These Terms of Use (these “Terms” or “Terms of Use”) apply to our U.S.-based websites, microsites, and mobile versions of these websites (collectively, the “Website”) that expressly adopt and display or link to these Terms, as may be revised from time to time, and that are owned, operated, or controlled by Space Gravity LLC (“Space Gravity,” “we,” “us,” or “our”).

Use of Website

By accessing, browsing, and/or using the pages or services posted on the Website, you (the “User” or “you”) agree to these Terms. If you do not accept these Terms, do not use this Website. Your permitted use of the Website is limited to the standard features and functionalities of the Website. The Website, including all features, functionalities, and Website Content (as defined below), is provided solely for personal, non-commercial use. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity. We may terminate your access or use of this Website at any time, for any reason, and without prior notice to you. We may at any time and from time to time revise these Terms by updating this posting. You should visit this page from time to time to review these Terms to learn of and understand any changes, because they are binding on you. Your use of this Website following any such revisions constitutes your agreement to follow and be bound by the terms as revised. All rights not expressly granted are reserved by us and our licensors.

Certain Features and Functionalities

As further described on certain pages within the Website and/or in other terms and conditions applicable to such Website, including the Terms of Service and Participation for Glydsphere Additional Offerings , features and functionalities available through the Website may facilitate uploading and/or downloading certain sound-related files that may be used on certain Glydsphere mobile application(s) that we make available for download on your personal device and that may interoperate with certain audio speakers and related components that are obtainable from or through us. Through the Website, we may also provide certain toolkits or the like for the creation of certain of such sound-related files

Website Content

All website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code, and scripts (collectively, the “Website Content”), and the collection, arrangement, and assembly of the Website Content, is our property and/or is the property of our sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title, or interest in or to the Website Content other than a limited license to access and use as expressly set forth in these Terms and in other applicable terms and conditions. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website, or in any way exploit the Website Content, or any portion thereof, without our express written permission. You further agree not to (i) use any data mining, robots, or similar data gathering or extraction methods in connection with this Website or the Website Content; or (ii) attempt to gain unauthorized access to any portion of this Website or the Website Content or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.

Trademarks

All rights regarding any trademarks, trade names, service marks, logos, and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by us and our licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms or by virtue of User’s use of the Website. The Marks may not be copied, imitated, or used, in whole or in part, without the prior written consent of us or the applicable rights holder. The misuse of the trademarks, trade names, brand names, logos, and trade dress displayed on this Website is strictly prohibited.

Links

Links on Website: The Website may include links to third-party websites not operated by us. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. Access to any such linked site is at the User’s own risk, and we will not have any liability arising out of or related to such sites and/or their content, or for any damages or loss caused by or in connection with any use of or reliance on such content, or any goods or services, available on or through such site.

Links to Website: You may not frame or mirror any part of this Website. Any website that links to this Website shall not imply that we endorse such website or any products or services available through such website.

Other Links: This Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Website, send emails or other communications with certain content, or links to certain content, on the Website, and/or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they may be provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with, any additional terms and conditions that we provide with respect to such features. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards for content set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. 

User Information

Some functionality of the Website may require the transmission of information provided by the User (“User Information”). User Information may include, but is not limited to, a User’s name, address, email address, telephone number, method of payment, credit card number, password, and billing information. The User agrees to keep the User Information provided to the Website current at all times. By using such functionality, the User consents to the transmission of User Information to us and/or our agents and authorizes us and/or our agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy , which is incorporated herein by reference.

Online Commerce

The Website may allow the Users to make online purchases. When a User makes such a purchase via the Website, all information obtained by us from the User in the course of such purchase, including User Information, may be collected by both us and our third-party vendors, such as payment processing companies responsible for facilitating your purchase. These third-party vendors may have privacy and data collection practices that are different from those utilized by us. We have no responsibility or liability for the independent policies of these third-party vendors. In addition to being subject to these Terms of Use, certain User purchases may subject that User to additional terms and conditions of these third-party vendors.

User Content

Certain of our platforms, interfaces, or other features at the Website may allow the User to upload select User-provided content (“User Content”). The User shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and our related platforms, interfaces, and features. The User shall (as between us and User) retain ownership of all User Content and hereby grants to us a non-exclusive, royalty-free, transferable, worldwide, irrevocable, perpetual right and license to use, reproduce, edit, modify, adapt, publish, translate, transmit, distribute, and display the User Content via the Website and our related platforms, interfaces, and features and for our business purposes, including in our marketing and advertising materials. The User acknowledges that we have the right, but are not obligated, to use any such User Content and that we may cease utilizing such User Content at any time for any reason. The User further acknowledges and agrees that he or she will not be entitled to any compensation in regard to our use of User Content as authorized herein. For clarification, other more specific provisions pertaining to audio or sound files or the like that are both functionally operable and appropriate for your use with one or more Glydsphere mobile applications are in the End User License Agreement and the Terms of Service and Participation for Glydsphere Additional Offerings (and, in the event of an unavoidable conflict with the terms and conditions herein, such other more specific provisions therein shall prevail).

Prohibited Uses of Website

The User agrees not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which the User does not have the rights necessary to transmit and publish or to grant us the license to use as described herein. The User acknowledges that we have no obligation to monitor or screen User Content submitted to the Website or our related platforms, interfaces, or features, but that we shall have the right (but not the obligation) to reject, remove, or delete any User Content for any or no reason.

Acceptable Use

The User’s permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent, or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by us to access Website Content, (iv) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, (v) attempts to gain unauthorized access to our systems, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable, or overburden our servers or networks, or (viii) fails to comply with applicable third-party terms.

The User must comply with all applicable third-party terms (e.g., wireless carrier terms of service) at all times while using the Website. We reserve the right, in our sole discretion, to terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or we reasonably believe the User has engaged in or is engaging in, use that violates these Terms. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.

Information Disclaimer

We attempt to be as accurate as possible regarding product descriptions, pricing, and availability on the Website. However, we do not warrant that product descriptions or Website Content are accurate, complete, reliable, current, or error-free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, and availability. We reserve the right to revise the price, description, and/or availability of products or services without notice. In addition, we reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.

Eligibility; Jurisdiction

The User represents and warrants that (i) the User is at least 18 years of age and, moreover, is fully competent and able to enter into these Terms and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country; and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties. The Website is not intended for children under the age of 16. We provide this Website for use in the United States of America. We do not represent that the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at the User’s sole risk, and the User is responsible for complying with all applicable federal, state, and local laws and regulations.

Disclaimer

THIS WEBSITE AND ALL WEBSITE CONTENT AND PRODUCTS AND SERVICES AVAILABLE ON THIS WEBSITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS, ALL OF WHICH WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW. We do not represent or warrant that the functions contained in or on this Website will be error-free or uninterrupted, that defects will be corrected, or that the Website or the server that makes the Website will be available and free from any harmful components. We do not make any representations or warranties that all product descriptions, photographs, pricing, promotions, offers, availability, or information on this Website are accurate, complete, current, correct, adequate, useful, timely, reliable, or error-free. If any information in or on the Website is inaccurate, incomplete, or out of date, we reserve the right to correct, change, or update such information or to cancel orders related to such information without prior notice (including after you have submitted an order). You acknowledge, by your use of the Website, that you are doing so at your own risk.

Both you and we acknowledge and agree that no partnership is formed, and neither you nor we have the power or the authority to obligate or bind the other.

Limitations of Liability 

YOUR USE OF THIS WEBSITE, AND THE WEBSITE CONTENT, IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE, NOR ANY OF THE ENTITIES INVOLVED IN CREATING, PRODUCING, PROVIDING, OR DELIVERING THIS WEBSITE, ITS FEATURES, FUNCTIONALITIES, OR ITS CONTENT, ARE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND, INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS, OR LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, WORK STOPPAGE, BUSINESS INTERRUPTIONS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH (i) ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE, ITS FEATURES, OR FUNCTIONALITIES OR (ii) IMAGES, VIDEO, AUDIO, OR OTHER CONTENT, FEATURES, OR FUNCTIONALITIES OF OR FROM THIS WEBSITE (OR ANY OTHER LINKED WEBSITE), INCLUDING BUT NOT LIMITED TO ANY HARM CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION, OR ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. In no event will we be liable for any damages in excess of the greater of (a) fees paid by you for our products and our services that are the subject of a claim, or (b) $100.

Changes to Website

At any time and without notice to the User, we may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension, or discontinuance shall be without liability to the User.

Changes to Terms; Updates

We reserve the right to change these Terms at any time, and in our sole discretion, by changing these Terms within the Website. The User’s continued use of the Website after any such changes to these Terms are made available through the Website will constitute the User’s acceptance of those changes. These Terms shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements, or replacements – in which case such separate terms will apply.

Injunctive Relief

You agree that your breach or threatened breach of these Terms will cause us irreparable injury for which recovery of monetary damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect our rights under these Terms in addition to any and all other remedies available to us at law or in equity.

Governing Law; Jurisdiction

These Terms are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles.

Subject to the below Dispute Resolution provisions and for any disputes not otherwise subject to arbitration, the User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in or for Columbus, Ohio, USA, for purposes of any legal action arising out of or related to these Terms or use of the Website.

Dispute Resolution

Any civil action, claim, dispute, or proceeding arising out of or relating to these Terms or access to or use of the Website will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court (except as provided in the section “Injunctive Relief”). Except as provided in the section “Injunctive Relief,” the arbitrator – and not any federal, state, or local court or agency – will have exclusive authority to resolve any dispute arising out of these Terms or access to or use of the Website and to arbitrate any part of these Terms, including any claim that all or any part of this section or these Terms is void or voidable.

The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Columbus, Ohio, USA, under the AAA’s rules and procedures, as modified by this section and conducted in the English language. The AAA’s rules and a form for initiating arbitration proceedings are available at www.adr.org.

You and we will select the arbitrator, and, if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited such fees and costs as required by the AAA for arbitration of the type of claim brought by the person requesting arbitration. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Agreement to these Terms constitutes an agreement to pursue your claim on an individual basis and a waiver of the ability to pursue your claim in a class or representative action (or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf the general public). If a dispute is arbitrated, you give up your right to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations.

The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding, and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record in or for Columbus, Ohio, USA.

Contact

Any questions, complaints, or claims regarding the Website may be submitted to us by emailing us at support@space-gravity.com.