END USER LICENSE AGREEMENT
By accessing, downloading, or using the mobile applications, websites, or other products or services of Lunar Labs Software, LLC. and our affiliates ("Lunar Labs", "us" or "we"), or the features, services, or functionality jointly offered with other companies through our mobile application or website (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). Your legal rights and obligations are affected by these Terms, so if you do not agree to these Terms, do not use the Services.
This copy of Bandpass ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Lunar Labs or its subsidiaries, affiliates, and suppliers own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "DOWNLOAD" OR "OK" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
Privacy
The Lunar Labs Privacy Policy is incorporated into these Terms. By accepting these Terms, you agree to the collection, sharing, and use of your information through the Services in accordance with the Privacy Policy.
Restrictions on Transfer
Without first obtaining the express written consent of Lunar Labs, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
User Content
This software and its services allow users to use interactive features to create, post, transmit, and/or store content, including but not limited to audio files, videos, text, items, or other materials (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using this software and its services. You also understand that your User Content may be viewable by others.
We reserve the right, and have absolute discretion, to screen, review, and delete User Content at any time and for any reason. You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Lunar Labs is not liable or responsible for any User Content or claims arising therefrom.
By submitting User Content to Bandpass/Lunar Labs, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, modify, edit, adapt, reproduce, distribute, publish, create derivative works from, perform, exhibit, promote, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"). No use of User Content, including without limitation, Bandpass projects, in accordance with the User Content License shall entitle you to any compensation from Lunar Labs, or any other companies, organizations, or individuals.
Feedback
You agree that any suggestions, ideas, feedback, or other information or materials regarding Bandpass or the Services that you provide, whether by email or otherwise ("Feedback"), shall become the sole property of Lunar Labs and are non-confidential. We will be entitled to the dissemination and unrestricted use of such Feedback for any purpose, commercial or otherwise, without compensating or acknowledging you. You waive any rights you may have to the Feedback (including any moral rights or copyrights).
Lunar Labs Content
Unless otherwise stated, all materials contained on or within the Services as well as their selection and arrangement, including, but not limited to, code, audio files, graphics, text, images, designs, illustrations, icons, video clips, photographs, and written and other materials (collectively, "Lunar Labs Content"), are protected by trademark, copyright, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Lunar Labs Content may violate these Terms and such laws. Lunar Labs does not grant any express or implied rights to use Lunar Labs Content except as expressly provided in these Terms. You agree that you will not reproduce, copy, republish, download, frame, modify, transmit, display, reverse engineer, sell, or participate in any sale of, lease, rent, loan, distribute, assign, license, sublicense, or exploit in any way, in whole or in part, Lunar Labs Content, the Services, or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, non-sublicensable, nonexclusive, license to access and use the Services and Lunar Labs Content. This license is revocable at any time. This license is subject to these Terms and does not include
Any use of the Lunar Labs Content or Services other than as specifically authorized in these Terms, without the prior written permission of Lunar Labs, is strictly prohibited and will terminate the license to use Bandpass granted in these Terms.
Prohibited Actions
You agree that you will not, in addition to the other restrictions outlined in these Terms:
You further agree to abide by any third-party terms that apply to the Services or when posting reviews of Bandpass, including the Android Market Terms of Service or the iTunes App Store Terms of Service. Posting Bandpass usernames in app store reviews is strictly prohibited. In doing so your Bandpass account may be deleted.
Account Security
You accept all responsibility for any activity that occurs while logged into your Bandpass account. It is your responsibility to keep your password safe and secure. You agree that you will not share your password with others or perform any action that might threaten the security of your account, including logging in or sharing your password with any unauthorized third-party applications or clients that attempt to access the Bandpass API. You acknowledge and agree that Lunar Labs will bear no responsibility for any actions taken by those clients or applications, such as any unauthorized use of or breach of your account information, audio files, or comments if you use any such application or client.
International Use
The Services are hosted in the United States. Please be advised that if you are accessing the Services from any region with laws or regulations that govern personal data collection, use, and disclosure differently from United States laws, that you are transferring your personal information to the United States and your continued use of the Services are governed by U.S. law,and you consent to that transfer.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY LUNAR LABS, LUNAR LABS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Lunar Labs makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Lunar Labs makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. LUNAR LABS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY DEVICE.
UNDER NO CIRCUMSTANCES SHALL LUNAR LABS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF LUNAR LABS OR ANY OTHER PARTY, EVEN IF LUNAR LABS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS LUNAR LABS'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Lunar Labs. You agree to indemnify and hold Lunar Labs harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Washington, without regard to Washington's conflict or choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
By accessing, downloading, or using the mobile applications, websites, or other products or services of Lunar Labs Software, LLC. and our affiliates ("Lunar Labs", "us" or "we"), or the features, services, or functionality jointly offered with other companies through our mobile application or website (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). Your legal rights and obligations are affected by these Terms, so if you do not agree to these Terms, do not use the Services.
This copy of Bandpass ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Lunar Labs or its subsidiaries, affiliates, and suppliers own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "DOWNLOAD" OR "OK" OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
Privacy
The Lunar Labs Privacy Policy is incorporated into these Terms. By accepting these Terms, you agree to the collection, sharing, and use of your information through the Services in accordance with the Privacy Policy.
Restrictions on Transfer
Without first obtaining the express written consent of Lunar Labs, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
User Content
This software and its services allow users to use interactive features to create, post, transmit, and/or store content, including but not limited to audio files, videos, text, items, or other materials (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using this software and its services. You also understand that your User Content may be viewable by others.
We reserve the right, and have absolute discretion, to screen, review, and delete User Content at any time and for any reason. You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Lunar Labs is not liable or responsible for any User Content or claims arising therefrom.
By submitting User Content to Bandpass/Lunar Labs, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, modify, edit, adapt, reproduce, distribute, publish, create derivative works from, perform, exhibit, promote, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"). No use of User Content, including without limitation, Bandpass projects, in accordance with the User Content License shall entitle you to any compensation from Lunar Labs, or any other companies, organizations, or individuals.
Feedback
You agree that any suggestions, ideas, feedback, or other information or materials regarding Bandpass or the Services that you provide, whether by email or otherwise ("Feedback"), shall become the sole property of Lunar Labs and are non-confidential. We will be entitled to the dissemination and unrestricted use of such Feedback for any purpose, commercial or otherwise, without compensating or acknowledging you. You waive any rights you may have to the Feedback (including any moral rights or copyrights).
Lunar Labs Content
Unless otherwise stated, all materials contained on or within the Services as well as their selection and arrangement, including, but not limited to, code, audio files, graphics, text, images, designs, illustrations, icons, video clips, photographs, and written and other materials (collectively, "Lunar Labs Content"), are protected by trademark, copyright, trade dress, patent, and/or other intellectual property laws. Unauthorized use of Lunar Labs Content may violate these Terms and such laws. Lunar Labs does not grant any express or implied rights to use Lunar Labs Content except as expressly provided in these Terms. You agree that you will not reproduce, copy, republish, download, frame, modify, transmit, display, reverse engineer, sell, or participate in any sale of, lease, rent, loan, distribute, assign, license, sublicense, or exploit in any way, in whole or in part, Lunar Labs Content, the Services, or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, non-sublicensable, nonexclusive, license to access and use the Services and Lunar Labs Content. This license is revocable at any time. This license is subject to these Terms and does not include
- Use of any data mining, scraping, robots, or similar extraction or data gathering methods;
- Modifying or otherwise making any derivative uses of the Lunar Labs Content or Services, or any portion thereof;
- Accessing the Bandpass API with an unauthorized or third-party client; and
- Any use of the Lunar Labs Content or Services other than for their intended purposes.
Any use of the Lunar Labs Content or Services other than as specifically authorized in these Terms, without the prior written permission of Lunar Labs, is strictly prohibited and will terminate the license to use Bandpass granted in these Terms.
Prohibited Actions
You agree that you will not, in addition to the other restrictions outlined in these Terms:
- Use the Services in any manner that could that could damage, disable, overburden, or impair the functioning of the Services or interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services in any manner;
- Use the Services for any purpose that is beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service or that is illegal;
- Compromise the security of the Services;
- Attempt to use or use another user’s account without authorization;
- Engage in any harassing, intimidating, predatory, or stalking conduct;
- Send any unsolicited or unauthorized advertising, solicitations or promotional materials or spam;
- Access the Services or extract data using any spider, robot, scraper, crawler, or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or circumvent or bypass measures employed to prevent or limit access to any area, content, or code of the Services;
- Attempt to circumvent or bypass any content-filtering techniques employed by us, or attempt to access features or areas of the Services that you are not authorized to access;
- Attempt to indicate in any manner that we have endorsed you or any products or services or that you have a relationship with us without our express written consent to do so;
- Misrepresent your affiliation with a person or entity or impersonate any person or entity;
- Violate the publicity, privacy, or data-protection rights of others, including by recording the audio of another individual without receiving that individual’s consent;
- Infringe any trademark, patent, copyright, trade secret, or other intellectual or proprietary right of any party;
- Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Bandpass account or Bandpass username, without Lunar Labs’ prior written consent;
- Develop any third-party applications that interact with the Services or User Content without our prior written consent; and
- Use the Services for any unauthorized purpose or illegal activity or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply to the Services or when posting reviews of Bandpass, including the Android Market Terms of Service or the iTunes App Store Terms of Service. Posting Bandpass usernames in app store reviews is strictly prohibited. In doing so your Bandpass account may be deleted.
Account Security
You accept all responsibility for any activity that occurs while logged into your Bandpass account. It is your responsibility to keep your password safe and secure. You agree that you will not share your password with others or perform any action that might threaten the security of your account, including logging in or sharing your password with any unauthorized third-party applications or clients that attempt to access the Bandpass API. You acknowledge and agree that Lunar Labs will bear no responsibility for any actions taken by those clients or applications, such as any unauthorized use of or breach of your account information, audio files, or comments if you use any such application or client.
International Use
The Services are hosted in the United States. Please be advised that if you are accessing the Services from any region with laws or regulations that govern personal data collection, use, and disclosure differently from United States laws, that you are transferring your personal information to the United States and your continued use of the Services are governed by U.S. law,and you consent to that transfer.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY LUNAR LABS, LUNAR LABS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Lunar Labs makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Lunar Labs makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. LUNAR LABS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY DEVICE.
UNDER NO CIRCUMSTANCES SHALL LUNAR LABS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF LUNAR LABS OR ANY OTHER PARTY, EVEN IF LUNAR LABS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS LUNAR LABS'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Lunar Labs. You agree to indemnify and hold Lunar Labs harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Washington, without regard to Washington's conflict or choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.