Terms and Conditions

Terms and Conditions

Statement of Purpose

The purpose of the Site, Stereo Alpha, is to compile new and notable audio posts from the blogosphere, social media, and the internet in general. Stereo Alpha tracks posts across a multitude of sites and adds links to those sites as well as to merchant sites so that users can discover new audio posts and purchase songs and products (the “Services”) from those posts whenever possible. The Site is accessed by you (“User” or “you”) under the terms and conditions that follow:

TERMS

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY AS WELL AS OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SITE OR SERVICES. THESE TERMS AND PRIVACY POLICY GOVERN YOUR USE OF THE WEBSITE LOCATED AT WWW.STEREOALPHA.COM, AS WELL AS OUR PRODUCTS AND SERVICES AVAILABLE AND ACCESSIBLE THROUGHT THE SITE. BY USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND STEREO ALPHA IN RELATION TO YOUR USE OF THE WEBSITE AND SERVICES. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH ON THIS SITE YOU DO NOT HAVE PERMISSION TO USE THE SITE OR SERVICES. STEREO ALPHA’S ACCEPTANCE IS SOLELY AND EXPRESSELY CONDITIONED ON YOUR TOTAL ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND NO OTHER TERMS. STEREOALPHA’S FAILURE TO ENFORCE ANY OF THESE TERMS WILL NOT BE CONSIDERED A WAIVER OF THOSE RIGHTS. THES WAIVER OF THOSE RIGHTS WILL ONLY BE EFFECTIVE IN WRITING SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF STEREO ALPHA.

YOU SHOULD PERIODICALLY REVIEW THE MOST UP-TO-DATE VERSION OF THESE TERMS. STEREO ALPHA MAY, IN ITS SOLE DISCRETION REVISE OR MODIFY THESE TERMS. WE MAY ATTEMPT TO NOTIFY YOU OF THESE CHANGES BY EMAIL OR BY POSTING THE NEW TERMS TO THIS SECTION. YOU AGREE TO BE BOUND TO ALL REVISIONS AND MODIFICATIONS. IF YOU DO NOT AGREE TO BE BOUND BY MODIFIED TERMS, THEN YOU MAY NO LONGER USE THE SITE. NOTHING IN THESE TERMS SHALL BE DEEMED TO CONFER ANY THRID-PARTY RIGHTS OR BENEFITS. THIS DOES NOT AFFECT OUR RIGHT TO TRANFER RIGHTS OR OBLIGATIONS.

Entire Agreement

These Terms along with our Privacy Policy constitute the entire agreement with respect to your use of the Site and Service.

Ability to Accept Terms

By using the site, you affirm that you are a legal adult of more than 18 years of age, are an emancipated minor, or possess the legal consent of your parent or guardian and are fully able and competent to enter into, agree to, abide by, and obey these terms, conditions, obligations, representations, affirmations and warranties set forth in these Terms and Conditions (also “Terms”) and in our Privacy Policy. You also affirm that you are above the age of 13. If you are not above the age of 13, please do not use this Site or Services. The Site and Services are operated by the company within the State of New York. Stereo Alpha makes no representation that the Content, the Site or Service is appropriate or available for use in other locations. If you are barred from using the Site and Service under applicable law, do not use the Site.

Agreement to Terms

By using the Site and Services you agree to be bound by the Terms and the Privacy Policy. IF you are using the Site and Services on behalf of a company or other legal entity, you hereby represent and warrant that you have the legal authority to bind that company or entity to these Terms. You hereby understand and agree that “you”, “your” and “user” will refer to that company as well as yourself.

Assignment to Third Parties

These Terms and any rights, duties and licenses granted hereunder may not be transferred by operation of law or otherwise, in whole or in part, to any third party without first acquiring the prior written consent of Stereo Alpha. Any attempt to transfer or assign these Terms without our prior written consent will be null and of no effect. Stereo Alpha may transfer and assign these Terms without any restriction. These Terms will bind and inure to the benefit of the parties, their successors, and any permitted assigns.

Third Party Websites, Resources or Services

The Site and Services may contain links to third party websites, resources, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services (hereinafter “External Services” or “sites”). We provide these links as a convenience. We are not and cannot be made responsible for their content, operation or use. By linking to these External Services and sites, we are not giving any representation, endorsement, or warranty, express or implied with regard to the legality, accuracy, quality, or authenticity of the content, information or services on these External Services and sites. Please review the Terms of all External Services and sites. You are taking sole responsibility for taking the precautions necessary to protect yourself from any potential harm through their use including but not limited to viruses, worms, Trojan horses, and harmful and destructive content. We advise you to exercise appropriate caution when using these sites, particularly before entering into any transaction, on or offline. You use them at your own risk.

By using the Service you relieve Stereo Alpha of all responsibility or liability for any harm resulting from your use of External Services and sites and any and all liability. You hereby irrevocably waive any claim against Stereo Alpha with respect to the content or operation of any External Services.

Privacy

Please review our Privacy Policy. This policy governs the use of personal information on the Site. By using the Site and accepting these Terms, you agree to be bound by our Privacy Policy.

Indemnity

You will indemnify and hold harmless Stereo Alpha, its parents, subsidiaries, assigns, affiliates, officers, directors, employees and agents from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses including without limitation legal and accounting fees arising out of or in any way connected with (i) your use of and access to the Site, the Service and its Content; (ii) your violation of these Terms or your infringement or the infringement by any third party using your account; (iii) your violation or the violation of any third party using your account of any third party right including but not limited to any copyright, property or privacy right; (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site and Service.

Warranty Disclaimer

THE SITE AND SERVICES AND ALL CONTENT OR SERVICES ACCESSED THROUGH OR VIA THE SITE THE SERVICE OR OTHERWISE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY. YOU AGREE YOUR USE OF THE SITE IS AT YOUR OWN RISK. STEREO ALPHA ASSUMES NO RESPONSIBILITY AND IS NOT LIABLE NOR MAKES NO WARRANTIES, PROMISES OR REPRESENTATIONS ABOUT THE SITE OR SERVICES WHATSOEVER, ANY CONTENT, ANY LINKED SERVICES OR CONTENT, OR OTHER EXTERNAL SERVICES INCLUDING BUT NOT LIMITED TO QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. TO THE FULLEST EXTENT ALLOWED BY LAW, STEREO ALPHA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICE; (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR VIA THE SITE OR SERVICE. STEREO ALPHA DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR SERVICES OR ANY HYPERLINKED SERVICES. STEREO ALPHA DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE SITE AND SERVICE WILL BE SECURE OR THAT ANY ELEMENTS OF THE SITE’S AND SERVICE’S DESIGN ARE OR WILL BE FREE OF HARMFUL COMPONENTS INCLUDING BUT NOT LIMITED TO VIRUSES. STEREO ALPHA DOES NOT WARRANT THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS TO, SHARING OF, OR DOWNLOADING OF CONTENT WILL BE EFFECTIVE. STEREO ALPHA DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY GIVEN JURISDICTION. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN AND WHERE APPROPRIATE. STEREO ALPHA AND ITS PARENTS, SUBSIDIARIES, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Access to Services

Subject to these Terms, Stereo Alpha may offer to provide you with Services selected by you, for your own use, and not for the benefit of any third party. Services include but are not limited to; (i) any services Stereo Alpha provides for you; (2) any offering of any materials displayed or performed on the Site. Stereo Alpha reserves the right to restrict, impose limits, suspend or terminate the availability or access of any feature or Content at any time and for any reason without limit. Stereo Alpha also reserves the right to modify these Terms or modify the price or charge for any service at any time by posting a notice on the Site or notifying you via email or postal mail. You are responsible for reviewing and familiarizing yourself with the modifications. Your use of the Site and Service constitutes your acceptance of these Terms and any and all modifications or revisions.

Site Content

For the purpose of these Terms, “Content” means text, graphics, music, software, images, audio, video, works of authorship of any kind and information or other details that are posted, generated or otherwise made available on or through the Site and Service. “User Content” includes anything made available by users of the Site and Service. Content includes all User Content without limitation.

General Use – Permissions and Restrictions

A user may preview audio and visual Content and other items displayed on the Site and Service only for personal use. Stereo Alpha hereby grants you permission to access and use the Site and Service provided that you adhere to the following:

  1. You agree to not download or store content from the Site. A user may purchase content by using the merchant links throughout the Site and Service. Copying, downloading distributing or storing Content without prior written consent from Stereo Alpha is strictly and expressly prohibited.
  2. You agree to not upload, publish, submit or transmit Content that: (i)infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy; (ii) violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, deceptive, defamatory, obscene, pornographic, vulgar, or offensive or promotes discrimination, racism, bigotry, harassment, hatred, violence, or harm against any individual or group or itself is violent or threatening.
  3. You acknowledge and agree that you may not reproduce, create derivative works based on, mirror, distribute, display, or exploit any of the Content or materials on the Site and Service in whole or in part.
  4. You agree not to alter or modify any part of the Service.
  5. You agree not to access Content through means, technological in nature or otherwise, other than as facilitated by the pages of the service or under explicitly authorized means that Stereo Alpha may designate.
  6. You may not run any form of auto-responder or “spam” on the Site or any automated services that run or are activated while you are not logged in.
  7. You agree not to launch any automated system that accesses the Site or Service in a manner that sends more request messages to Stereo Alpha servers at a rate faster than any human can produce in the same time using a conventional web browser. Stereo Alpha does grant exclusive permission to operators of public search engines to use spiders to copy or download Content from the Site or Service for the sole purpose of and only to the extent necessary to create publicly available searchable indices of the Content. Without limitation, Stereo Alpha reserves the right to revoke this exception.
  8. You may not transmit or post or cause to be transmitted or posted any communication intended or designed to obtain access to any private information or account from any Stereo Alpha user.
  9. You agree not to harvest or collect personal information of any sort from the Site or Service and use that information for any commercial solicitation purposes. You also agree not to solicit any users of the Site and Service with respect to their Content.
  10. You agree to not use the Site or Service for any commercial purpose or for the benefit of any third party unless explicitly authorized by Stereo Alpha or in any manner other than explicitly stated in these Terms.
  11. You agree to not circumvent, avoid, bypass, deactivate, impair, descramble, disable or otherwise interfere with the security-related features on the Site and Service which are used to prevent or restrict the use or copying of Content or serve to enforce limitations of use of the Site and Service. You agree to not probe, scan or test the vulnerability of any Stereo Alpha system or network or breach any security measures. You agree to not access, tamper with or use any nonpublic areas of the Site and Service, Stereo Alpha’s computer system or network or the technical delivery systems of Stereo Alpha’s providers.
  12. You agree to not interfere with or attempt to interfere with the access of any user, host or network including but not limited to spamming, flooding, overloading or sending a virus to the Sites, the Service or a user.
  13. You agree to not attempt to or decipher, decompile, disassemble or reverse engineer any software or other aspect of the Site and Service.
  14. You agree that in your use of the Site and Service you will comply with all applicable rules and laws.
  15. You understand that Stereo Alpha is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to the Content on the Site and Service. IN the event you are exposed to material you find to be inaccurate, offensive, indecent, or objectionable, you agree to and hereby do waive any legal or equitable rights or remedies you have or may have against Stereo Alpha to the extent permitted by applicable law. Also to the extent permitted by applicable law, you hereby agree to indemnify and hold harmless Stereo Alpha, its parents, subsidiaries, assigns, affiliates, officers, directors, employees, agents, licensors and licensees in all matters related to your use of the Site and Service.
  16. You may not use any part of the Site or Services to violate the security of any computer network, crack any passwords, security encryption codes, transfer or store material that is threatening or obscene or engage in any form of illegal activity.

The Site and Service is protected as a collective work and/or compilations pursuant to United States copyright laws, international conventions and other copyright laws. You may not download or store content from the Site unless you are explicitly authorized to do so by Stereo Alpha. A user may purchase content by using the merchant links throughout the Site and Service. Copying, reproducing, downloading, broadcasting, displaying, selling, distributing or otherwise exploiting Content without prior written consent from Stereo Alpha is strictly and expressly prohibited. Stereo Alpha and its licensors reserve all rights not expressly granted in and to the Service and the Content.

Content Use

The Content on the Site and Service including, but not limited to, trademarks and logos are owned by or licensed to Stereo Alpha. The Content is subject to copyright and intellectual property rights under law.

Establishing an Account

You may elect to establish an account and select a username and password on this Site. Such enrollment requires your agreement to the following: (1) You will provide contact information, including a valid email address, and identification details that are accurate, complete and updated regularly so that it is accurate and valid. Failure to do so will be considered to be a breach of this agreement and may result in the termination of your account. (2) You may not use a username subject to rights or another person without authorization. (3) You may not select the username of another person with the intent to impersonate that person. (4) You remain solely responsible for the privacy and confidentiality of your password and account. (5) You will notify us immediately in the event any unauthorized user accesses your account. (6) You are responsible for all of the activities that take place under your account regardless of whether or not you know about them. Stereo Alpha reserves the right to refuse registration of, terminate or suspend the account of, or cancel a username or account at our discretion. You may terminate your account at any time. You hereby irrevocably authorize Stereo Alpha to disclose personally identifiable information in response to any judicial process at the request of any state or federal agency.

Blocking and Removing Content

Stereo Alpha has no legal obligation to monitor Content on the Site or Service. Stereo Alpha reserves the right to remove, block or delete Content without limitation, at any time and for any reason. You have no right of continued access to any particular Content. In the event you are unable to access an item of Content due to its removal, Stereo Alpha shall have no liability.

Rights You Grant to Stereo Alpha

Stereo Alpha does not grant privacy or confidentiality with respect to any Content you submit. By making any User Content available on or through the Site or Service you hereby represent and warrant that you own all your User Content or have all the rights necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that none of the following will infringe, misappropriate or violate a third party’s intellectual property rights or the rights or publicity or privacy or will result in a violation of any applicable law or regulation: (i) your User Content, (ii) your use or provision of your User Content, (iii) any use of your User Content. Also by making any User Content available on or through the Site or Service you hereby grant Stereo Alpha a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon distribute, publicly display publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other users.

You can remove your User Content by deleting it. We are not responsible or liable for the removal or deletion (or failure to remove or delete) any of your User Content.

Fees and Payment

Some of the services provided by the Site and Stereo Alpha require payment of fees. You are required to pay all applicable fees in connection with the services you select. Stereo Alpha reserves the right to change its pricing and institute new charges at any time with seven (7) days prior notice. Notice may be sent via email or posted on the Site.

Termination

You may terminate this Agreement by sending notice to Stereo Alpha in writing to contact @ stereoalpha dot com, as well as deleting any and all of your Content from the Site and Service and also your account and ceasing to use the Site and Service after. Upon termination or cancellation of services or your Account, all provisions of these Terms, which by their nature, should survive and will survive including without limitation ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. You will be obligated to pay all amounts owed under these Terms due prior to such termination.

Stereo Alpha may suspend your access to, delete or block access to any of your Content, and terminate your Account at its sole discretion at any time with and without warning (i) if you are in breach of any of the terms or provisions in these Terms; (ii) if you are deemed a repeat offender of any violation or infringement or; (iii) for other reasons left to the sole discretion of Stereo Alpha. Stereo Alpha may cease providing access to the Site and Service in the jurisdiction where you reside or from where you are attempting to access the Site or Service.

Once your account is terminated, any and all Content, data and information residing in your account will be deleted except to the extent that we are obligated or permitted to retain such content, data, or information for any legitimate reason including, but not limited to legal reasons and to protect our business interests. Given the foregoing, you are advised to back up or save any material you have uploaded before deleting your account. Stereo Alpha assumes no liability for any material that is deleted following any termination of your account.

Stereo Alpha does not offer refunds to account holders or users whose accounts are terminated as a result of repeated infringements of these Terms. Other refunds may be payable at the sole discretion of Stereo Alpha. Stereo Alpha has no obligation and makes no promise of any kind of refund.

Enforcement Rights

Although Stereo Alpha is not obligated to monitor access of or use of the Site and Service or Content or review or edit and Content, we reserve the right to do so in order to ensure compliance with these Terms or with applicable law or other legal requirements and for the purpose of operating the Services. We reserve the right, but are not obligated to disable or remove any Content or terminate a user’s account at any time at our sole discretion, with or without notice if we determine the Content to be objectionable or in violation of these Terms. Stereo Alpha also reserves the right to investigate any violation of these Terms or any activity that affects the Site or Service. This right includes the right to consult with law enforcement authorities and to prosecute users who violate the law or other legal requirements.

Copyright Policy

As a licensed member of Ascap, Stereo Alpha respects copyright law and expects users to do the same. Stereo Alpha adheres to the following general policy in accordance to the United States Digital Millennium Copyright Act with regard to copyright infringement: (1) Stereo Alpha blocks access to or removes content that we believe to be illegally copied and distributed by any of our content providers, affiliates, users or advertisers. (2) Stereo Alpha discontinues service to, terminates the accounts of and removes content from repeat offenders.

Please submit a notification pursuant to the United States Digital Millennium Copyright Act top us at legal@stereoalpha.com if you believe that any Content on the Site or Service infringes a copyright. The message must include the following:

  • A statement that you have identified content on the Stereo Alpha Site or Service that you believe infringes on your copyright or the copyright of a third party on whose behalf you are officially authorized to act;
  • A description of the copyrighted work(s) and of the Content that you in good faith believe is infringing and is to be removed and the URL(s) where that Content can be located within the Site or Service as well as sufficient information to permit the service provider to locate the Content;
  • A statement that the information you are presenting is accurate and that you are or are authorized to act on behalf of the original copyright owner of the right that is allegedly infringed;
  • A statement that you have good faith to believe the disputed Content is not authorized by the copyright owner, his or her agent or the law;
  • Your full legal name, accurate address where you reside or work, valid email address at which you can be contact, a working telephone number at which you can be contacted, your Stereo Alpha username if applicable;
  • Confirmation that your statements regarding your authorization to act on behalf of the copyright owner are made under penalty of perjury;
  • Your electronic signature (scanned).

Anyone who knowingly misrepresents infringing Content or activity is subject to liability according to the United States Digital Millennium Copyright Act.

Stereo Alpha’s process for counter notifications is also governed by the United States Digital Millennium Copyright Act. Once Stereo Alpha has received proper notification that Content infringes on a copyright, it is Stereo Alpha’s policy to remove or disable access to the infringing Content and notify the Content provider that the Content is infringing and has been removed or disabled. Stereo Alpha has a policy to terminate the accounts or repeat offenders and disallow Content from the provider to appear on the Site or Service.

If you believe your Content which was removed (or access to which was disabled) is not infringing, or that you have appropriate authorization from the copyright owner to post or that Content you may send a counter notice. This counter notice must include the following:

  • Your electronic signature (scanned);
  • A description of the copyrighted work(s) and of the Content that you in good faith believe is not infringing and is to was removed and the URL(s) where that Content was located within the Site or Service before it was removed;
  • A statement that you have good faith to believe the disputed Content was removed or disabled by error or misidentification of the Content;
  • Your full legal name, accurate address where you reside or work, valid email address at which you can be contact, a working telephone number at which you can be contacted, your Stereo Alpha username if applicable;
  • A statement that you consent to the jurisdiction of any federal court located within the State of New York selected by Stereo Alpha;
  • Confirmation that your statements regarding your authorization to act on behalf of the copyright owner are made under penalty of perjury

Once we have received counter notification, we will forward the notice tot eh party who submitted the original notice. Please note that the information we forward includes the user’s personal information. BY submitting the counter notification, you (or the user) consents to having this information passed to the original claimant. We will not pass this information along to anyone else but the original claimant.

The Original claimant then has ten (10) days to notify us that he or she has filed an action to seek a court order restraining you from engaging in infringing activity on Stereo Alpha. Once we receive such information we will not display or distribute the Content on the Site or Service. If we do not receive such information we may do so.

The foregoing process and policy applies to copyright. If you come across Content on the Site or Service you believe to be a violation of your trademark or infringes or violates any other of your rights, is defamatory, pornographic, obscene, racist, constitutes impersonation, harassment, spam or violates these Terms, please notify us immediately at legal@stereoalpha.com. You must provide us with accurate and valid contact information as well as a full name and URL and sufficient details for us to be able to locate the Content.

Limitation of Liability

Neither Stereo Alpha nor any other party, officer, director, employee or agent, subsidiary, affiliate, successor or assign involved in creating, producing, or delivering the Site or Services will be liable for any indirect, incidental, special, punitive, exemplary or consequential damages or any kind whatsoever, personal injury or property damage, damage resulting from your use of the Site or Service or damage including but not limited to lost profits, data, images, goodwill, Content or other intangibles, or for unauthorized use, failure to provide accurate or complete information or keep your username private or confidential, service interruption, non-performance, errors or omissions in the Site, computer damage or system failure or any damage incurred as a result of emailing, posting, downloading, transmitting, distributing, performing, or displaying Content or other causes or the cost of substitute services arising out of or in connection to these Terms or from use of or inability to use the Services or Content, whether based on warranty, contract, tort (including negligence), product liability, or any legal theory.

You acknowledge that Stereo Alpha has no duty or responsibility to take any action over or control over what Content you access on through or via the Site and Service or how you use or interpret it or what effect that Content has on you, as well as what actions you may take as a result of having been exposed to it. You acknowledge that Stereo Alpha has no control over which users gain access to the Site or Service. You release Stereo Alpha from all liability for you having acquired or not acquired Content from the Site and Service. THE SITE AND SERVICES AND ALL CONTENT OR SERVICES ACCESSED THROUGH OR VIA THE SITE THE SERVICE OR OTHERWISE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY. YOU AGREE YOUR USE OF THE SITE IS AT YOUR OWN RISK. STEREO ALPHA ASSUMES NO RESPONSIBILITY AND IS NOT LIABLE NOR MAKES NO WARRANTIES, PROMISES OR REPRESENTATIONS ABOUT THE SITE OR SERVICES WHATSOEVER, ANY CONTENT, ANY LINKED SERVICES OR CONTENT, OR OTHER EXTERNAL SERVICES INCLUDING BUT NOT LIMITED TO QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT. TO THE FULLEST EXTENT ALLOWED BY LAW, STEREO ALPHA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (II) PERSONAL OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICE; (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR VIA THE SITE OR SERVICE.

Stereo Alpha will not be liable for any suspension, modification, discontinuance or lack of availability of the Site or Services, your account, or any other Content. Stereo Alpha is not liable for any action taken against you by third party rights holders relating to your Content or use of the Service. Stereo Alpha’s, the Site’s and the Service’s collective liability under these Terms is limited to two hundred United States dollars.

The foregoing will apply to the fullest extent permitted by law in the applicable jurisdiction. The foregoing limitations and exclusions are void where prohibited by law and the right to access the Site and Services is revoked in such jurisdictions. In general, access to the Site and Services from jurisdictions where the Content or practices of the Services are illegal, unauthorized or penalized is strictly prohibited.

Liability for Content

You are solely responsible for the Content you upload to the Site and Service. To the full extent permissible by applicable law, Stereo Alpha and any other party, officer, director, employee or agent, subsidiary, affiliate, successor or assign, hereby exclude any and all liability which may arise from any Content uploaded to the Site or Service, as well as any and all activity by users. This includes but is not limited to: Claims of infringement of intellectual property, privacy, or publicity rights, claims relating to any material which is deemed to be defamatory, pornographic, obscene, or offensive, or claims related to the accuracy, completeness, currency or reliability of any information provided by users. By using the Site and Service, you waive any right to assert any claim with respect to any of the foregoing against Stereo Alpha and any other party, officer, director, employee or agent, subsidiary, affiliate, successor or assign.

Severability

Should one or more of the provisions in these Terms be found to be unlawful, void or unenforceable by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term in these Terms shall be deemed a further or continuing waiver of such term or any other term. Stereo Alpha’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Stereo Alpha also reserves the right to modify or amend these Terms or modify the price or charge for any service at any time without notice or by posting a notice on the Site or notifying you via email or postal mail. You are responsible for reviewing and familiarizing yourself with the modifications. Your use of the Site and Service following the amendment or modification will signify your assent to and acceptance of these Terms and any and all modifications or revisions.

Applicable Law and Jurisdiction

These Terms are subject to the laws of the state of New York in the United States. These Terms shall be governed by the internal substantive laws of the State of New York, without respect to its conflict and laws of principles. You hereby agree that any claim or dispute between you and Stereo Alpha that arises in part or in whole from the Site or Service shall be decided exclusively by a court of competent jurisdiction located in Queens County, NY. The foregoing provisions do not apply to any claim that Stereo Alpha makes to receive equitable relief of any kind. You acknowledge and agree you are not entitled to seek injunctive or other equitable relief against Stereo Alpha, including with respect to your Content in the event of any breach of these Terms from either Stereo Alpha or a third party. Your only remedy shall be monetary damages, subject to the limitations of liability set forth in these Terms. You and Stereo Alpha agree that any cause of action arising out of or related to this Site and Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Disclosures

The services hereunder are offered by PTY Solutions, a company incorporated under the laws of the state of New York in the United States. You may contact us by emailing us at info @ stereoalpha dot com. You may find out more information about Stereo Alpha here.