Terms of Use

These terms of service ("TOS") and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access (the "Services") offered by StereoFame, Inc. or any of its subsidiaries and affiliates (collectively, "StereoFame") for PC or mobile device.

These TOS form a legally binding contract between you and StereoFame. By using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Agreement with your parent or guardian and he or she assents to these TOS on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these TOS, and to abide and comply with these TOS.

1A. Privacy Policy

Use of the Services is also governed by StereoFame's privacy policy ("Privacy Policy"), which is incorporated herein by reference. Your privacy is important to us. We designed StereoFame's Privacy Policy to make important disclosures about how StereoFame collects and uses your content and information and how you can use the Services to share such information with others. Please read the Privacy Policy, carefully, and use it to help make informed decisions.

By creating an account or accessing or using the Services you accept and agree to be bound by these TOS and consent to the collection, use and storage of your information as outlined in StereoFame's Privacy Policy.

1B. TOS and Privacy Policy Updates

StereoFame reserves the right, at our discretion, to change, modify, add or remove portions of these TOS and the Privacy Policy at any time by posting the amended Terms on the Services. You may also be given additional notice, such as an e-mail message or messaging within the Services, of any changes. You will be deemed to have accepted such changes by continuing to use the Services. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. StereoFame may also revise other policies, codes or rules at any time, and the new versions will be available on www.stereofame.com or in the Services. No amendment to the TOS or Privacy Policy shall apply to any dispute of which StereoFame had actual notice before the date of the amendment.

This agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.

If at any point you do not agree to any portion of the then-current version of our TOS, the Privacy Policy, or any other StereoFame policy, rules or codes of conduct relating to your use of the Services, your license to use the Services shall immediately terminate, and you must immediately stop using the Services.

To the extent the TOS or Privacy Policy conflict with any other StereoFame terms, policy, rules or codes of conduct, the terms contained in these TOS and in the Privacy Policy shall govern.

1C. Limited License Grant

Subject to your agreement and continuing compliance with these TOS and any other relevant StereoFame policies, StereoFame grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Sections 1E-1H to access and use the Services solely for your own non-commercial entertainment purposes. You agree not to use the Services for any other purpose.

1D. Access To Services

StereoFame grants you permission to use the Services as set forth in these TOS, provided that (i) you use the Services solely for your personal, private, noncommercial use; (ii) you do not copy, publicly display or distribute any part of the Services in any medium without StereoFame's prior written authorization; (iii) you do not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you will otherwise fully comply with these TOS. The Services are controlled and offered by StereoFame from its facilities in the United States of America. StereoFame make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own risk and are responsible for compliance with local law.

Notwithstanding the foregoing, you may also be required to register an account on the Services (an "Account"), have a valid account on the social networking service ("SNS") through which you connect to the Services, or have an account with the applications provider for your mobile device. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these TOS.

You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component.

You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the Services.

1E. Your Use of the Services

The following restrictions apply to the use of the Services:

• You shall not create an Account or access the Services if you are under the age of 13;
• You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Services by minors. Your are responsible for any use of your credit card or other payment instrument (e.g. Paypal) by minors;
• You shall not have more than one Account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
• You shall not create an Account or use the Services if you are a convicted sex offender;
• You shall not have an Account or use the Services if you have previously been removed by StereoFame, or previously been banned from playing any StereoFame game;
• You shall use your Account only for non-commercial purposes;
• You shall not use your Account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to anyone;
• You shall not use your Account to engage in any illegal conduct;
• You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any virtual items or virtual currency associated with your Account to anyone without StereoFame's written permission; and
• You shall not access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without StereoFame's permission.
• If you access the Services from an SNS you shall comply with its terms of service/use as well as these TOS.

1F. Your Account Information

When creating or updating an Account on the Services, you are required to provide StereoFame with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with the Privacy Policy. You agree that you will supply accurate and complete information to StereoFame, and that you will update that information promptly after it changes.

You understand that on certain StereoFame websites your user ID, name and profile picture may be publicly available and that search engines may index your name and profile photo.

1G. License Limitations

Any use of the Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1D, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY STEREOFAME GAME IS A VIOLATION OF STEREOFAME POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

You may violate the TOS if, as determined by StereoFame in its sole discretion, you:

• Post, transmit, promote, or distribute content that is illegal.
• Harass, threaten, embarrass, or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
• Transmit or facilitate distribution of content that is harmful, abusive, hateful, racially, religiously or ethnically offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate. Hate speech is not tolerated.
• Use abusive, offensive, or defamatory screen names and/or personas.
• Disrupt the flow of chat in chat rooms or in person-to-person messaging with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, "spamming" or flooding [posting repetitive text].
• Impersonate another person (including celebrities), indicate falsely that you are an StereoFame employee or a representative of StereoFame, or attempt to mislead users by indicating that you represent StereoFame or any of StereoFame's partners or affiliates.
• Attempt to get a password, account information, or other private information from anyone else on the Services.
• Upload any software or Content that you do not own or have permission to freely distribute.
• Promote, encourage or take part in any illegal activity including hacking, cracking, taking advantage of exploits or cheats and/or distribution of counterfeit software.
• Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Services.
• Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
• Improperly use in-game support or complaint buttons or make false reports to StereoFame staff.
• Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
• Modify or attempt to modify any part of the Services that StereoFame does not specifically authorize you to modify.
• Post or communicate any person's real-world personal information using the Services.
• Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services.
• Use and communicate exploits to gain unfair advantage in a game.
• Interfere with the ability of others to enjoy playing the Services or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users.
• Unless expressly authorized by StereoFame, you may not sell, buy, trade or otherwise transfer your StereoFame account or any personal access to Services including by use of auction websites.
• You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.

You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Services. StereoFame reserves the right to terminate your Account and to prevent your use of the Services if your Account is used to engage in illegal activity or to violate this TOS.

Unless otherwise specified, there is no requirement or expectation that StereoFame will monitor or record any online activity on the Services, including communications. However, StereoFame reserves the right to monitor and/or record any online activity on the Services and you give StereoFame your express consent to monitor and record your activities. StereoFame reserves the right to remove any content from any Services at StereoFame's sole discretion. StereoFame has no liability for your or any third party's violation of this Agreement.

1H. Username and Password

During the Account creation process, you will be required to select a password ("Login Information"). The following rules govern the security of your Login Information:

• You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account;
• In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify StereoFame and modify your Login Information;
• You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
• You are responsible for anything that happens through your Account.

StereoFame reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.

1I. Suspension and Termination of Account

WITHOUT LIMITING ANY OTHER REMEDIES, STEREOFAME MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF IF YOU ARE, OR STEREOFAME SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TOS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND STEREOFAME IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICES AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO THE SERVICES, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

StereoFame reserves the right to stop offering and/or supporting the Services or a particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, StereoFame shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.

Termination of your Account can include disabling your access to the Services or any part thereof including any content you submitted or others submitted.

You may cancel any Account registered to you at any time by following the instructions on StereoFame.com.

2A. Games and Services

The Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a StereoFame game client, and the StereoFame game clients and server software) are copyrighted works owned by StereoFame. StereoFame reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Services.

2B. Virtual Items

StereoFame prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Services, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Services, unless otherwise expressly authorized by StereoFame in writing. Accordingly, you may not trade, sell or attempt to sell in-game items or currency for "real" money, or exchange those items or currency for value of any kind outside of a game, without StereoFame's written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination.

StereoFame owns, has licensed, or otherwise has rights to use all of the content that appears in the Services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual goods or currency appearing or originating in any StereoFame game, whether earned in a game or purchased from StereoFame, or any other attributes associated with an Account or stored on the Services.

2C. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF STEREOFAME. STEREOFAME RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

2D. User Content

1. "User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a StereoFame game client or the Services, or that other users upload or transmit, including without limitation any chat text.

By transmitting or submitting any User Content while using the Services, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by StereoFame in accordance with its Privacy Policy.

You hereby grant StereoFame a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content (except any content you submit in response to StereoFame promotions and competition or any other content specifically solicited by StereoFame) ends when you delete your User Content or you close your Account unless your User content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.

2. StereoFame assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Services for inappropriate content or conduct.

We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Services.

By entering into these TOS, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

If at any time StereoFame chooses, in its sole discretion, to monitor the Services, StereoFame nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

3. The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. StereoFame cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Services. StereoFame shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.

STEREOFAME IS NOT RESPONSIBLE FOR A MEMBER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

4. You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others.

Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these TOS, and StereoFame assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please use any "Report Abuse" link provided or contact us at Customer Support.

StereoFame may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of StereoFame violates these TOS.

StereoFame reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Services.

2E. Disclosure of User Content

You expressly agree that We have the right, at all times, and at our sole discretion, to disclose any User Content and other information (including without limitation chat text, voice communications, IP addresses and your personal information): (a) in response to legal process (for example, a court order, search warrant or subpoena) when We have a good faith belief that the information is required to be disclosed in response to legal process; (b) to allow Us to satisfy any applicable law, regulation or governmental request; (c) to allow Us to enforce these TOS, the Privacy Policy or any other agreement, terms or policy relating to the Services, (d) to protect our legal rights and remedies; (e) in other circumstances in which StereoFame believes the StereoFame games or web sites are being used in the commission of a crime (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction) and for the purpose of reporting the same to the appropriate authorities; (f) to report any other suspected crime or other offensive behavior to the appropriate authorities; (g) when We have a good faith belief that there is a threat to the health and/or safety of you or another person; or (h) when necessary either to protect the rights or property of StereoFame, or for Us to render the Services you have requested.

2F. Disputes Between Members

You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or StereoFame games. StereoFame reserves the right, but has no obligation, to become involved in any way with these disputes.

3. Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

4A. Purchases

In the Services you may purchase, with "real world" money, a license to use (a) "virtual currency", including but not limited to virtual coins, cash, tokens, or points, all for use in StereoFame games; (b) "virtual in-game items" (together with "virtual currency", "Virtual Items"); and (c) other goods or services ("Merchandise"). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits. The purchase of Virtual Items is governed by StereoFame's Virtual Currency Purchasing Agreement ("VCPA").

ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE NON-REFUNDABLE.

You can order Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When you place an order to purchase Virtual Items from our Services you will be asked to consent to the VCPA. The purchase will not be finalized without such consent. In addition, StereoFame may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. StereoFame keeps records of transactions in order to deal with any subsequent queries. If you purchase Facebook Credits from Facebook, you are agreeing to Facebook's Payment Terms and StereoFame is not a party to the transaction.

For Virtual Items, your order will represent an offer to us to purchase the relevant product(s) which will be accepted by us when StereoFame makes the Virtual Items available in your account for you to use in our games or debit your credit card, whichever comes first.

The provision of Virtual Items for use in StereoFame games is a service provided by StereoFame that commences immediately upon acceptance by StereoFame of your purchase. By ordering Virtual Items you agree and accept that StereoFame will provide them to you immediately following completion of your purchase. If you reside in the European Union and you purchase a product or service from StereoFame, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the "Cooling Off Period"). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed.

4B. Fee Payment

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. StereoFame retains the right to revise the pricing for the goods and services offered through the Services at any time. YOU ACKNOWLEDGE THAT STEREOFAME IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5A. Third Party Advertising

You understand that the Services may feature advertisements from StereoFame or third parties. StereoFame's disclosure of information for third party advertising is addressed in the Privacy Policy.

5B. Third Party Links

StereoFame may provide links on the Services to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional Services and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. StereoFame makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Services, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of StereoFame and may collect data or solicit personal information from you. StereoFame is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect.

6. Updates To The Service

As the Services grow and evolve, StereoFame may require that you accept updates to the Services. You acknowledge and agree that StereoFame may update the Services, with or without notifying you. You may need to update third party software from time to time in order to receive the Services.

7A. Disclaimer of Warranties

You expressly agree that use of the Services is at your sole risk and is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period the shorter of thirty days from first use or the minimum period required).

Without limiting the foregoing, neither StereoFame nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, "StereoFame Parties") warrant that the service will be uninterrupted or error-free.

7B. Limitations; Waivers of Liability

You acknowledge and agree that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that the StereoFame Parties shall not be liable for any indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the service.

You further specifically acknowledge that the StereoFame Parties are not liable, and you agree not to seek to hold the StereoFame Parties liable, for the conduct of third parties, including other users of the service and operators of external sites, and that the risk of the service and external sites and of injury from the foregoing rests entirely with you. In connection therewith, you acknowledge that StereoFame is not responsible and has no liability to you in the event that the iTunes obscenity filter does not function properly and songs with obscenities are streamed during gameplay; the malfunctioning of such filter is a risk assumed solely by you in connection with your use of the Services.

Under no circumstances will the StereoFame Parties be liable to you for more than the amount you have paid StereoFame in the one hundred and eighty days (180) days immediately preceding the date on which you first assert any such claim.

You acknowledge and agree that if you have not paid StereoFame any amounts in the one hundred and eighty days (180) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with StereoFame is to stop using the service and to cancel your account.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in the section may not apply to you.

7C. Indemnification

You agree to indemnify, save, and hold StereoFame, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these TOS, or any breach of the representations, warranties, and covenants made by you herein. StereoFame reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify StereoFame, and you agree to cooperate with StereoFame's defense of these claims. StereoFame will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.

8A. Dispute Resolution - General

If a dispute arises between you and StereoFame, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and StereoFame agree that StereoFame will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as StereoFame and you otherwise agree in writing. Before resorting to these alternatives, StereoFame strongly encourages you to first contact us directly to seek a resolution by going to StereoFame's customer support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

8B. Law and Forum for Legal Disputes

This Agreement and any dispute arising out of or related to it or the Services shall be governed in all respects by the laws of the State of Florida as they apply to agreements entered into and to be performed entirely within Florida between Florida residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against StereoFame Inc. must be resolved exclusively by a state or federal court located in Duval County, Florida, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Duval County, Florida for the purpose of litigating all such claims or disputes.

8C. Improperly Filed Claims

All claims you bring against StereoFame must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8B shall be considered improperly filed. Should you file a claim contrary to Section 8B, StereoFame shall be entitled to recover attorneys' fees and costs up to $1000, provided that StereoFame has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

8D. Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

9. Severability

If any part of this TOS is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of StereoFame, and the remaining portions shall remain in full force and effect.

10. Assignment

StereoFame may assign or delegate these TOS and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the TOS or Privacy Policy without StereoFame's prior written consent, and any unauthorized assignment and delegation by you is ineffective.

11. Force Majeure

StereoFame shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of StereoFame, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond StereoFame's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

12. Supplemental Policies

StereoFame may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these TOS.

13. Entire Agreement

The TOS (including the Privacy Policy and other supplemental terms incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and StereoFame relating to your rights and obligations in the use of the Services. If there is any conflict between the TOS and any other rules or instructions posted on the Services, StereoFame shall resolve the conflict in its sole discretion.

14. Notices

We may notify you via postings on www.StereoFame.com, and via e-mail or any other communications means to contact information you provide to us. All notices given by you or required from you under these TOS or the Privacy Policy shall be in writing and addressed to: StereoFame Inc., 814 Highway AIA, Suite 300, Ponte Vedra Beach, Florida 32082, Attention: Business Affairs.

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

15. No Waiver

The failure of StereoFame to exercise or enforce any right or provision of this TOS will not constitute waiver of such right or provision. Any waiver of any provision of this TOS will be effective only if in a writing signed by StereoFame.

16. Equitable Remedies

You agree that this TOS is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this TOS. You also understand and agree that this TOS, the Privacy Policy incorporated into this TOS, including StereoFame's enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any StereoFame game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Section 7B (if any).

Last updated June 24, 2011
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