MYSOUND TERMS AND CONDITIONS OF USE

 

THESE MYSOUND TERMS AND CONDITIONS OF USE CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU, THE USER, AND JAYBIRD LLC. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE ANY MYSOUND APPLICATIONS, OR ANY MYSOUND SERVICES. IF YOU HAVE ALREADY PURCHASED A MYSOUND COMPATIBLE PRODUCT, AND YOU DO NOT WISH TO AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY RETURN THE PRODUCT TO YOUR RETAILER IN ITS ORIGINAL CONDITION AND PACKAGING FOR A FULL REFUND.

JayBird LLC, a Utah limited liability company (“JayBird”) offers its MySound application (the “MySound App”), online and mobile software applications that interface with the MySound App and associate applications and services. Collectively, the MySound App, software applications, and all other related services provided by JayBird are referred to herein individually and collectively as “MySound.” Full use of MySound requires you to purchase or otherwise lawfully obtain a MySound compatible product, a compatible smartphone, Internet access at speeds compatible with MySound, and the most recent version of the JayBird MySound mobile application.

In exchange for you agreeing to and abiding by these MySound Terms and Conditions of Use (the “Terms of Use”), JayBird grants you a nonexclusive limited license to use MySound subject to these Terms of Use. By accessing or registering for MySound, you agree to be bound by these Terms and Conditions of Use (“Terms of Use”).

JayBird may change these Terms of Use at any time in its discretion. Your use of MySound after JayBird makes any such changes constitutes your acknowledgement and acceptance of the changes. Please review these Terms of Use regularly. If you do not agree to follow and be bound by these Terms of Use, you may not access or use MySound in any way. We reserve the right to terminate your account for any reason, including if we determine you have violated these Terms of Use, at any time and with or without prior notice to you. If we terminate your account, your data will thereafter be inaccessible to you.

We may modify or discontinue MySound in our sole discretion and at any time, with or without prior notice, without liability to you or any third party.

 

RESTRICTIONS ON USE

MySound were designed to be used with compatible Jaybird audio products to assist users with their listening experience. By electing to use MySound, you agree to only use MySound for their intended purposes.

MySound are not intended for use by children under 13 years old. If you are under 13 years old, you may not use MySound.

 

INFORMATION PRESENTED BY JAYBIRD

While JayBird tries to ensure maximum accuracy in all aspects of MySound, no warranty is provided regarding the information presented. Reliance on the information provided by MySound is at your own risk. JayBird is not liable for any incorrect, ineffective, or unreliable information provided to you through MySound or for the misuse of any information it provides.

 

PRIVACY AND SECURITY

Use of MySound is subject to the MySound Privacy Policy which is incorporated herein by this reference, as such Privacy Policy may be changed from time in JayBird’s sole discretion.

It is your responsibility to securely store your email, password, and login credentials for MySound. If another person gains access to your account, you may be held responsible for that person’s use of your account. As a result, you should notify us immediately if you learn that someone else has accessed your account without authorization. JayBird will have no liability or responsibility for any activities that take place using your email, password, and login credentials.

The use and distribution of tools designed for compromising security or collecting information (e.g., password guessing programs, cracking tools, “spiders,” or other network probing tools) in connection with MySound is strictly prohibited.

JayBird reserves the right to investigate any and all suspected violations of these Terms of Use and to take any and all necessary or appropriate actions to remedy such violations, including without limitation terminating your account, as JayBird may determine in its sole discretion.

 

THIRD PARTY SERVICES

MySound may link to, sync with, or otherwise interact with other services, websites, or applications that are not maintained by, or related to, JayBird. For example, you may sync your use of MySound with your Facebook account. JayBird is not responsible for the content or services offered by such third-party providers. You access third-party content or services at your own risk and subject to the terms of use and privacy policies, if any, promulgated by the providers of the third-party content or services. JayBird does not endorse any third-party content or service providers by allowing MySound to interface with those third-party providers.

 

INTELLECTUAL PROPERTY

You acknowledge that the patents, trademarks, copyrights, and other intellectual property associated with MySound, together with MySound themselves, are the exclusive property of JayBird and/or its subsidiaries, affiliates, and/or licensors. You agree not to infringe, misappropriate, or otherwise violate any intellectual property owned by JayBird.

In particular, but without limitation, you may not use any product names, trade names, slogans, logos, and other trademarks and services marks associated with MySound without the prior written authorization of JayBird, except for the sole purpose of properly identifying products or services originating from JayBird.

 

DATA OWNERSHIP

JayBird owns all information collected through MySound. As outlined in the Privacy Policy, however, if you choose to cancel your account, you may also request that we delete all your personally identifiable information by advising JayBird support in writing at the mailing address listed below. However, JayBird will not have the obligation to delete, nor may you request that JayBird delete, any anonymous or anonymized, non-personally identifiable information, and/or aggregated data, that JayBird may have received and/or otherwise obtained from you.

 

COMMUNICATION WITH JAYBIRD

JayBird may contact you via email at all times. You agree to provide accurate information to the best of your knowledge in all written or verbal communications with JayBird.

 

CONTACT JAYBIRD

By Mail:
JayBird
2700 Rasmussen Rd
Park City, UT 84098 USA

By Phone:
1.866.244.3399

By Email:
jaybird support

 

DISCLAIMERS

YOU USE MYSOUND COMPLETELY AT YOUR OWN RISK, AND MYSOUND IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR OTHERWISE. JAYBIRD HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. JAYBIRD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OR CONTENTS OF MYSOUND WILL BE UNTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATIONS, SERVERS, AND OTHER HARDWARE USED IN PROVIDING MYSOUND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAYBIRD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF MYSOUND IN TERMS OF ACCURACY, RELIABILITY, EFFICACY, OR OTHERWISE. MYSOUND MAY CONTAIN INACCURACIES OR ERRORS, AND JAYBIRD MAY MAKE IMPROVEMENTS AND/OR OTHER CHANGES TO MYSOUND AT ANY TIME. YOU, AND NOT JAYBIRD, ASSUME THE ENTIRE LIABILITY AND COST OF ALL REPAIRS, CORRECTIONS, THERAPIES, TREATMENTS, AND SERVICES (HEALTHCARE AND OTHERWISE) NECESSITATED BY ANY LOSS, DAMAGE, INJURY, OR DEATH ARISING FROM OR RELATING TO THE USE OF MYSOUND. JAYBIRD DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF MYSOUND WILL NOT INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE THE RIGHTS OF OTHERS, AND JAYBIRD ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN MYSOUND.

Actual results may differ materially from any forward-looking statements provided by MySound. Any forward-looking statements may involve risks and uncertainties, whether medical, economic, regulatory, or otherwise, and they are made by JayBird based on assumptions and estimates that JayBird believes are reasonable but that are inherently uncertain and unpredictable.

 

LIMITATIONS ON LIABILITY

JAYBIRD, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF JAYBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF JAYBIRD AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS TO ANY PERSON OR PARTY (REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US $500 OR THE AMOUNT THAT YOU HAVE ACTUALLY PAID TO JAYBIRD FOR THE APPLICABLE CONTENTS, SERVICES, OR DEVICES OUT OF WHICH LIABILITY AROSE.

By using MySound and accepting these Terms of Use, you hereby irrevocably and unconditionally waive and agree to release and hold harmless JayBird, its subsidiaries, affiliates, licensors, service providers, content providers, employees, officers, directors, and agents from any and all claims, causes of action, damages, judgments, liabilities, and expenses (including but not limited to costs and attorneys’ fees), regardless of the number and nature of the claims (whether arising in contract, tort, or otherwise), arising from or otherwise relating to any act or omission of JayBird, its subsidiaries, affiliates, licensors, service providers, content providers, employees, officers, directors, or agents or by any law enforcement authorities during or as a result of any investigations with respect to the use of MySound.

 

INDEMNITY

You agree to defend, indemnify, and hold JayBird, its subsidiaries, affiliates, licensors, content providers, service providers, employees, officers, directors, agents, and contractors (collectively the “Indemnified Parties”) harmless from and against any and all claims, actions, causes of action (regardless of form and number), losses, damages, awards, judgments, fines, costs, expenses, and attorneys’ fees, including but not limited to those of the Indemnified Parties (“Claims”) arising from or otherwise relating to your violation of these Terms of Use. You also agree to indemnify, defend, and hold the Indemnified Parties harmless from and against any and all Claims arising out of or otherwise relating to your use of any information or other services provided through MySound and/or any information that you provide, that you cause to be provided, or that is provided on your behalf, to JayBird.

 

MISCELLANEOUS

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without reference to any of the choice of law provisions thereof. You specifically consent to personal jurisdiction in the State of Utah in connection with any disputes between you and JayBird arising out of these Terms of Use or otherwise relating to the subject matter of these Terms of Use. The parties to these Terms of Use each agree that the exclusive jurisdiction and venue for any dispute arising out of these Terms of Use or relating to the subject matter hereof will be in the state and federal courts in Salt Lake City, Utah. If any action or proceeding is brought to enforce any provision of or declare a breach of these Terms of Use, the prevailing Party shall be entitled to recover, in addition to any other amounts awarded, its costs and reasonable attorneys’ fees, including but not limited to those incurred in any and all appeals or other higher court reviews.

Except as otherwise provided for herein, no remedy conferred by any of the specific provisions of the Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder, now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies by JayBird shall not constitute a waiver of the right to pursue other available remedies.

Any failure or delay by JayBird to exercise or partially exercise any right, power or privilege hereunder shall not be deemed a waiver of any of the rights, powers or privileges under these Terms of Use. The waiver by JayBird of a breach of any term, condition or provision of these Terms of Use shall not operate as, or be construed as, a waiver of any subsequent breach.

If any provision of these Terms of Use is determined by a court of competent jurisdiction to be void, invalid, unenforceable, or illegal, that provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its violability, invalidity, unenforceability or illegality. The other provisions of this Agreement will be unaffected. These Terms of Use, as amended from time to time by JayBird in its sole discretion, constitute the entire agreement of the parties relating to the subject matter hereof.

These Terms of Use were last updated: 18th February, 2016

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