Tindeck is a free MP3 upload site that helps you share your original music and audio with people around the world. To get started, register your free account, or log in.
GENERAL TERMS AND CONDITIONS

TINDECK.com ("Tindeck") provides web hosting and file retrieval services for its users based on the following provisions.

I. General Provisions

(1) Tindeck provides its users with an infrastructure which enables the users to save audio files for distribution via Tindeck's network. When a file is uploaded, it is made available via the Tindeck website, http://www.tindeck.com, and may be downloaded or distributed by anyone who chooses to do so.

(2) The files saved at Tindeck are licensed under a Creative Commons License. Tindeck does not claim any additional rights over or above those provided by the Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 license.

(3) The basic services offered by Tindeck are essentially free of charge. However, Tindeck offers an additional premium membership which significantly increases the service capability and ease of use which are subject to costs.

II. Upload Regulations

(1) Users may save any audio file in any format available to them by virtue of their account status at Tindeck irrespective of the file contents, excluding files the possession and/or circulation of which is illegal, such as

- works the download of which violates third party copyrights;

- racist or violence-glorifying works,

- instructions to criminal offences against public peace.
This list is not conclusive.

(2) Tindeck will block access to such contents immediately after obtaining knowledge thereof and will delete them after an examination phase of up to 14 days. Furthermore, it will endeavour to the best of its ability to delete files which are identical to previously deleted files.

(3) With regard to users who violate these upload regulations, Tindeck is entitled to terminate the contractual relationship without notice, to block the access of the respective users to its services and/or to delete accounts of such users including all contents.

III. Free Use

(1) Tindeck provides its free users with line and memory capacity at its sole discretion. It is entitled to temporarily disallow the saving of new files, to determine limitations regarding the maximum possible file size, to have the download of files only started after a waiting period, to adapt the rate of transmission to the visitor traffic and to limit the amount of the maximum permissible downloads per file. Tindeck points out that in order to clean up its hard drives it deletes such files which were uploaded by free users and which were not accessed for a time period of 90 days.

(2) Users of the Tindeck infrastructure have the opportunity to directly manage their uploads at their discretion and at their sole responsibility.

IV. Premium Membership

(1) Apart from the free use indicated under section III, users of the Tindeck infrastructure have the opportunity of establishing premium memberships subject to costs with which they can make use of additional services.

(2) Tindeck shall, for the duration of the user's premium membership, offer additional services and abilities to such users. The exact nature of these additional services and features may change from time-to-time, at the sole discretion of Tindeck and its operators.

(3) Premium users are obligated to keep the user names and passwords communicated to them secret. A transmission of user names and passwords to third parties is prohibited. A commercial resale of premium memberships shall only be permitted with the prior consent of Tindeck. Tindeck reserves the right to disable memberships which are used directly or indirectly by several persons or which have been resold commercially without the consent of Tindeck.

V. Payment

(1) For the acquisition of a premium membership Tindeck offers its customers the possibility to settle the accruing fee for the membership via the payment service provider PayPal.

(2) Users who choose payment via the service provider PayPal will be transferred to an SSL encrypted website at which they can authorise the payment via an already existing PayPal account or via credit card. Afterwards PayPal will transfer the user back to Tindeck. As soon as PayPal has confirmed the receipt of payment to Tindeck, Tindeck will indicate the user's access data in the browser and will send it to him/her via email. Tindeck will not process an account upgrade until PayPal has cleared the user's payment, a process which may take a number of business days to achieve and is beyond Tindeck's responsibility or control.

(3) Tindeck explicitly points out that it will immediately block premium memberships if the payments made for these memberships are back posted, if debit balances or credit card charges fall through or if payment service providers preventively back post a payment due to irregularities. Tindeck is not in a position to clarify the reasons for back postings and it will refer the user to his/her bank or the payment provider which he/she has selected in cases of such payment difficulties.

VI. Availability; Data Security

(1) Tindeck will provide the functions stated under section I. (1), in principle, 24 hours a day and seven days a week, however, only with a guaranteed availability rate of 99% as a monthly average. Excluded hereof are time periods in which the servers are not accessible via the Internet due to technical or other problems which are not within Tindeck's control (third party fault, force majeure, etc.).

(2) Tindeck strives to organise maintenance work as quickly as possible. Tindeck will limit the access to its service temporarily in the event that the security or the functional capability of the network operations requires it at Tindeck's discretion. Should such limitations become necessary (for instance in order to defend against attacks), Tindeck will endeavour to inform its users about the background of this limitation. Should it be foreseeable that downtimes for maintenance or software updates take longer than three hours, Tindeck will inform its users of this at least three days before executing the respective work if circumstances dictate it to be possible.

VII. Miscellaneous

(1) Tindeck will inform users via email about amendments to the General Terms and Conditions before they come into effect. In the event that amendments have been effected to the user's disadvantage, he/she is entitled to cancel the contractual relationship within a time limit of four weeks as of receipt of the notification of change provided that his/her premium membership does not end before the legal validity of the altered General Terms and Conditions. Should the user not make use of his/her right of cancellation, the alterations are presumed to be accepted and become an effective integral part of the contract. When communicating newly composed General Terms and Conditions, Tindeck is obligated to again specifically point out this provision to its users.

(2) Should a term of the contract or a provision of the General Terms and Conditions be or become entirely or partially ineffective, this shall not affect the validity of the rest of the contract or the General Terms and Conditions. In lieu of the invalid condition such valid provision shall be incorporated as shall best approximate the actual purpose of the stipulated condition. The same shall also apply should any omission in the agreement become apparent.

Last Modified: Monday, 2 February, 2009