EARBUDS PRIVACY POLICY

Last modified: June 26, 2018

At Earbuds Inc. (“Earbuds,” “Company,” “we,” or “our”), we respect and protect the privacy of visitors to Earbuds.com (“Site”), and the users that use our software, tools, and services offered through the Site or on our Earbuds mobile application available on iOS and Android (“App,” together with the Site, the “Services”). Earbuds maintains a strict policy to ensure the privacy of our Visitors and End Users (as further defined below). This policy (“Privacy Policy”) describes the types of information we may collect from you and our practices for how we collect, use, maintain, protect, and disclose such information. This Privacy Policy also includes a description of certain rights that you may have over information that we may collect from you. Capitalized terms used in this Privacy Policy that are not defined have the same meaning as defined in the Earbuds Terms of Service (“Terms”).

If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using the Services, you agree to this Privacy Policy. This policy may change from time to time as stated below. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

  1. Scope of Privacy Policy
  2. Information We Collect About You and How We Collect It
  3. Authenticating with Third Party Services
  4. How We Use Your Information
  5. How we Disclose or Share Your Information
  6. Behavioral Advertising
  7. Data Security: How We Protect Data We Hold
  8. International Transfer of Personal Data
  9. Legal Basis for Processing Personal Data (EEA Only)
  10. Choices for Your Personal Data
  11. EEA Specific Rights for Personal Data
  12. Changes to the Privacy Policy
  13. Children Under the Age of 16
  14. California Privacy Rights
  15. Questions & Right to Access

This Policy details our commitment to protecting the privacy of individuals who visit our Site (“Visitors”) and users who have downloaded the App (“End Users”). This policy applies to information that is automatically collected via the Services or that is affirmatively provided to us by Visitors or End Users.

This Privacy Policy does not apply to:

  • Offline Information. Information collected by us offline or through any other means, including on any other website operated by Earbuds or any third party (including our affiliates and subsidiaries) is not subject to this Privacy Policy.
  • Third Parties. Earbuds is not responsible for the privacy policies or other practices employed by websites linked to, or from, our Site or App nor the information or content contained therein, and we encourage you to read the privacy statements of any linked third party.

Earbuds gathers a variety of information about our Visitors and End Users, including information:

  • by which you may be personally identified, such as name, e-mail address, or any other identifier by which you may be contacted online or offline (“Personal Data”);
  • that is about you but individually does not identify you; and
  • about your internet connection, the equipment you use to access our Services and usage details.

We collect this information directly from you when you provide it to us, automatically as you navigate through the Services, or from third parties, for example, our business partners.

Information That You Provide to Us

When you sign up to use the Services or when you request certain materials, you may be required to provide Personal Data. During these processes we may ask you to provide your name, e-mail address, birth date, and unique identifiers, such as a username, account number, or password.

Through your use of the Services, we may also obtain Personal Data from records and copies of your correspondence (including email addresses), if you contact us; your responses to surveys that we might ask you to complete for research purposes; or details of transactions you carry out through our Services.

Finally, we may obtain information if you provide information to be published or displayed (hereinafter, “posted”) on public areas of the Services or transmitted to other users of the Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information Automatically Collected Through Your Use of the Services

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your devices, internet protocol (“IP”) address, operating system, browser type, browsing actions, and pattern. The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways. It helps us to improve our Services and allows us to deliver a better and more personalized service, including enabling us to estimate our audience size and usage patterns, to store information about your preferences, and to recognize you when you return to our Services.

The technologies we use for this automatic data collection may include:

  • Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google“). The information generated by the cookie about your use of our website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information on our behalf to evaluate the use of our online products and services by users, to compile reports on the activities within these online products and services and to provide us with further services associated with the use of these online products and services and the use of the internet. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. Further information about how Google uses data when you use our Site or Apps may be obtained from http://www.google.com/privacy.html. We use Google Analytics only with IP anonymization enabled. This means that Google will truncate the IP address of users within Member States of the European Union or in other states that are party to the Agreement on the European Economic Area (“EEA”). Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. The legal basis for the use of this service is Art. 6 paragraph 1 sentence 1 letter f GDPR. Users can prevent the collection of data generated by cookies by downloading and installing the browser plug-in that is available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
  • Facebook Pixel. Earbuds uses the “visitor action pixels” from Facebook Inc. (“Facebook”) on our website. This allows Visitor and End User behavior to be tracked after they have been redirected to the provider’s website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, i.e. we do not see the Personal Data of individual users. However, this data is stored and processed by Facebook, which is why we are informing you. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy which is available at https://www.facebook.com/about/privacy/. You can allow Facebook and its partners to place ads on and off Facebook. A cookie may also be stored on your computer for these purposes. The legal basis for the use of this service is Art. 6 paragraph 1 sentence 1 letter f GDPR. You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address: https://www.facebook.com/settings?tab=ads. Facebook is certified under the Privacy Shield Agreement and thus guarantees compliance with European data protection legislation (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
  • Cookies (or browser cookies). Earbuds uses a technology that is commonly known as “cookies.” A cookie is a small file placed on the hard drive of your computer. We use cookies to help us manage and report on your interaction with the Service. Through cookies, we are able to collect information that we use to improve the Services, keep count of return visits to our website or our advertisers’ or partners’ websites, collect and report on aggregate statistical information, authenticate your login credentials, or manage multiple instances of the Services in a single browser. We may also collect other data such as the page or site that referred you to the Services, the date and time you visited the Services, and your current IP address. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Services or the functions of the Services may be impaired. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services.
  • Advertisers’ and other third parties’ use of cookies. Advertisers and third-party advertising partners that deliver ads to you on the Services may place or recognize a unique cookie on your hard drive. These types of non-Earbuds cookies are known as “third-party cookies.” Advertisers and third-party advertising partners may use third-party cookies in order to collect information about you, which may include how many times you have seen their ads or whether you have interacted with an ad. They may also use third-party cookies to provide you with interest-based advertising. Most major web browsers provide users with the option to accept or reject third-party cookies. The use of third-party cookies is not covered by this privacy policy. We do not have access to or control over cookies placed by advertisers and other third parties. If you would like to review and modify your interest-based advertising settings, please review the section on Behavioral Advertising below.
  • Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies.
  • Log Files and Web Beacons. Pages of the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity). Occasionally, we connect personal information to information gathered in our log files as necessary to improve our Site and Services. In such a case, we would treat the combined information in accordance with this Privacy Policy.

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

When you create your Earbuds account and authenticate with a third-party service (like Twitter, Facebook, or Google) we may collect and store information associated with that third-party account, such as your name, email, gender, profile photo, lists of friends or followers, “likes,” and check-ins depending on your settings on such services. If you do not wish to have this information shared, do not use a third-party service to access the Services. When you login through a third party service, we do not receive your personal access data (user name and password). We will also use the email address you have saved for your third party account to contact you in connection with Earbuds.

Similarly, if you connect your Earbuds account to other platforms or content providers (like Spotify or Apple Music), such providers allow us and our service providers to have access to and store additional information about your interaction with those providers as it relates to use of the Services. If you do not wish to have this information shared, do not initiate these connections.

These service partners may have their own data collection, use, and sharing practices that may also be applicable to your personal information, and that are not covered by this Privacy Policy. You acknowledge and agree that you are solely responsible for your use of those third-party service providers and that it is your responsibility to review the terms of use and privacy policies of the third-party service providers and the methods they use for changing the privacy or sharing settings on such services. For a description of how each third-party service handles your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.

If you would like to remove the connection between Earbuds and your third-party service account, please log in to such account and make the required changes to your account. We will then no longer have the right to use information from your third-party service account.

We may use aggregated (anonymized) information about our users, and information that does not identify any individual, without restriction.

Earbuds identifies the purposes for which the information is being collected before or at the time of collection. The collection of your Personal Data will be limited to that which is needed for the purposes identified by Earbuds. Unless you consent or we are required by law, we will only use the Personal Data for the purposes for which it was collected. If Earbuds will be processing your Personal Data for another purpose later on, Earbuds will seek your further legal permission or consent; except where the other purpose is compatible with the original purpose. We will keep your Personal Data only as long as required to serve those purposes. We will also retain and use your Personal Data for as long as necessary to comply with our legal obligations, resolve disputes.

We use information about you, including Personal Data, for a variety of purposes, including:

  • To display your profile information to other users;
  • To generally enable you to use our Services;
  • To provide you with information, products, or services that you request from us;
  • To customize and personalize the advertising and other content we deliver to you both on the Services;
  • To respond to your comments, questions, and requests;
  • To provide customer service and support;
  • To send you administrative messages about the Services;
  • To provide you with notices about your account, including expiration and renewal notices;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • To notify you about changes to our Services or any products or services we offer or provide through it.
  • To allow you to participate in interactive features on the Services;
  • To monitor and analyze trends, usage, and activities in connection with the Services;
  • To investigate and prevent fraudulent transactions, unauthorized access to the Services, violations of the Terms, and other illegal activities;
  • To share testimonials or reviews that you may have posted to the Services or other Earbuds owned social media pages;
  • In any other way we may describe when you provide the information; or
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile or by following the unsubscribe instructions included in our marketing communications. For more information, see Choices for Your Personal Data.

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Data that we collect or you provide:

  • To other Earbuds users to share your profile and listening activity;
  • To our subsidiaries and affiliates;
  • To third party services providers for account authentication, management, or linking (like Twitter, Facebook, Google, Spotify, and Apple Music;
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them, including payment processors, storage contractors, and analytics contractors;
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Earbuds’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Earbuds about our Services users is among the assets transferred. You will be notified of any such change by a prominent notice displayed on our Services or by e-mail to the primary address affiliated with your account. Any successor in interest to this Privacy Policy will be bound to the Privacy Policy at the time of transfer; or
  • To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Earbuds, our End Users, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Web-Based Behavioral Advertising:

To learn about how the online advertising industry uses information it collects to provide you with relevant ads, and to control whether you want to receive those relevant ads from third-party advertisers, please review the information at the following links:

Mobile and Tablet Based Behavioral Advertising:

If you are using an iOS-based device and do not want to receive tailored in-application advertisements that relate to your interests, you may be able to limit these advertisements by enabling “Limit Ad Tracking” on your iOS Device following these instructions from Apple.

If you are using an Android-based device and do not want to receive tailored in-application advertisements that relate to your interests, you can visit Google’s Ads Settings page from a browser on your Android-based device and make your choices there.

Earbuds does not control the applicable platform operator-supplied ad settings, which may be updated or removed in accordance with each platform operator’s respective policies. You should contact the platform operator if these options are no longer available.

We have implemented industry standard technical and organizational measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Data. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services like company profile pages or message boards. The information you share in public areas may be viewed by any user of the Services.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your Personal Data transmitted to the Services. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Earbuds stores personal information about Visitors and End Users within the United States. If you are using the Services from the EEA or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your Personal Data to the United States. The United States may have laws which are different, and potentially not as protective, as the laws of your own country. By providing your Personal Data, you consent to any transfer and processing in accordance with this Privacy Policy.

With respect to Personal Data collected from individuals from the EEA, our legal basis for data collection and storage is your consent, within the meaning of Art. 6 paragraph 1 sentence 1 letter a GDPR. For any additional data collection beyond what is disclosed in this Privacy Policy our legal basis will depend on the Personal Data concerned and the specific context in which we collect it. Our Company will normally collect Personal Data only where: (a) we have specific consent to do so, (b) where we need the Personal Data to fulfil a contract with a Visitor or End User, or (c) where the processing is in our or a third party’s legitimate interests (and not overridden by your data protection interests or fundamental rights and freedoms).

If we ask you to provide Personal Data to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data). Similarly, if we collect and use your Personal Data in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time why we need to use your Personal Data. If we process Personal Data in reliance on your consent, you may withdraw your consent at any time.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us using the contact details provided below.

You can review and change your personal information by visiting your account profile page.

You may also send us an email to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users.

Earbuds tolerates only permission-based email. In addition, users always have the opportunity to opt– out or change preferences via a link in the footer of all non–transactional email messages. These options are made available in email messages delivered from our company. Some communications, however, are considered transactional and are necessary for all Earbuds End Users (e.g. important account notifications and billing information). You must cancel your Earbuds account to unsubscribe from transactional communications. 

Earbuds does not currently respond to browser “Do Not Track” signals or other mechanisms. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com/.

For the purposes of data collection under the GDPR, Earbuds shall be the data controller. If you are an individual resident in EEA, you have the following data protection rights regarding Personal Data:

  • You have the right to access, correct, update or request deletion of your Personal Data. You can do so at any time by contacting us.
  • You have the right to object to processing of your Personal Data, to ask us to restrict processing of your Personal Data, or to request portability of your Personal Data. Again, you can exercise these rights by contacting us.
  • You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us.
  • You have that right to revoke consent that was previously given. If we have collected and process your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.
  • You have the right to complain to a data protection authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority.

If you would like to exercise any of the above rights, please contact our support team or contact us at support@EarbudsMusic.com [or through our Data Protection Officer at [CONTACT INFO]].

It is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on the Site home page or on the App. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account, through a prominent notice on the Site home page, or on the App. Such changes will be effective when posted. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Privacy Policy to check for any changes. Your continued use of our Services following the posting of any amendment, modification, or change to this Privacy Policy shall constitute your acceptance of the amendments to this Privacy Policy. You can choose to discontinue use of the Service if you do not accept the terms of this Privacy Policy, or any modified version of this Privacy Policy.

Our Services are not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Services. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or register on the Services, make any purchases, use any of the interactive or public comment features, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at the email address listed below.

California Civil Code Section § 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to the email address listed below.

If you are a California resident under the age of 18, and a registered user of our Services, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to the email address listed below.

Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

Under California law, California residents who have an established business relationship with us may opt-out of our disclosing Personal Data about them to third parties for their marketing purposes.

Earbuds acknowledges the individual’s right to access their personal information. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to the address below. If requested to remove data, we will respond within a reasonable timeframe.

If you have any questions about this Privacy Policy, please contact: support@EarbudsMusic.com.

EarbudsMusic.com Terms of Use

Last Modified: June 26, 2018

  1. These terms of use are entered into by and between you (“you”) and Earbuds Inc. (“Earbuds”, “we”, or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of EarbudsMusic.com, including any content, functionality, and services offered on or through EarbudsMusic.com (the “Site”). These Terms of Use do not govern your use of the Earbuds mobile application (“Application”). The Application is governed by the Earbuds Mobile Application Terms of Service.

    Please read the Terms of Use carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the Earbuds Privacy Policy (Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

    This Site is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Earbuds and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

  2. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site.

    Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

  3. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.

    You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

  4. The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Earbuds, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not use Earbuds intellectual property without the prior written permission of Earbuds.

    These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site. You must not:

    1. Modify copies of any materials from this site.
    2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
    3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

    If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Earbuds. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

  5. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

    1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
    3. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
    4. To impersonate or attempt to impersonate Earbuds, a Earbuds employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
    5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Earbuds or users of the Site or expose them to liability.
    6. For any commercial purposes.

    Additionally, you agree not to:

    1. Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
    2. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
    3. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
    4. Use any device, software, or routine that interferes with the proper working of the Site.
    5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
    7. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
    8. Otherwise attempt to interfere with the proper working of the Site.
  6. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

  7. All information we collect on this Site is subject to the Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  8. If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  9. The owner of the Site is based in the state of Texas in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Site outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you are responsible for compliance with local laws.

  10. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

    YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EARBUDS NOR ANY PERSON ASSOCIATED WITH EARBUDS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER EARBUDS NOR ANYONE ASSOCIATED WITH EARBUDS REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    TO THE FULLEST EXTENT PROVIDED BY LAW, EARBUDS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  11. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EARBUDS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  12. You agree to indemnify, defend, and hold harmless Earbuds and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Site or your breach of these Terms of Use, including but not limited to the content you submit or make available through the Site.

    Earbuds shall indemnify and hold you harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Site directly infringes a copyright, a U.S. patent issued as of the date that you acknowledge your acceptance of these terms, or a trademark of a third party; or (ii) a claim, which if true, would constitute a violation by Earbuds of its representations or warranties.

  13. These Terms of Use are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Unless provided otherwise in connection with the Arbitration provisions of these Terms of Use agreement, any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Dallas County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  14. Informal Resolution

    It is Earbuds’ goal that the Site meet your expectations and live up to our promises to you.

    However, there may be instances when you feel that Earbuds has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Earbuds is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Earbuds, you acknowledge and agree that you will first give Earbuds an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Site being performed by sending an email to support@EarbudsMusic.com.

    You then agree to negotiate with Earbuds in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Earbuds’ receipt of your written description of it, you agree to the further arbitration provisions below.

    BINDING ARBITRATION

    Arbitration Proceeding. Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, shall be determined by arbitration in Dallas, Texas before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. ANY ARBITRATION UNDER THESE TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTION AND CLASS ARBITRATIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

    Exceptions to Arbitration. You and Earbuds agree that the following claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any claim seeking to enforce or protect, or concerning the validity of, any of Earbuds’ intellectual property rights; (b) any claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for

    claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

  15. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  16. Earbuds may give notice by means of a general notice on the Site or to any e-mail address of yours on record with Earbuds. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). Except as otherwise provided in these Terms of Use, you may give notice to Earbuds (such notice shall be deemed given when received by Earbuds) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail to Earbuds at the following address: Earbuds Inc. 401 Congress Ave. Suite 1170 Austin, Texas 78701 or by email to support@EarbudsMusic.com.

  17. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

  18. If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.

  19. These Terms of use and our Privacy Policy constitute the entire agreement between you and Earbuds with respect to the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Site.

This Site is operated by Earbuds Inc., 401 Congress Ave. Suite 1170 Austin, Texas 78701.

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to support@EarbudsMusic.com.

Earbuds Mobile Application Terms of Service

This Mobile Application Terms of Service (“Agreement”) is a binding agreement between you (“End User” or “you”) and Earbuds, Inc. (“Earbuds”, “we”, “us”, and “our”). This Agreement governs your use of the Earbuds mobile application on Android and iOS., (including all related documentation, the “Application”). The Application is licensed, not sold, to you. These Terms of Use do not govern your use of the Earbuds website located at EarbudsMusic.com (“Site”). The Site is governed by the EarbudsMusic.com Terms of Use.

BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

We may revise and update this Agreement from time to time in our sole discretion. Changes are effective immediately when we notify you by sending an email or posting them to the Application and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Application.

Your continued use of the Application following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this Agreement from time to time so you are aware of any changes, as they are binding on you.

  1. download, install, and use the Application for your personal, non-commercial use on a single mobile device] owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and
  2. access, stream, download, and use on such Mobile Device the Content and Services (as defined in Section 7) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.
  1. copy the Application, except as expressly permitted by this license;
  2. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
  3. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
  4. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
  5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason;
  6. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
  7. use their account to impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  8. use the Application in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  9. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by Fan Guru, may harm Fan Guru or users of the Application or expose them to liability;
  10. use the Application in any manner that could disable, overburden, damage, or impair the Application, or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application;
  11. use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including monitoring or copying any of the material on the Application;
  12. use any device, software, or routine that interferes with the proper working of the Application;
  13. introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  14. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which any portion of the Application is stored, or any server, computer, or database connected to the Application;
  15. attack the Application via a denial-of- service attack or a distributed denial-of- service attack; or
  16. otherwise attempt to interfere with the proper working of the Application.
  1. the Application will automatically download and install all available Updates; or
  2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

By submitting any User Content, you agree that you will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right; (j) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or (l) uses the name or likeness of an identifiable natural person without such person’s consent.

Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Our designated copyright agent to receive DMCA Notices and Counter-Notices (as further defined below) may be contacted at support@EarbudsMusic.com.

Counter-Notification Procedures. If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice“) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

  1. The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Earbuds as set forth in this section.
  2. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
  3. Earbuds may terminate this Agreement at any time without notice if it ceases to support the Application, which Earbuds may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
  4. Upon termination, all rights granted to you under this Agreement will also terminate; and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
  5. Termination will not limit any of Earbuds’ rights or remedies at law or in equity.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

  1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
  2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
  3. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR EARBUDS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Earbuds and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

Earbuds shall indemnify and hold you harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Services directly infringes a copyright, a U.S. patent issued as of the date that you acknowledge your acceptance of these terms, or a trademark of a third party; or (ii) a claim, which if true, would constitute a violation by Earbuds of its representations or warranties.

Informal Resolution

It is Earbuds’ goal that the Services meet your expectations and live up to our promises to you.

However, there may be instances when you feel that Earbuds has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Earbuds is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Earbuds, you acknowledge and agree that you will first give Earbuds an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to support@EarbudsMusic.com.

You then agree to negotiate with Earbuds in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Earbuds’ receipt of your written description of it, you agree to the further arbitration provisions below.

BINDING ARBITRATION

Arbitration Proceeding. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Agreement to arbitrate, shall be determined by arbitration in Dallas, Texas before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. ANY ARBITRATION UNDER THESE TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTION AND CLASS ARBITRATIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Exceptions to Arbitration. You and Earbuds agree that the following claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any claim seeking to enforce or protect, or concerning the validity of, any of Earbuds’ intellectual property rights; (b) any claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for

claims that are within the scope of such court’s jurisdiction in lieu of arbitration.