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Stingwax User Terms of Use

Welcome to StingWax.com (hereinafter "Stingwax" or the "€œSite"), a registered domain name of Stingwax Corporation. Once you ("€œUser", "€œyou" or "€œyour") have submitted your User fee, this shall constitute our entire agreement (the "Agreement"). Please review the following basic rules that govern your use of the Site. Please note that your submission of the User fee and your use of the Site, constitutes your unconditional agreement to follow and be bound by these Terms of Use.

User Fee

To become a User of Stingwax, User must remit the appropriate amount below to Stingwax. Upon payment of the User fee, Stingwax will provide User with various streams of music for a minimum of twenty (20) hours in duration as well as an application for a PC or Mac Desktop (Stingwax interface player) and customized applications for iPod/iPhone/iPad to access the music. The User fee is as follows:

User shall have the right to play any music on the Stingwax Site month to month until canceled. User fee, provided that User pays the monthly fee prior to the month for which you wish to use the Site.

Membership, Free Trials, Billing and Cancellation

1. Membership

  1. Ongoing Membership. Your Stingwax membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Stingwax service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
  2. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Stingwax by visiting our website or mobile app and clicking on the "My Account" link . Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

2. Free Trials

  1. Your Stingwax membership may start with a free trial. The free trial period of your membership lasts for 10 hours, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new members only. Stingwax reserves the right, in its absolute discretion, to determine your free trial eligibility.
  2. We will begin billing your Payment Method for monthly membership fees ONLY if user decides to subscribe after trial ends. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website or mobile app, and click the "My account" link. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
  3. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE "MY ACCOUNT" LINK AT THE TOP OF THE STINGWAX WEB PAGE (www.stingwax.com) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

3. Billing

  1. Recurring Billing. By starting your Stingwax membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Stingwax service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
  2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
  3. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Stingwax membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "My Account" link on the Stingwax website to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
  4. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
  5. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "My Account" link, available at the top of the pages of the Stingwax website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Cancellation. You may cancel your Stingwax membership at any time, and you will continue to have access to the Stingwax service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the "My Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "My Account" on the Stingwax page. If you signed up for Stingwax using your account with a third party as a Payment Method, and wish to cancel your Stingwax membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Stingwax service through that third party. You may also find billing information about your Stingwax membership by visiting your account with the applicable third party.

Use of the Site

By accepting these Terms of Use, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use the Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

Content

All materials, including: music, videos, interviews, visual images, text, illustrations, designs, icons, photographs, programs, and any other materials that are part of the Site (collectively, the "Content") are intended solely for personal, non-commercial use. User agrees not to download or to copy the Content displayed on the Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site, or any related software. All software used on the Site is the property of Stingwax or its suppliers and protected by U.S. and international copyright laws. The Content and software on this Site may be used as set forth in this Agreement. Any other use, including the reproduction, modification, distribution, republication of the Content on the Site is strictly prohibited. Downloading and/or file-sharing is prohibited and is a violation of the Terms of Use.

You understand that by using the Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Stingwax and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Your use of the Content is conditioned upon your prior acceptance of the terms of this Agreement. You shall be authorized to use the Content for personal, noncommercial use only.

Site Security

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Stingwax will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from The Site on the Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Copyrights and Trademarks

Unless otherwise noted, all Content including copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Stingwax, one of its affiliates or by third parties who have licensed their materials to Stingwax, are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the Site is the exclusive property of Stingwax and is also protected by U.S. and international copyright laws.

Stingwax and its suppliers and licensors expressly reserve all intellectual property rights in all music, video, text, programs, products, processes, technology, and all other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Stingwax's or any third party's intellectual property rights.

The Site name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Stingwax. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner. References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Stingwax's endorsement, sponsorship or recommendation of the third party, information, product or service. Stingwax is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

Indemnification

You agree to defend, indemnify and hold harmless Stingwax and its affiliates and assigns from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Termination

These Terms of Use are effective unless and until terminated by either you or Stingwax. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site, and there shall be no refund to you of the User fee. Stingwax also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Stingwax's sole discretion you fail to comply with any term or provision of this Agreement.

Disclaimer

THE SITE IS PROVIDED BY STINGWAX ON AN "AS IS" AND "AS AVAILABLE" BASIS. STINGWAX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STINGWAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, STINGWAX DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL STINGWAX OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF STINGWAX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL STINGWAX BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Stingwax to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Stingwax's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under New York law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Site must be brought in the state or federal courts of New York and you consent to the exclusive personal jurisdiction of such courts.

DMCA Notice

Procedure for Making and Responding to Claims of Copyright Infringement

It is the policy of Stingwax to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to Stingwax's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Stingwax's Designated Agent listed below.

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Stingwax�s Designated Agent that includes the following:

Stingwax’s Designated Agent for notice of claims of copyright infringement can be reached as follows: By email: copyrights@stingwax.com This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site. Upon receipt of a valid notification of alleged copyright infringement by a third party, Stingwax shall remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer has removed or disabled access to this material. You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Stingwax, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If a notice of copyright infringement has been filed against you, you may file a counter- notification with the Designated Agent at the address listed above. To be effective, a counter- notification must be a written communication provided to the Stingwax’s Designated Agent that includes the following: A physical or electronic signature; 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 to it was disabled; A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity. If Stingwax receives a valid counter-notification, it shall provide the complainant with a copy of the counter-notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 business days from receipt of the counter- notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Stingwax has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Stingwax’s system. You should be aware that the DMCA provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their counter-notification statement may be liable for any damages, including costs and attorneys' fees, incurred by any copyright owner or copyright owner's authorized licensee, or by Stingwax, if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.

PRIVACY POLICY

Your privacy is important to StingWax. So we’ve developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions. You acknowledge that any personal information that you provide through this Site will be used by StingWax in accordance with our Privacy Policy.

Information We Collect

We collect your information from the following sources: Information you give us, such as during transactions, customer service, surveys, and online registrations. Information from other sources, such as consumer reporting agencies, and Information automatically collected when you visit our websites.

How We Use Your Information

StingWax uses your information to provide requested products and services and to support core business functions. These include fulfillment, internal business processes, marketing, authentication and fraud prevention, and public safety and legal functions. Some examples include:

To accomplish these purposes, we may combine personal and non-personal information we collect online with offline information, including information from third parties. We may also share your information within our family of corporate affiliates, to accomplish these and our affiliates purposes. However, we do not share with affiliates information that you provide to pay the Business User fee including bank account or credit card information.

How We Share Your Information Outside Stingwax

Stingwax does not sell or license your personal information to third parties. We may share your personal information, whether you are a current or former customer, only under the following limited circumstances.

Service Providers

We may share information about you with service providers or suppliers that help with our business operations. Examples are shipping vendors, billing and refund vendors, credit card processors, and companies that help us improve our product and service offerings and our websites. We require these service providers and suppliers to keep the information secure. We prohibit them from using your information for any purposes other than those requested by us.

Legal Requirements and Protection of Our Company and Others

We may share your information in other special circumstances. These include situations when we believe in good faith that the law requires it or that the sharing is necessary to protect the safety, property, or other rights of StingWax, our customers, our associates, or any other person. Examples include protecting the health or safety of customers, or addressing crimes committed in connection with the Site.

Marketing Purposes

Based only on your express consent, we may share information with carefully selected vendors who may offer you products and services of interest. You may opt-in to this sharing under the “Your Choices section below.

Aggregate Information

We may share aggregate and statistical data that does not identify you personally. We may do this for research and marketing purposes, for instance to describe our services to prospective partners or advertisers, and for other lawful purposes.

Business Transfers

In the unlikely event that StingWax or substantially all of its assets are acquired by an unrelated third party, your personal information may be one of the transferred assets.

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