StratosAudio, Inc.

Mobile Terms of Service

StratosAudio facilitates access to mobile content, thanks for joining us. Our service allows you to locate and review wireless content before you purchase. Please refer to our affiliates Help page to determine if your phone is supported.

Please take a moment to review our terms of service (“Mobile Terms of Service”) because by using our service, you agree to abide by the rules contained therein. If the Mobile Terms of Service are not acceptable to you and you don’t want to abide by them, please don’t use our services. If you continue to visit our website or services, your consent is implied.

Our Mobile Terms of Service may change from time to time to reflect changes we have made to our services or to our policies. If you continue to use our services after such a change, understand that your continued use signifies that you agree to abide by the new Mobile Terms of Service.

1. Downloading And Preview

The StratosAudio service provides access to digital content such as music, ringtones, video, wallpaper and wireless content for you to preview over streaming technology as well as purchase and download for personal use. Some of our content providers allow you to search for content using a website first, then searching by genre or by particular title. You may look at, listen to and then decide what titles you want to buy. The next steps involves following the instructions for downloading purchased content on the screen of your phone or through the use of a web browser. Be advised that all such previews and/or uses must be for personal, non-commercial use and must comply with all U.S copyright and trademark laws. In order to properly preview and/or download content, you may need to install certain third-party software. You are responsible for any such hardware, systems and/or software program(s) you use and any associated fees and expenses to preview or download the content or any other materials accessible through StratosAudio.

StratosAudio has permission from the applicable owners of the content available using our services to allow streaming the song to you. You agree that the content owners that license their musical and other content to StratosAudio for streaming are intended third-party beneficiaries under this Mobile Terms of Service with the right to enforce the provisions of this Mobile Terms of Service that directly concern their content.

Without limiting anything to the contrary contained herein, StratosAudio makes no warranty that any particular software program will be compatible. It is your sole responsibility to ensure that your playback system(s) will function correctly.

2. Privacy

StratosAudio respects your privacy and security issues. Our Privacy Policy is linked to our web page or affiliates web page where you log in to use our services so that a complete description of all of your privacy rights is accessible and convenient.

3. Trademark and Copyright

This website and associates services is owned and operated by StratosAudio, Inc. (“StratosAudio”). Please see the contact page should you need additional information.

All materials and content visible on the StratosAudio website is the property of StratosAudio Inc. and/or its affiliates, associates, licensees or licensors (as applicable) and are protected under US and international laws and regulations. You hereby agree not to duplicate, replicate, copy, sell or exploit, any portion of the material and/or content on this website or its related applications or services.

StratosAudio, StratosAudio.com, StratosInteractive and stratosinteractive.com and all the logos and designs associated with them are trademarks or servicemarks of StratosAudio and StratosInteractive (“Stratos Marks”). You agree not to display or use in any manner the Stratos Marks without StratosAudio’s prior written permission.

StratosAudio reserves the right to pursue any and all legal and equitable remedies against you if StratosAudio is informed that you have allegedly engaged in infringing behavior, if StratosAudio reasonably suspects that you are violating StratosAudio’s, its affiliates’, associates’, licensees’ or licensors’ intellectual property rights or if you have otherwise violated these Mobile Terms Of Service. Such remedies shall include, without limitation, canceling all orders on StratosAudio (or accounts as applicable) and any of StratosAudio’s affiliate, associate, licensee, or licensor websites.

4. Limitation Of Liability/Disclaimer

You agree that StratosAudio, its affiliates, associates, licensors, licensees, shareholders, directors, officers, and/or employees will not be liable for any harm (whether direct, indirect, incidental, special, consequential or exemplary damages) including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if StratosAudio has been advised of the possibility of such damages), resulting from: the use or the inability to use the website; any cost of getting substitute goods and services resulting from any products, data, information or services obtained or messages received or transactions entered into through or from StratosAudio; unauthorized access to or alteration of your transmissions or data; statements or conduct from anyone on the website; or any other matter relating to StratosAudio.

The invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision hereof. Moreover, in the event that any portion of this Mobile Terms of Service is found to be unenforceable, void or voidable as a matter of law, then StratosAudio’s liability will be limited to the fullest possible extent permitted by said applicable law. You agree that StratosAudio’s maximum liability with respect to products ordered on the website will be no more than the price of the individual product affected.

StratosAudio does not make any representations or warranties whatsoever with respect to the StratosAudio website services, or its contents, including but not limited to any warranty of merchantability or fitness.

StratosAudio is not responsible for the privacy policies or for the terms of service for the website that linked you to our website. StratosAudio recommends that you review the terms of use and privacy policy of all the websites you visit.

5. Indemnification

You agree to indemnify, defend and hold harmless, StratosAudio, its affiliates, and their respective officers, directors, employees, agents, licensors, licensees, representatives, and third party providers to the website from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Mobile Terms of Service by you. StratosAudio reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with StratosAudio in asserting any available defenses.

6. Miscellaneous

This agreement contains the entire understanding of the parties relating to its subject matter. This Mobile Terms of Service, and all matters or issues in connection with it, will be governed by, construed and enforced in accordance with the laws of the State of California (without regard to any principles of conflict of laws), and jurisdiction for any legal proceeding shall be in Los Angeles County. The headings of the sections herein are intended for convenience only, and shall not be of any effect in construing the contents of this agreement

If you don’t understand the Mobile Terms of Service or have any kind of question, comment or suggestion, please email: smssupport@stratosaudio.com.

StratosAudio TERMS AND CONDITIONS OF WEB SITE USE Version 1.1 as of July 18, 2006