These are the Terms and Conditions for the Soundstack mobile application (the Application) between you, the user, and Airfind Corp (Airfind, we or us). These Terms and Conditions consist of (1) a License Agreement and (2) the Terms of Use applicable to the use of the Application and the services provided by the Application (together, this Agreement).
This Agreement also includes the terms and conditions of the Soundstack Privacy Policy, as amended from time to time, which are incorporated herein by reference.
IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING "I HAVE READ AND UNDERSTAND" THIS AGREEMENT AND DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE APPLICATION.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, WHICH MAY LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE. SEE BELOW UNDER "TERMS OF USE – ARBITRATION AND CLASS ACTION WAIVER."
THE APPLICATION WILL ALLOW AIRFIND AND THIRD PARTIES TO COLLECT, TRANSFER AND USE INFORMATION ABOUT YOUR DEVICE'S PRECISE LOCATION. PLEASE SEE "TERMS OF USE – PRIVACY; LOCATION DATA" BELOW FOR MORE INFORMATION.
1. ELIGIBILITY
The Application is intended for use by persons who are at least 13 years of age and reside in the United States and its territories (the Permitted Territory). If you are under 13 years of age, you may not download and use the Application. If we learn that a user is under 13 years of age, we will terminate that user's account within the Application. If you download and use the Application outside of the Permitted Territory, you will not be able to open an account for the Application, be awarded any points or redeem any points. If you are a user that is between the ages of 13 and 18, you must have a parent or guardian's consent to use the Application.
2. OVERVIEW OF THE APPLICATION
The Application provides you with the opportunity to be awarded points which can be redeemed for various rewards. Normal data usage rates will apply when you use the Application.
3. LICENSE AGREEMENT
A. The License
Subject to the terms of this Agreement, Airfind grants to you a limited, nontransferable, nonexclusive license (without the right to sublicense) to install and use one copy of the Application, in executable object code format only and solely for your personal use, strictly in accordance with the terms and conditions of this Agreement, and all applicable local, state, and national laws and regulations (the License). By using the Application, you represent, warrant and agree that you are using the Application solely for your own personal use and not for redistribution or transfer of any kind. You agree to abide by the rules and policies established from time to time by Airfind relating to your use of the Application. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues. If at any time after reviewing the Application you wish to terminate the License, you must un-install and remove the Application from your mobile device(s), and delete any copy in your possession.
B. Restrictions
The rights granted to you in the License are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party or to any mobile device not owned or controlled by you; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application; (c) you shall not access the Application in order to build a similar or competitive product or service; (d) except as expressly stated herein, no part of the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; (e) you shall not make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (f) you shall not violate any applicable laws, rules or regulations in connection with your access or use of the Application; (g) you shall not remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) or legal notices of Airfind or our licensors; (h) you shall not use the Application for any purpose for which it is not designed or intended; (i) you shall not make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time; (j) you shall not use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (k) you shall not use any proprietary information or interfaces of Airfind or other intellectual property of Airfind in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; and (l) you shall not circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application. Any use of the Application other than as specifically authorized herein, without the prior written permission of Airfind, is strictly prohibited and will terminate the License. These obligations survive termination of this Agreement.
C. Ownership
You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that you download, install, or use on your personal computer or mobile device(s)), and all copyrights, patents, trademarks, branding or logos used in the Application, trade secrets, source and object code, format, directories, queries, algorithms, structure and organization of the Application and other intellectual property rights and proprietary and confidential information rights associated therewith are, and shall remain, the property of Airfind or our licensors. Airfind and our licensors reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly authorized by Airfind herein, you are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this Agreement are hereby reserved and retained by Airfind and our licensors. These obligations survive termination of this Agreement.
4. TERMS OF USE
A. Registration; Your Account
The Application requires that you register and create an account (Account). There is no registration fee required to use the Application. When you register, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (b) provide us with updates and maintain the accuracy and completeness of such information. Please also see "Eligibility" above for a description of those who are permitted to use the Application.
You are allowed to have only one (1) Account. Your Account must have a working email and an associated mobile phone number located in the Permitted Territory. For information about email communications and your opt-out rights, please see Section 6.II of the Soundstack Privacy Policy. A VOIP phone number and a landline phone number do not count as a mobile phone number for this purpose. If you open more than one Account, we may cancel all Accounts associated with you.
B. Privacy; Location Data
Your privacy is important to us. Our Privacy Policy explains how we collect, use and protect your information when you use our Application. By using our Application, you agree to the collection and use of information in accordance with our Privacy Policy.
LOCATION DATA: The Application will collect, transfer and use information about your device's precise location. This location data may be shared with third parties, including advertisers and survey partners, to provide you with relevant content and opportunities to earn points. By using the Application, you consent to the collection, use and sharing of your location data as described in our Privacy Policy.
C. Points and Rewards
You may earn points through various activities within the Application, such as completing surveys, viewing advertisements, or other activities as determined by Airfind. Points have no cash value and cannot be exchanged for cash. Points may be redeemed for rewards as available in the Application. Airfind reserves the right to modify, suspend, or terminate the points and rewards program at any time without notice.
Points are non-transferable and may not be sold, traded, or transferred to other users. Airfind reserves the right to cancel or modify points if fraud or abuse is suspected.
D. Prohibited Uses
You may not use the Application:
- For any unlawful purpose or to solicit others to perform unlawful acts
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code
- To spam, phish, pharm, pretext, spider, crawl, or scrape
- For any obscene or immoral purpose
- To interfere with or circumvent the security features of the Application
E. Termination
We may terminate or suspend your Account and bar access to the Application immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your Account, you may simply discontinue using the Application and delete it from your device.
F. Disclaimer
The information on this Application is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- Excludes all representations and warranties relating to this Application and its contents
- Does not warrant or guarantee the accuracy, completeness, or timeliness of the information
- Excludes all liability for damages arising out of or in connection with your use of this Application
G. Governing Law
These Terms shall be interpreted and governed by the laws of the State of Illinois, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
H. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.
I. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
Airfind Corp
3401 N. Miami Ave, Suite 230
Miami, FL 33127
Email: soundstack@jointhrewards.com
J. Arbitration
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION AT THE REQUEST OF EITHER PARTY, TO BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA").
WE SHALL BE FULLY RESPONSIBLE FOR FILING, ADMINISTRATION AND ARBITRATOR FEES AND WE WILL ADVANCE, OR REIMBURSE YOU FOR, ANY REASONABLE FILING, ADMINISTRATION AND ARBITRATOR FEES FOR ANY ARBITRATION INITIATED IN ACCORDANCE WITH THIS PARAGRAPH. WE WILL REIMBURSE YOU FOR YOUR REASONABLE ATTORNEYS' FEES AND COSTS IF THE ARBITRATOR AWARDS YOU AN AMOUNT EQUAL TO OR GREATER THAN THE AMOUNT YOU HAVE DEMANDED IN SUCH ARBITRATION.
THE AMERICAN ARBITRATION ASSOCIATION SHALL ADMINISTER THE ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. BOTH PARTIES ACKNOWLEDGE THAT THIS AGREEMENT IS A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND IS THEREFORE GOVERNED BY THE FEDERAL ARBITRATION ACT. BY AGREEING TO ARBITRATION, BOTH PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE IN COURT INCLUDING ANY RIGHT TO A JURY TRIAL.
UNLESS YOU AND WE OTHERWISE MUTUALLY AGREE, ALL HEARINGS UNDER SUCH ARBITRATION SHALL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. AT YOUR OPTION, YOU MAY BRING AN ACTION AGAINST US IN SMALL CLAIMS COURT, NOTWITHSTANDING THIS AGREEMENT. THE PARTIES AGREE THAT ALL CLAIMS, WHETHER IN ARBITRATION OR IN SMALL CLAIMS COURT, SHALL BE TREATED INDIVIDUALLY AND THERE SHALL BE NO CONSOLIDATION OF CLAIMS, CLASS ACTIONS, REPRESENTATIVE ACTIONS OR PRIVATE ATTORNEY GENERAL ACTIONS. AIRFIND EXPRESSLY REJECTS AND DOES NOT CONSENT TO ANY CONSOLIDATION OF CLAIMS OR CLASS ACTION IN THE ARBITRATION.
THIS ARBITRATION AGREEMENT SURVIVES THE TERMINATION OF THIS SERVICE AGREEMENT.
FOR ADDITIONAL INFORMATION ON COMMENCING ARBITRATION AND HOW THE ARBITRATION PROCESS WORKS, YOU MAY CALL THE AMERICAN ARBITRATION ASSOCIATION AT 800-778-7879 OR VISIT THEIR WEBSITE AT WWW.ADR.ORG.