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StereoPill Terms of Use

Purpose

The purpose of the StereoPill Privacy Policy (the “Terms”) is to inform users about who can use StereoPill, and what rights and obligations users have.  Information related to how we collect and use your information can be found in the StereoPill Privacy Policy. 

Basic Summary

While this summary is incomplete, you may read the Terms in their entirety below. 

·      Authorized users must be over 13 years old.

·      By using StereoPill, you agree to and are bound by these Terms.

·      The license to use StereoPill is non-transferrable.

·      You won’t post anything offensive, harassing or profane, or StereoPill might delete it.

·      StereoPill is provided as-is, and we’re not liable for any damages that are a result of the unavailability of the site or errors in communicating with your DJ or other event professional.  In other words, if the music at your event isn’t what you wanted, it’s not our fault.

 

StereoPill, LLC Terms of Use

Effective as of September 1, 2011

The Terms of Use are effective as of September 1, 2011 for StereoPill, a Massachusetts Limited Liability Company (“StereoPill,” “we,” “our” or “us”).  It applies worldwide for operation of the StereoPill.com website (the “Website” or the “site”) by computer, tablet, mobile phone or other wireless device capable of internet access.  These Terms will be re-evaluated and adjusted from time to time.  Any material changes to these Terms will be noted on the website or provided by email.  These Terms are a legal agreement between you, the user, and StereoPill. 

Parental Advisory Notice

Children between the ages of 13 and 17 should carefully review these Terms with their parent or legal guardian.  StereoPill is not for use of children under the age of 13, and StereoPill does not knowingly collect personal information about children under 13.  By using or subscribing to StereoPill’s web services, you agree to be bound by these Terms in their entirety.  If you do not agree with these terms, or any part thereof, you are not authorized to use StereoPill.  You may be denied access to StereoPill or any of its services if you are determined to be in violation of any provision of these Terms, at the sole discretion of StereoPill.

Authorized StereoPill Users

To be authorized to use StereoPill and any service it offers, you must

·      Be at least 13 years of age;

·      Have accepted and agreed to be bound by these Terms and Conditions.

Registration

If you register for StereoPill and provide us with your email address or other contact information, we will act on that information in accordance with our Privacy Policy.  By providing us with your contact information, we may contact you with service-related notices and other notices as required by law.  You may opt out by editing your Settings, or contact us at support@stereopill.com

Account Security

You agree that you will not provide any other user with your account information, including login information and password.  You are solely responsible for the security of your account information, and should protect your information accordingly.  StereoPill, its agents, affiliates and business partners are not liable for your information or account if your account information is lost, stolen or misused by a third party.

StereoPill has implemented reasonable electronic and physical security measures to protect your account information, but no security measures are ever impenetrable.

License Granted

StereoPill grants you a limited, non-exclusive, non-transferable license to access and use the StereoPill services.  If you are a paid subscriber of StereoPill, your use of the StereoPill services is contingent upon your payment of any applicable fees.  Any violation by you of the license provisions in this section may result in termination of your use of StereoPill.  Any use of StereoPill not specifically mentioned in these Terms is specifically prohibited.  From time-to-time, StereoPill may upgrade or change its services at its sole discretion, and is under no obligation to update, change or maintain its services.

Restrictions on Use

You agree that you will not:

·      Collect or harvest any data about other users;

·      Place a disproportionately large traffic load on the StereoPill website or servers;

·      Make any of the StereoPill services available outside of the StereoPill website or through any interface other than the StereoPill interface;

·      Provide your password to any third party;

·      Translate, reverse engineer, decompile, disassemble, modify or create any derivative piece of software based on StereoPill’s code;

·      Circumvent or attempt to circumvent any of StereoPill’s security measures;

·      Rent, sub-lease or sub-license any of the StereoPill Services;

·      Violate the terms of this agreement;

·      Interfere with other users’ use of StereoPill’s services.

User Content & Interactive Service

StereoPill features a user interactive service, and permits users to post content in forums, message boards, etc.  If you choose to post or add content of any kind, you are solely responsible for those submissions, and you represent and warrant that you:

·      own or otherwise have all necessary rights or permissions to use the content of your submissions;

·      will not cause any injury to any person or entity by posting your submissions.

By posting a submission, you grant us, our affiliates, partners and any related entities a worldwide, perpetual, royalty-free, non-exclusive sub-licensable license to use, reproduce, modify, create derivative works of, distribute, publicly perform, store and otherwise publish your submission.  This license will apply to any content platform currently available or developed in the future.

StereoPill cannot and does not monitor all communications between users in forums or otherwise.  All communications between users must comply with any applicable federal, state and international laws.  StereoPill reserves the right to remove any and all user-submitted content from its website at any time at its sole discretion.  You agree that you will not post any material that:

·      Is profane, vulgar, abusive or racially, ethnically or otherwise objectionable;

·      Is or could be reasonable construed as threatening, defamatory, tortious, vulgar, harassing, obscene, pornographic, libelous, disparaging, inflammatory, false, misleading, fraudulent, inaccurate, unfair, violates the privacy rights of any third party, is harmful or offensive in StereoPill’s sole discretion;

·      May harm a minor any any way

·      Violates or inappropriately encourages the violation of any federal, state,  or international law, code or ordinance;

·      Advertises or promotes offers to trade any goods or services;

·      Contains private information – including personally identifying information and financial information – of any third party;

·      Transmits any harmful file or string of code;

·      Misrepresents affiliation with a third party;

·      Harasses any other individual or entity.

StereoPill reserves the right to view, monitor and remove any user-submitted content, and remove or ban any offending users. 

If you believe any user submission violates these Terms, please contact support@stereopill.com

Copyrights

StereoPill owns or has the rights to use all copyrighted materials displayed on its services.  All copyrighted materials are property of the respective owners and may be protected by applicable intellectual property laws or treaties. 

Trademarks

The following are trademarks, registered or unregistered, owned by StereoPill: StereoPill, the StereoPill logo.  You are not granted any rights or license to use any of these trademarks, or any other third-party trademarks displayed on the StereoPill services, for any purpose without prior, written consent of StereoPill.

Payment

If you are a paid subscriber of the StereoPill services, you agree to pay all applicable fees on time. 

Term of this Agreement

This agreement will remain in effect until terminated by you or terminated by StereoPill.

Disclaimers

StereoPill and every service it offers is provided to you “AS IS.”  StereoPill disclaims, to the maximum extent allowed by law any warranties, express or implied, including, but not limited to: implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  There are no guarantees that the StereoPill services will be free from data loss or destruction, corruption, viruses, attack, hacking or security intrusion, and StereoPill will not be held liable in any manner for anything related to the above. 

StereoPill does not guarantee or represent that the use of its services will be free of error, uninterrupted, perfect, or reliable.  StereoPill does not guarantee that the use of its services will provide users with an enhanced experience of any kind. 

StereoPill will not be liable for any mistakes, errors, or poor performances on behalf of any third party.  If the music at your party is not what you wanted, it’s not our fault.

StereoPill does not assume ANY liability in regards to information you submit on its website.

StereoPill is not liable for your exposure to offensive, indecent or otherwise objectionable content anywhere on its services, whether provided by StereoPill or by a third party.

Limitation of Liability

Under no circumstances will StereoPill be liable to you for indirect, specific, general, incidental, consequential, exemplary or other damages, including damages from loss of profits, loss of business, business interruption, corruption of files or other data or any other information or monetary loss, EVEN IF STEREOPILL HAS BEEN INFORMED IN ADVANCE THAT SUCH LOSSES MAY OCCUR.  In some jurisdictions the exclusions of implied warranties is disallowed, so this provision might not apply to you in full. 

StereoPill’s entire liability and your exclusive and only remedy under this agreement is limited to the greater of one US Dollar ($1.00) or the total amount paid by you for the applicable StereoPill services in question.

Indemnity

You indemnify and hold StereoPill, its directors, officers, employees, agents, contractors, affiliates and licensors harmless with respect to any claim or lawsuit arising out of your breach of this agreement including, but not limited to any infringement by you of any of the Copyright or Intellectual Property rights of any third party, OR your use of the StereoPill services.

 Disputes & Choice of Law

Any controversy or claim arising out of, or relating to these Terms or to the StereoPill services shall be determined by arbitration by a single arbitrator in Suffolk County, Massachusetts.  Judgment may be entered in any court which has jurisdiction over the controversy.  Notwithstanding this provision, a) StereoPill may bring any claim or lawsuit for the purpose of enforcing any of its intellectual property rights in any court of competent jurisdiction; b) StereoPill is entitled to seek equitable or injunctive relief in any court of competent jurisdiction. 

You agree that the following types of disputes are not subject to the above binding arbitration provision: any claim or controversy reasonably related to StereoPill’s intellectual property rights, and any claim for injunctive relief.

Arbitration shall be limited to the dispute between StereoPill and you individually.  No arbitration shall be joined with another.  There is no right or authority for any dispute to be arbitrated on a class-action basis or use any class action procedures whatsoever.  There is no right to bring a suit as a representative of the general public or other persons.

For any dispute that is not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Suffolk County, Massachusetts.  Any dispute shall be resolved in those courts, and you waive all jurisdictional and venue defenses that are otherwise available.  All disputes between you and StereoPill shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. 

You also agree that you will file any claim regarding any aspect of this agreement within one year of the date the events that gave rise to such a claim began, or you specifically waive such a claim.

General Provisions

You are fully responsible for paying any internet, mobile or data access charges that are required to use StereoPill.

If ads from third parties are displayed on the StereoPill website, StereoPill is not responsible for the content of those ads, and StereoPill is not responsible or liable for any loss or damage that occurs as a result of any dealings with such third parties.

You will not sublease, assign or transfer the license granted to you under this agreement.  Any attempt to sublease, assign or transfer this license is void.

StereoPill may provide notifications, as required by law, or for marketing-related purposes to you via email, text message, written or hard copy, or posting of such a notification on the site.  Such notifications will be provided by StereoPill in its sole discretion.  You may opt out of some notices by changing your privacy settings as described in this agreement. 

YOU ACKNOWLEDGE THAT YOU AGREE TO AND UNDERSTAND THIS AGREEMENT, AND ARE BOUND TO ITS TERMS AND CONDITIONS.  YOU AGREE THAT THIS AGREEMENT REPRESENTS THE EXCLUSIVE AND COMPLETE AGREEMENT BETWEEN YOU AND STEREOPILL, AND THAT THIS AGREEMENT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT – BE IT ORAL OR WRITTEN – AND ANY OTHER COMMUNICATION BETWEEN YOU AND STEREOPILL.  YOU ALSO AGREE THAT STEREOPILL’S FAILURE TO ENFORCE ANY PROVISIONS OF THIS AGREEMENT DOES NOT CONSTITUTE A WAIVER OF STEREOPILL’S RIGHT TO ENFORCE SUBSEQUENTLY ANY TERMS OF THIS AGREEMENT.

 

Changing your Privacy Settings

[Reserved until site is finalized]

To modify registration information:

To change privacy settings:

To opt-out of emails:

 

Contact:

legal@stereopill.com

or by mail:

StereoPill

Attn: General Counsel

251 Heath St., Suite 111

Boston, MA