Uforia Terms of Service

Uforia by TREBEL Terms of Service

End User License Agreement

This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you(r)") and M&M Media, Inc. dba TREBEL ("Company"). This Agreement governs your use of the Uforia by Trebel Mobile Application, including all related documentation (collectively, the "Application" or "Service"). The Application is licensed, not sold, to you.

By downloading, installing, or using the Application, you (A) acknowledge that you have read and understand this Agreement; (B) represent that you are 18 years of age or older or the age of majority in the applicable territory; 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 download, install, copy, or use the Service, software, or any content available through the Application ("Content").

This agreement may be updated by Company from time to time, and in such cases, the most recent version supersedes all previous versions.

1. License Grant

a. Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, and non-transferable license to download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or controlled by you ("Mobile Device") strictly in accordance with this Agreement and applicable Terms of Use. We reserve the right to temporarily deny you access to the Application or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain the Application, or to maintain it in its present form, and we expressly reserve the right to modify, suspend, or terminate your access privileges.

b. Passwords and Security. You agree not to disclose to anyone your confidential password and to notify us immediately if there has been a breach of your security that affects our Application.

b. The Application and related software may allow you to access and engage with audio content, including radio, podcasts, and music. This content may be owned by the Company or third parties. Your rights to this content are subject to applicable copyright laws and licensing agreements.

2. License Restrictions

You shall not:

a. Copy, modify, or distribute the Application except as expressly permitted; b. Reverse engineer, decompile, or attempt to access the source code; c. Remove or alter any copyright, trademark, or proprietary notices; d. Use the Application for any commercial purpose without authorization; e. Share, rent, lease, sublicense, or otherwise transfer the Application to any third party; f. Use the Application in violation of applicable law or regulations in ways that harm others; g. Use the Application for building, training, or contributing to any machine learning or AI system, or sharing data derived from the Application; use the Application in any way that could damage, disable, overburden or impair any of our servers, or the networks connected to any of our servers.

3. Reservation of Rights

You acknowledge that the Application is provided under license and not sold to you. The Company retains all rights, title, and interest in and to the Application, including copyrights, trademarks, and other intellectual property rights, except for the limited license granted to you. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application.

4. Collection and Use of Your Information

a. By using the Application, you acknowledge that the Company may collect and process certain data, including but not limited to usage statistics, device information, and user interactions, as outlined in our Privacy Policy.

b. Your engagement with radio, podcasts, and music content may be monitored to improve recommendations, personalize user experiences, and ensure content rights compliance. By using the Application, you consent to such data collection and usage.

5. Geographic Restrictions

The Content and Services are intended for access and use in the United States and its territories and possessions. By using the Application, you acknowledge and agree that your personal information may be transferred to and/or processed in the United States for the purposes identified in these Terms and the Privacy Policy. Access outside these regions may be restricted, and users are responsible for compliance with local laws.

6. Updates

The Company may periodically provide updates, bug fixes, patches, or new features to enhance the Application. You agree to install such updates for continued functionality and acknowledge that failure to do so may affect performance.

7. Third-Party Content

The Application may display third-party content, including advertisements, links, and media. The Company is not responsible for the accuracy, reliability, or legality of such content and assumes no liability for third-party materials.

8. Copyright Policy

We will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any content on our Application infringes on your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA). Please see our DMCA Policy for more information.

9. Term, Termination and Survival

a. This Agreement remains in effect until terminated by you or the Company. b. You may terminate by deleting the Application and ceasing all use. c. The Company may terminate this Agreement at any time if you violate its terms. d. Upon termination, you must delete all copies of the Application and discontinue usage.

b. Survival. The following sections shall survive termination: Sections 3 (Reservation of Rights), 5 (Geographic Restrictions), 8 (Copyright Policy), 6 (Problems and Disputes), 9 (Term, Termination and Survival), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 15 (Governing Law) as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

10. Disclaimer of Warranties

The Application is provided "as is" without warranties of any kind, either express or implied. The Company does not guarantee uninterrupted service, error-free operation, or compatibility with all devices.

11. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for indirect, incidental, or consequential damages arising from your use or inability to use the Application.

12. Indemnification

You agree to indemnify and hold harmless the Company from any claims, damages, or expenses resulting from your misuse of the Application or breach of this Agreement.

13. Export Regulation

You may not export or use the Application in violation of applicable laws and regulations regarding software and technology exports.

14. Severability

If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain in full effect.

15. Governing Law

This Agreement shall be governed by the laws of the State of New York. Any legal disputes shall be resolved exclusively in the courts of New York.

16. Entire Agreement

This Agreement and the Privacy Policy constitute the entire agreement between you and the Company regarding the Application, superseding any prior agreements.

17. Waiver

Failure to enforce any term shall not constitute a waiver of any rights under this Agreement.

By continuing to use the Uforia Application, you acknowledge and accept these Terms of Service.

18. Customer Support

For customer support, please send questions to [email protected].

DMCA POLICY

We respect the copyright and other intellectual property rights of others and expect users of our website and application (collectively, the "Services") to do the same. In accordance with the United States Digital Millennium Copyright Act (the "DMCA") and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Service who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to the Service and terminate the accounts of any users of the Service who infringe any intellectual property rights of others, whether or not there is any repeat infringement. See our Terms for more information.

Notification of Alleged Copyright Infringement

If you believe that content available on or through our Services infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our Website infringes your copyright, you should consider first contacting an attorney.

All Notifications should include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (e.g. the URL link of the material).
Information reasonably sufficient to permit us to contact the complaining party, such as the name, account name, address, telephone number, and e-mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Submit your notice to our designated DMCA agent by mail or email as set forth below:

Please note that you may be liable for damages, including court costs and attorney's fees, if you materially misrepresent that content on the Services is copyright infringing.

Upon receiving a proper notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

Please note that our furnishing your claim to the alleged infringer will include the personal information you provide in your notification, which the alleged infringer may use to contact you directly. As such, by submitting a notification of alleged copyright infringement, you consent to disclosure of your information in the aforementioned manner.

Counter Notification

If you believe your copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter-notification letter to us. To be an effective counter-notification under the DMCA, your letter must include substantially the following:

Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which our Company is located.
A statement that you will accept service of process from the party that filed the Notification or the party's agent.
Your name, address and telephone number.
A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your physical or electronic signature.
You may submit your Counter Notification to our Copyright Agent by mail, or email as set forth above.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.