LEGAL
Terms of Use
Last updated: August 2026
00
Overview
Any person (“user,” “you” or “your”) using the Stereopool mobile application (“App”) and related services, products, platforms, websites, and offerings (collectively, the “Offerings”), made available by Mantra Ray LLC (“Mantra Ray,” “we,” “us,” or “our”) agrees to be bound by the following Terms of Use (“Terms of Use”) and Privacy Policy.
By accessing or using any part of the Offerings, you accept, without limitation or qualification, these Terms of Use and agree to comply with all applicable laws. If you do not wish to be bound by these Terms, you may not use any portion of the Offerings.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF USE CONTAIN TERMS THAT GOVERN HOW CLAIMS
BETWEEN YOU AND US WILL BE RESOLVED. FOR EXAMPLE, SECTION 21 CONTAINS AN ARBITRATION
AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO
A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON
BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THE OFFERINGS OR ANY ASSOCIATED
WEBSITES OR APP, PLEASE CONTACT US VIA EMAIL AT SUPPORT@STEREOPOOL.IO.
Any person (“user,” “you” or “your”) using the Stereopool mobile application (“App”) and related services, products, platforms, websites, and offerings (collectively, the “Offerings”), made available by Mantra Ray LLC (“Mantra Ray,” “we,” “us,” or “our”) agrees to be bound by the following Terms of Use (“Terms of Use”) and Privacy Policy.
By accessing or using any part of the Offerings, you accept, without limitation or qualification, these Terms of Use and agree to comply with all applicable laws. If you do not wish to be bound by these Terms, you may not use any portion of the Offerings.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF USE CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US WILL BE RESOLVED. FOR EXAMPLE, SECTION 21 CONTAINS AN ARBITRATION
AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THE OFFERINGS OR ANY ASSOCIATED WEBSITES OR APP, PLEASE CONTACT US VIA EMAIL AT SUPPORT@STEREOPOOL.IO.
Any person (“user,” “you” or “your”) using the Stereopool mobile application (“App”) and related services, products, platforms, websites, and offerings (collectively, the “Offerings”), made available by Mantra Ray LLC (“Mantra Ray,” “we,” “us,” or “our”) agrees to be bound by the following Terms of Use (“Terms of Use”) and Privacy Policy.
By accessing or using any part of the Offerings, you accept, without limitation or qualification, these Terms of Use and agree to comply with all applicable laws. If you do not wish to be bound by these Terms, you may not use any portion of the Offerings.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF USE CONTAIN TERMS THAT GOVERN HOW CLAIMS
BETWEEN YOU AND US WILL BE RESOLVED. FOR EXAMPLE, SECTION 21 CONTAINS AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION WHICH STATES THAT WE MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THE OFFERINGS OR ANY ASSOCIATED WEBSITES OR APP, PLEASE CONTACT US VIA EMAIL AT SUPPORT@STEREOPOOL.IO.
01
Use of the Offerings
The Offerings provide an audio community platform where you may upload audio
and listen to audio uploaded by other users. The Offerings are provided for your personal and non-commercial use. Any other use of the Offerings requires the prior written consent of Mantra Ray. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Offerings. Further, you may not use any such automated means to manipulate the Offerings, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Offerings or any other user's use of the Offerings, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Offerings, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms
of Use. You may not frame portions of the Offerings within another website or application. You may not resell use of, or access to, the Offerings to any third party without our prior written consent. The Offerings are intended only for users who are sixteen (16) years of age or older. By using the Offerings, you represent and warrant that you are at least sixteen (16) years of age or are the age of majority in which you reside. IF YOU ARE YOUNGER THAN EIGHTEEN (18) (OR THE AGE OF LEGAL MAJORITY WHERE YOU LIVE): (1) YOU MAY NOT ACCESS OR USE RESTRICTED FEATURES, AND (2) YOU MAY USE THE APPLICATION (OTHER THAN RESTRICTED FEATURES) ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER UNDER THE AGE OF EIGHTEEN (18), YOU AGREE TO BE FULLY RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUCH USER IN RELATION TO ANY USE OF THE APPLICATION. By using any part of the Offerings, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use.
The Offerings provide an audio community platform where you may upload audio and listen to audio uploaded by other users. The Offerings are provided for your personal and non-commercial use. Any other use of the Offerings requires the prior written consent of Mantra Ray. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Offerings. Further, you may not use any such automated means to manipulate the Offerings, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Offerings or any other user's use of the Offerings, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Offerings, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Offerings within another website or application. You may not resell use of, or access to, the Offerings to any third party without our prior written consent. The Offerings are intended only for users who are sixteen (16) years of age or older. By using the Offerings, you represent and warrant that you are at least sixteen (16) years of age or are the age of majority in which you reside. IF YOU ARE YOUNGER THAN EIGHTEEN (18) (OR THE AGE OF LEGAL MAJORITY WHERE YOU LIVE): (1) YOU MAY NOT ACCESS OR USE RESTRICTED FEATURES, AND (2) YOU MAY USE THE APPLICATION (OTHER THAN RESTRICTED FEATURES) ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER UNDER THE AGE OF EIGHTEEN (18), YOU AGREE TO BE FULLY RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUCH USER IN RELATION TO ANY USE OF THE APPLICATION. By using any part of the Offerings, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions of these Terms of Use.
02
Access
Use of the Offerings requires a compatible mobile device and requires Internet access. Your ability to use the Offerings may be affected by the performance of these items. You acknowledge and agree that compliance with all such system requirements, which may be changed from time to time, are your responsibility. Your mobile carrier’s standard charges, data rates and other fees may apply. You agree to always use the most recent version of the Offering made available by us.
Use of the Offerings requires a compatible mobile device and requires Internet access. Your ability to use the Offerings may be affected by the performance of these items. You acknowledge and agree that compliance with all such system requirements, which may be changed from time to time, are your responsibility. Your mobile carrier’s standard charges, data rates and other fees may apply. You agree to always use the most recent version of the Offering made available by us.
03
Privacy
All information we collect via the Offerings is subject to our Privacy Policy, located at www.stereopool.io/privacy. Please review the Privacy Policy, it controls: (a) what information we may collect about you; (b) how we use that information; (c) what information, if any, you agree to share with third parties; (d) with whom we share your information; and (e) your privacy options. By using the Offerings, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Additionally, you acknowledge and agree that transmissions made over the internet are never completely private or secure and that messages or information you send to the Offerings may be intercepted or read by others.
04
Registration and Passwords
In order to access the Offerings, you will be required to set up an account (the “Account”) using your email or other means designated by Mantra Ray. You are solely responsible for
keeping your usernames and/or passwords safe and secure, and for all activity using your usernames and/or passwords. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You agree that, to the extent permitted by law, Mantra Ray will not be liable for any loss you may incur as a result of someone other than you using your Account to access information, either with or without your knowledge. We reserve the right, in our sole discretion, to terminate or suspend your Account or access to the Offerings, at any time and without notice, if we believe you have violated these Terms of Use or for any other reason deemed appropriate.
In order to access the Offerings, you will be required to set up an account (the “Account”) using your email or other means designated by Mantra Ray. You are solely responsible for keeping your usernames and/or passwords safe and secure, and for all activity using your usernames and/or passwords. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You agree that, to the extent permitted by law, Mantra Ray will not be liable for any loss you may incur as a result of someone other than you using your Account to access information, either with or without your knowledge. We reserve the right, in our sole discretion, to terminate or suspend your Account or access to the Offerings, at any time and without notice, if we believe you have violated these Terms of Use or for any other reason deemed appropriate.
In order to access the Offerings, you will be required to set up an account (the “Account”) using your email or other means designated by Mantra Ray. You are solely responsible for keeping your usernames and/or passwords safe and secure, and for all activity using your usernames and/or passwords. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You agree that, to the extent permitted by law, Mantra Ray will not be liable for any loss you may incur as a result of someone other than you using your Account to access information, either with or without your knowledge. We reserve the right, in our sole discretion, to terminate or suspend your Account or access to the Offerings, at any time and without notice, if we believe you have violated these Terms of Use or for any other reason deemed appropriate.
05
Corrections
Subject to limitations in the applicable technologies and devices we use, we attempt to be
accurate to the extent reasonably possible, however, we do not warrant that any description or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Offerings, or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Offerings at any time without notice, and/or refund any amount charged.
Subject to limitations in the applicable technologies and devices we use, we attempt to be accurate to the extent reasonably possible, however, we do not warrant that any description or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Offerings, or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Offerings at any time without notice, and/or refund any amount charged.
06
Our Proprietary Rights
Mantra Ray is the owner of or otherwise licensed to use all parts of the App and Offerings, including all copy, software, graphics, designs and all copyrights, trademarks, service marks,
trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Offerings belong to third parties who have authorized Mantra Ray to display the materials, such as associated creative assets, and other proprietary materials. By using the Offerings, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Offerings provided, however, that such license is subject to your compliance with these Terms of Use. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Offerings, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Offerings, in each case for the sole purpose of enabling you to use the Offerings as permitted by these Terms of Use. This license is personal to you and may not be assigned, sub-licensed or otherwise transferred to anyone else. You agree that you will not: (i) reproduce, copy, transfer, give access to, distribute, sell, rent, lease, assign, sublicense, create derivative works from, decompile, reverse engineer, or disassemble the Offerings or any part thereof; (ii) take any measures to interfere with or damage the Offerings or any part thereof.
All other third-party trademarks, registered trademarks, and product names mentioned on the Offerings are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Mantra Ray.
Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Offerings. All rights not granted under these Terms of Use are reserved by Mantra Ray.
Mantra Ray is the owner of or otherwise licensed to use all parts of the App and Offerings, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Offerings belong to third parties who have authorized Mantra Ray to display the materials, such as associated creative assets, and other proprietary materials. By using the Offerings, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Offerings provided, however, that such license is subject to your compliance with these Terms of Use. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Offerings, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Offerings, in each case for the sole purpose of enabling you to use the Offerings as permitted by these Terms of Use. This license is personal to you and may not be assigned, sub-licensed or otherwise transferred to anyone else. You agree that you will not: (i) reproduce, copy, transfer, give access to, distribute, sell, rent, lease, assign, sublicense, create derivative works from, decompile, reverse engineer, or disassemble the Offerings or any part thereof; (ii) take any measures to interfere with or damage the Offerings or any part thereof.
All other third-party trademarks, registered trademarks, and product names mentioned on the Offerings are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Mantra Ray.
Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Offerings. All rights not granted under these Terms of Use are reserved by Mantra Ray.
07
User Content
The Offerings allow you to submit or post audio files and text comments and engage with
other users (“Content”). You may only post Content that you created or which the owner of the Content has given you permission to post. You are solely responsible for anything you may post on the Offerings and the consequences of posting anything on the Offerings. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you create, submit, post, promote, or display on or through the Offerings. You represent and warrant that such Content does not: (i) contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Mantra Ray the license described above, (ii) depict or include the likeness of any person other than yourself, or include any personally identifying information of any person other than yourself, and (iii) violate any laws.
By using the Offerings in conjunction with creating, submitting, posting, promoting, or displaying Content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display such Content, including but not limited to text, communications, comments, feedback,suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Offerings for our current and future business purposes, including to provide, promote, and improve the Offerings. Once you submit or post Content to the Offerings, Mantra Ray does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Mantra
Ray owns all right, title, and interest in any compilation, collective work, or other derivative work created by Mantra Ray using or incorporating Content posted to the Offerings.
The Offerings allow you to submit or post audio files and text comments and engage with other users (“Content”). You may only post Content that you created or which the owner of the Content has given you permission to post. You are solely responsible for anything you may post on the Offerings and the consequences of posting anything on the Offerings. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you create, submit, post, promote, or display on or through the Offerings. You represent and warrant that such Content does not: (i) contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Mantra Ray the license described above, (ii) depict or include the likeness of any person other than yourself, or include any personally identifying information of any person other than yourself, and (iii) violate any laws.
By using the Offerings in conjunction with creating, submitting, posting, promoting, or displaying Content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display such Content, including but not limited to text, communications, comments, feedback,suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Offerings for our current and future business purposes, including to provide, promote, and improve the Offerings. Once you submit or post Content to the Offerings, Mantra Ray does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Mantra Ray owns all right, title, and interest in any compilation, collective work, or other derivative work created by Mantra Ray using or incorporating Content posted to the Offerings.
08
Activities Prohibited by Offerrings
Activities Prohibited by Offerings
Mantra Ray expects all of its users to abide by certain rules and restrictions. The following is a partial list of the types of conduct that are illegal or prohibited on the Offerings or while using the Offerings. Mantra Ray reserves the right to investigate and take appropriate
legal or other action against anyone who, in Mantra Ray’s sole discretion, engages in any of the prohibited activities.
Without limitation, you agree that you will not post or transmit to the Offerings or to other users anything that contains content that:
is defamatory, abusive, obscene, profane or offensive;
infringes or violates another party's intellectual property rights (such as music, audio recordings, or other materials for which you do not have written authority from the owner of such materials to post on the Offerings);
violates any party’s right of publicity or right of privacy;
is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
promotes or encourages violence;
is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
is illegal or promotes any illegal activities;
promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
contains “masked” profanity (i.e., F*@&#);
contains software viruses or any other computer code, files or programs designed to interrupt,destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
contains any advertising, promotional materials, "junk mail," "spam","chain letters," "pyramid schemes," or any other form of solicitation.
Mantra Ray is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Mantra Ray will make all determinations as to what Content is appropriate in its sole discretion. Mantra Ray may edit or remove any Content at any time without notice. In cases involving unlawful activity, Mantra Ray may cooperate with law enforcement and other relevant authorities.
Mantra Ray expects all of its users to abide by certain rules and restrictions. The following is a partial list of the types of conduct that are illegal or prohibited on the Offerings or while using the Offerings. Mantra Ray reserves the right to investigate and take appropriate legal or other action against anyone who, in Mantra Ray’s sole discretion, engages in any of the prohibited activities.
Without limitation, you agree that you will not post or transmit to the Offerings or to other users anything that contains content that:
• is defamatory, abusive, obscene, profane or offensive;
• infringes or violates another party's intellectual property rights (such as music, audio recordings, or other materials for which you do not have written authority from the owner of such materials to post on the Offerings);
• violates any party’s right of publicity or right of privacy;
• is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• promotes or encourages violence;
• is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
• is illegal or promotes any illegal activities;
• promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;
• contains “masked” profanity (i.e., F*@&#);
• contains software viruses or any other computer code, files or programs designed to interrupt,destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains any advertising, promotional materials, "junk mail," "spam","chain letters," "pyramid schemes," or any other form of solicitation.
Mantra Ray is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Mantra Ray will make all determinations as to what Content is appropriate in its sole discretion. Mantra Ray may edit or remove any Content at any time without notice. In cases involving unlawful activity, Mantra Ray may cooperate with law enforcement and other relevant authorities.
09
No Ideas Accepted
Mantra Ray does not accept any unsolicited ideas from outside the Mantra Ray including without limitation suggestions about advertising, promotion or merchandising of our products,
additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea or any other contribution or feedback regarding the Offerings (“Feedback”), you understand and acknowledge that such Feedback is not submitted in confidence and Mantra Ray assumes no obligation, expressed or implied, by considering it. You further understand that Mantra Ray shall exclusively own all known or hereafter existing rights to the Feedback everywhere in the world, and that you hereby assign to Mantra Ray any and all right, title,
and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Mantra Ray an irrevocable, perpetual, world-wide license to use the Feedback in any manner, in any medium now known or hereafter developed, without compensation to you.
10
Links; Third Party Transactions
The Offerings may contain links to other websites or applications not maintained by Mantra Ray. Other websites or apps may also reference or link to our Offerings. We encourage you to be aware when you leave our Offerings and to read the Terms of Use and privacy statements of each and every website or app that you visit. We are not responsible for the practices or
the content of such other websites or apps. Through your use of the Offerings, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE OFFERINGS FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
The Offerings may contain links to other websites or applications not maintained by Mantra Ray. Other websites or apps may also reference or link to our Offerings. We encourage you to be aware when you leave our Offerings and to read the Terms of Use and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps. Through your use of the Offerings, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE OFFERINGS FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US.
11
No Warranties; Limitation of Liability
WHILE MANTRA RAY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE OFFERINGS AND TO USE TECHNOLOGY THAT IT BELIEVES TO BE RELIABLE, MANTRA RAY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS AND YOU SPECIFICALLY ACKNOWLEDGE THAT THE OFFERINGS MAY USE TECHNOLOGY THAT MAY NOT ALWAYS BE ACCURATE. MANTRA RAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT IN OR AS PART OF THE OFFERINGS. YOUR USE OF THE OFFERINGS (INCLUDING ANY USER DECISIONS FROM INTERACTIONS ON THE APP OR THE OFFERINGS) IS AT YOUR OWN RISK. THE OFFERINGS, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE OFFERINGS, IS PROVIDED "AS IS" AND MANTRA RAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE OFFERINGS. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MANTRA RAY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MANTRA RAY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE OFFERINGS OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE OFFERINGS OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MANTRA RAY SHALL NOT BE LIABLE FOR THE USE OF THE OFFERINGS, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. UNDER NO CIRCUMSTANCES WILL MANTRA RAY AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS MANTRA RAY AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE.
IN NO EVENT WILL MANTRA RAY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY
OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE OFFERINGS, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing the Offerings.
12
Waiver By California Residents
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
12
Digital Millenium Copyright Act ("DMCA') Notice:
COPYRIGHT MANAGER, MANTRA RAY LLC
228 Park Ave S #264773
New York, NY 10003
+1 (646)-926-0645
info@mantra-ray.com
Materials may be made available via the Offerings by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Offerings for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Offerings. If you believe any materials on the Offerings infringe a copyright,
you should provide us with written notice that at a minimum contains:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Information reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows: It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
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Digital Millenium Copyright Act ("DMCA') Notice:
Materials may be made available via the Offerings by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Offerings for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Offerings. If you believe any materials on the Offerings infringe a copyright,
you should provide us with written notice that at a minimum contains:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows: It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
COPYRIGHT MANAGER, MANTRA RAY LLC
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
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Changes
All information posted on the Offerings is subject to change without notice. In addition, these Terms of Use and Privacy Policy may be changed at any time without prior notice. We will make such changes by posting them on the Offerings. You should check the Offerings for such changes frequently. Your continued access of the Offerings after such changes conclusively demonstrates your acceptance of those changes. We reserve the right to withdraw or amend the Offerings, and any service or material we provide via the Offerings, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Offerings is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Offerings or all Offerings.
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Indemnification
You agree to indemnify, defend and hold harmless Mantra Ray, its employees, directors,
officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms of Use or applicable law.
You agree to indemnify, defend and hold harmless Mantra Ray, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms of Use or applicable law.
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Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for
any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
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Compliance with Laws
You represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Offerings. Without limiting the foregoing, by using the Offerings, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo("Embargoed Jurisdiction"); and (b) you are not subject to, and are not affiliated with anyone who is subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”). You may not use, export, or re-export any Offerings in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You further covenant that the foregoing shall be true during the entire period of this agreement. We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms of Use. In such cases, we, in our sole discretion, may disable your Account and block your ability to access the Offerings until such additional
information and documents are processed by us. If you do not provide complete and accurate
information in response to such a request, we may refuse to restore your access to the Offerings.
You represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Offerings. Without limiting the foregoing, by using the Offerings, you represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo("Embargoed Jurisdiction"); and (b) you are not subject to, and are not affiliated with anyone who is subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, “Sanctions”). You may not use, export, or re-export any Offerings in violation of applicable law, including, without limitation, United States and foreign export laws and regulations. You further covenant that the foregoing shall be true during the entire period of this agreement. We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms of Use. In such cases, we, in our sole discretion, may disable your Account and block your ability to access the Offerings until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Offerings.
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Waiver; Remedies; Entire Agreement
The failure of Mantra Ray to partially or fully exercise any rights or the waiver of Mantra Ray of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Mantra Ray or be deemed a waiver by Mantra Ray of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Mantra Ray under these Terms of Use and any other applicable agreement between you and Mantra Ray shall be
cumulative, and the exercise of any such right or remedy shall not limit Mantra Ray's right to exercise any other right or remedy. The Terms of Use, the Additional Terms, and our Privacy Policy constitute the sole and entire agreement between you and Mantra Ray regarding the Offerings and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Offerings.
The failure of Mantra Ray to partially or fully exercise any rights or the waiver of Mantra Ray of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Mantra Ray or be deemed a waiver by Mantra Ray of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Mantra Ray under these Terms of Use and any other applicable agreement between you and Mantra Ray shall be cumulative, and the exercise of any such right or remedy shall not limit Mantra Ray's right to exercise any other right or remedy. The Terms of Use, the Additional Terms, and our Privacy Policy constitute the sole and entire agreement between you and Mantra Ray regarding the Offerings and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Offerings.
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International Access
Our Offerings are provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Offerings. We make no representations regarding the legality of this Offerings in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
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Governing Law; Dispute Resolution; Class Action Waiver
The laws of the State of New York shall govern these Terms of Use. While we will make reasonable efforts to resolve any disagreements you may have with Mantra Ray, if these efforts fail you agree that all claims, disputes or controversies against Mantra Ray arising out of these Terms of Use, or the purchase of any products or services (“Claims”) shall be
exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association
in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Mantra Ray agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association
App: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Use, in which case these Terms of Use will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MANTRA RAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE
ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER
REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-
REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES.
The laws of the State of New York shall govern these Terms of Use. While we will make reasonable efforts to resolve any disagreements you may have with Mantra Ray, if these efforts fail you agree that all claims, disputes or controversies against Mantra Ray arising out of these Terms of Use, or the purchase of any products or services (“Claims”) shall be
exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Mantra Ray agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.
American Arbitration Association
App: www.adr.org
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Use, in which case these Terms of Use will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MANTRA RAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
Time Bar: ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES.
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Additional Terms:
Apple App Store Terms. The following terms and conditions apply to you only if you acquired the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply. You acknowledge and agree that these Terms and Conditions are solely between you and us, not Apple, and that Apple has no responsibility for the App. Your use of the App must comply with Apple’s App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/us/terms.html. You acknowledge that Apple has no obligation whatsoever to
furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and Conditions and any law applicable to us as provider of the App. You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as relates to your license of the App, and that, upon your acceptance of the these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as relates to your license of the App against you as a third party beneficiary thereof.
Mobile Software from Google Play. If you acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms that Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of any App. Seated and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Seated or you (or any other user) under these Terms or the Google Play Terms.
a. Apple App Store Terms. The following terms and conditions apply to you only if you acquired the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply. You acknowledge and agree that these Terms and Conditions are solely between you and us, not Apple, and that Apple has no responsibility for the App. Your use of the App must comply with Apple’s App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/us/terms.html. You acknowledge that Apple has no obligation whatsoever to
furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and Conditions and any law applicable to us as provider of the App. You acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as relates to your license of the App, and that, upon your acceptance of the these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as relates to your license of the App against you as a third party beneficiary thereof.
b. Mobile Software from Google Play. If you acquire the App from Google, Inc. or one of its
affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms that Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of any App. Seated and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Seated or you (or any other user) under these Terms or the Google Play Terms.
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Questions
Should you have any questions regarding these Terms of Use you may contact us at:
STEREOPOOL SUPPORT TEAM