the prior written consent of the Company, which shall not be unreasonably withheld. 

6. Limitation of Liability 

6.1 Disclaimer of Warranties

 The Program is provided on an “as is” and “as available” basis. The Company makes no warranties or representations, express or implied, regarding the accuracy, reliability, or completeness of the Program. The Company disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. 

6.2 Limitation of Liability

 To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, directors, officers, employees, agents, or licensors be liable to you or any third party for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or business interruption, arising from or in connection with your use of the Program, even if the Company has been advised of the possibility of such damages. The Company’s liability for any claim arising out of or relating to these Terms of Service or your use of the Program shall be limited to the extent permitted by applicable law. 

6.3 Exclusions and Limitations

 Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you to the extent prohibited by law. In such jurisdictions, the Company’s liability shall be limited to the fullest extent permitted by applicable law. 

7. Governing Laws 

7.1 Applicable Laws

 These Terms of Service and any disputes arising out of or relating to the services provided by Dune Music Group (“Company”), including the musician management program called Dune ONE (“Program”), shall be governed by and construed in accordance with the laws of South Africa, excluding its conflict of laws provisions. 

7.2 Dispute Resolution 

7.2.1 Informal Dispute Resolution

 The Company is committed to resolving disputes with users informally. You agree to contact the Company with any concerns or disputes arising out of or relating to your use of the Program or these Terms of Service. The Company will make a good faith effort to resolve the dispute informally. 

7.2.2 Binding Arbitration

 You and the Company agree to submit any dispute arising out of or relating to these Terms of Service or your use of the Program to binding arbitration in accordance with the rules of a mutually agreed-upon arbitration service provider. The arbitration shall be conducted in Johannesburg, South Africa. The arbitrator’s decision shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. 

7.3 Waiver of Class Actions 

You and the Company agree to waive any right to participate in a class action or representative proceeding on behalf of the other party or other similarly situated individuals.

 8. Entire Agreement 

This Terms of Service constitutes the entire agreement between you and the Company regarding your access to and use of the Dune ONE program, including its free tier features. This agreement does not supersede any separate agreements you may enter into with the Company for additional services or paid tiers of the program. 

9. Severability

 If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. 

10. Amendments 

The Company reserves the right to amend these Terms of Service at any time. If the Company makes any material changes to these Terms of Service, we will notify you by posting the revised Terms of Service on the Program website and/or sending you an email notification. You are deemed to have accepted the amended Terms of Service by continuing to use the Program after the revised Terms of Service have become effective. It is recommended that you check the Terms of Service periodically for any changes. 

11. No Waiver 

The Company’s failure to enforce any provision of these Terms of Service shall not be construed as a waiver of such provision or any other provision of these Terms of Service. 

12. Data Privacy 

12.1 Commitment to Data Privacy

 Dune Music Group (“Company”) is committed to protecting the privacy of its users. This section outlines the Company’s practices regarding the collection, use, and disclosure of your personal information when you use the Program. 

12.2 Information We Collect

 We may collect the following types of information when you use the Program: Personal Information: This may include your name, email address, phone number, and other information you provide to us when you use the Program. Usage Data: We may collect data about how you use the Program, such as the features you access, and the time you spend on the Program. 

12.3 Use of Information 

We may use your information for the following purposes: To provide and improve the Program; To send you information about the Program, including updates, announcements, and promotional offers; To personalize your experience with the Program; To comply with legal and regulatory requirements. 

12.4 Disclosure of Information 

We may disclose your information to third-party service providers who help us operate the Program and provide services to you. We will only disclose your information to these third-party service providers under strict contractual obligations that require them to protect your information. 

12.5 Your Rights

 You have certain rights regarding your personal information, including the right to access, correct, or delete your information. You can also opt out of receiving marketing communications from us. For more information on how to exercise these rights, please contact us at the address below. 

12.6 Data Security

 The Company takes reasonable steps to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no internet transmission or electronic storage is ever completely secure. We cannot guarantee the security of your information. 

13. Contact Information 

If you have any questions or concerns regarding these Terms of Service, please contact us at: 

Dune Music Group 

admin@dunemusicgroup.com