TERMS OF USE

Effective Date: 1/1/16

PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A BINDING CONTRACT BETWEEN YOU AND ETHR, LLC.
1. INTRODUCTION

Welcome to ethr! We are pleased to offer you a social and interactive music streaming service. These Terms of Use (the “Terms”) along with our Privacy Policy (www.ethrmusic.com/PrivacyPolicy) set forth the terms and conditions under which ethr, LLC (“ethr”, “us”, “we”) agrees to provide you access to our website (the “Site”) and our Services. “Services” includes any version of the Site, our mobile application (the “Application”), any software, data and content of any kind including, without limitation, the information, features, artwork, text, video, audio, pictures or other content or features provided on or accessed through the Site or the Application, and any other software or applications owned and/or controlled by ethr.

Your access and/or use of the Services (or by clicking “I Accept” if presented with these Terms in a click through format) signifies your agreement to these Terms, as well as your agreement with our Privacy Policy (www.ethrmusic.com/PrivacyPolicy) where applicable (together, the “Agreements”), and constitutes your binding acceptance of the Agreements, including any modifications that ethr makes from time to time.

If you do not agree with these Terms, please stop using the Services immediately, or if applicable, cancel your subscription. These Terms will continue to apply to you until terminated by either you or ethr. ethr may terminate these Terms or suspend your access to the Services at any time. If you or ethr terminate these Terms, or if ethr suspends your access to the Services, ethr shall have no liability or responsibility to you, and ethr will not refund any amounts that you have already paid.

2. WE MAY MODIFY THESE TERMS

We may change, update, or delete or add to (“Amendments”) these Terms over time. Any Amendments will be effective immediately upon posting. It is your responsibility to review these Terms periodically for changes. If you do not agree to or cannot comply with these Terms at any time, stop using the Services immediately, or if applicable cancel your subscription. You will be deemed to have accepted any Amendments to the Terms if you continue to use the Services after any Amendments have been posted.

3. USERS

Users of the Services include users accessing the Services on a free, ad supported, basis will (i) have listening access to premium subscribers live sessions only (ii) can look at broadcasters entire playlist but can not skip or re order the playlist (iii) can browse and listen to all playlists currently broadcasting and DMCA compliant stations (iv) can save music to their "wish list" library HOWEVER, they will not be able to play this saved music in an on demand manner or seed a station until they upgrade to premium tier.

Users accessing the Services under a subscription plan are able to access music on-demand and create playlists in a fully interactive manner. These users may be classified as “broadcasters”. A broadcaster is any person or entity that plays a fully interactive playlist made by such entity or person, for themselves or followers. In order to be a curator, you must have a subscription to the Service.

Who may use our Services? All users must be 13 years or older and legally capable of entering into contracts. If you are not 13 years of age or older, you must have the consent of a parent or guardian. You represent that you are at least 13 years old, and that you have read, understood, and agree to be bound by these Terms. If you are not at least 13 years old, or you do not agree to all the terms and conditions of this Agreement, please do not check the acceptance box (where applicable), continue using the Site and/or do not attempt to access or use the Services. You must also be a resident of a country in which ethr is legally authorized to operate the Services.

You are responsible for providing and paying for Internet service, cable modem, mobile cellular service and any other hardware and software needed to use our Services.

IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS YOUR PARENTS. THE SERVICES ARE NOT DESIGNED FOR USE BY CHILDREN UNDER THE AGE OF 13, AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR SITE. BECAUSE THE SERVICES MAY PROVIDE ACCESS TO MUSIC OR OTHER CONTENT THAT CONTAINS EXPLICIT CONTENT INCLUDING STRONG LANGUAGE OR DEPICTIONS OF VIOLENCE, SEX OR SUBSTANCE ABUSE, PARENTAL DISCRETION IS ADVISED FOR ALL USERS AGES 13 TO 17.

4. ACCOUNTS AND YOUR PERSONAL INFORMATION

What information must be submitted to use the Services? To access the Services, you must create an account with us, which will require you to provide certain information such as your name, email address, birthday and sex. If you decide to sign up for a subscription service, you will be asked to provide credit card information and billing information. You agree that all information you provide us will be true, accurate, current and complete.

To learn more about how information we collect from you is used, please see our Privacy Policy (www.ethrmusic.com/PrivacyPolicy).

Canceling your Account. To cancel your subscription to the Service, or to deactivate your account, sign in to your ethr account through the Site or the Application, go to your profile page, click the settings button and select cancel account.

We my change, update or terminate your use of our Services. ethr may freeze or cancel your account for any reason, at any time, in our sole discretion without prior notice. ethr may also modify or discontinue the Services without notice to you at any time, in our sole discretion. ethr shall not be liable for any interference with or termination of your account. ethr may impose limits on any portion of the Site or restrict your access to portions of or the entire Site or the Services in its sole discretion without notice or liability. We reserves the right to add, change, modify, suspend or discontinue (temporarily or permanently) any portion of the Services, in our sole discretion, at any time with or without notice.