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1/12/23, 12:52 AM Termly You have surpassed your 1 policy limit. Please upgrade to publish additional policies. Learn More Dashboard Consent Management Policies Privacy Policy Cookie Policy Terms and Conditions EULA Return Policy Disclaimer Shipping Policy Acceptable Use Policy Settings Privacy Policy Preview PRIVACY NOTICE Last updated January 12, 2023 This privacy notice for Bring The Noise ("Company," "we," "us," or "our"), describes how and why and/or share ("process") your information when you use our services ("Services"), such as when y Download and use our mobile application (Bring The Noise), or any other application of ours notice Engage with us in other related ways, including any sales, marketing, or events Questions or concerns? Reading this privacy notice will help you understand your privacy rights a agree with our policies and practices, please do not use our Services. If you still have any question us at __________. SUMMARY OF KEY POINTS This summary provides key points from our privacy notice, but you can find out more detail by clicking the link following each key point or by using our table of contents below to find t for. You can also click here to go directly to our table of contents. What personal information do we process? When you visit, use, or navigate our Services, we m information depending on how you interact with Bring The Noise and the Services, the choices you features you use. Click here to learn more. Do we process any sensitive personal information? We do not process sensitive personal infor Do we receive any information from third parties? We do not receive any information from third https://app.termly.io/dashboard/website/14193a12-30cd-4527-958c-56c98ba1a4c7/privacy-policy 1/13 w s s h a m 1/12/23, 12:52 AM Termly How do we process your information? We process your information to provide, improve, and ad communicate with you, for security and fraud prevention, and to comply with law. We may also proc other purposes with your consent. We process your information only when we have a valid legal re learn more. In what situations and with which parties do we share personal information? We may share i situations and with specific third parties. Click here to learn more. How do we keep your information safe? We have organizational and technical processes and pr your personal information. However, no electronic transmission over the internet or information stor guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, o parties will not be able to defeat our security and improperly collect, access, steal, or modify your in more. What are your rights? Depending on where you are located geographically, the applicable privacy certain rights regarding your personal information. Click here to learn more. How do you exercise your rights? The easiest way to exercise your rights is by filling out our dat available here, or by contacting us. We will consider and act upon any request in accordance with a laws. Want to learn more about what Bring The Noise does with any information we collect? Click here to TABLE OF CONTENTS 1. WHAT INFORMATION DO WE COLLECT? 2. HOW DO WE PROCESS YOUR INFORMATION? 3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR PERSONAL INFORMATION? 4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION? 5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES? 6. HOW LONG DO WE KEEP YOUR INFORMATION? 7. HOW DO WE KEEP YOUR INFORMATION SAFE? 8. DO WE COLLECT INFORMATION FROM MINORS? 9. WHAT ARE YOUR PRIVACY RIGHTS? 10. CONTROLS FOR DO-NOT-TRACK FEATURES 11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS? 12. DO WE MAKE UPDATES TO THIS NOTICE? 13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE? 14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU? 1. WHAT INFORMATION DO WE COLLECT? Personal information you disclose to us https://app.termly.io/dashboard/website/14193a12-30cd-4527-958c-56c98ba1a4c7/privacy-policy 2/13 m a n o a r f a 1/12/23, 12:52 AM Termly In Short: We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you register on the Services obtaining information about us or our products and Services, when you participate in activities on th when you contact us. Personal Information Provided by You. The personal information that we collect depends on the with us and the Services, the choices you make, and the products and features you use. The perso may include the following: names email addresses usernames passwords contact preferences billing addresses debit/credit card numbers Sensitive Information. We do not process sensitive information. Payment Data. We may collect data necessary to process your payment if you make purchases, s instrument number, and the security code associated with your payment instrument. All payment da You may find their privacy notice link(s) here: __________. Application Data. If you use our application(s), we also may collect the following information if you access or permission: Mobile Device Access. We may request access or permission to certain features from your m mobile device's camera, microphone, and other features. If you wish to change our access or in your device's settings. Push Notifications. We may request to send you push notifications regarding your account or application(s). If you wish to opt out from receiving these types of communications, you may t settings. This information is primarily needed to maintain the security and operation of our application(s), for internal analytics and reporting purposes. All personal information that you provide to us must be true, complete, and accurate, and you must such personal information. Information automatically collected https://app.termly.io/dashboard/website/14193a12-30cd-4527-958c-56c98ba1a4c7/privacy-policy 3/13 c n u t 1/12/23, 12:52 AM Termly In Short: Some information — such as your Internet Protocol (IP) address and/or browser and devi collected automatically when you visit our Services. We automatically collect certain information when you visit, use, or navigate the Services. This infor specific identity (like your name or contact information) but may include device and usage informati browser and device characteristics, operating system, language preferences, referring URLs, devic information about how and when you use our Services, and other technical information. This inform maintain the security and operation of our Services, and for our internal analytics and reporting pur The information we collect includes: Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and perform automatically collect when you access or use our Services and which we record in log files. interact with us, this log data may include your IP address, device information, browser type, about your activity in the Services (such as the date/time stamps associated with your usage, searches, and other actions you take such as which features you use), device event informat error reports (sometimes called "crash dumps"), and hardware settings). Device Data. We collect device data such as information about your computer, phone, tablet, access the Services. Depending on the device used, this device data may include informatio proxy server), device and application identification numbers, location, browser type, hardwar provider and/or mobile carrier, operating system, and system configuration information. Location Data. We collect location data such as information about your device's location, whi imprecise. How much information we collect depends on the type and settings of the device Services. For example, we may use GPS and other technologies to collect geolocation data t location (based on your IP address). You can opt out of allowing us to collect this information the information or by disabling your Location setting on your device. However, if you choose t able to use certain aspects of the Services. 2. HOW DO WE PROCESS YOUR INFORMATION? In Short: We process your information to provide, improve, and administer our Services, communic fraud prevention, and to comply with law. We may also process your information for other purposes We process your personal information for a variety of reasons, depending on how you intera including: To facilitate account creation and authentication and otherwise manage user accounts information so you can create and log in to your account, as well as keep your account in wo To deliver and facilitate delivery of services to the user. We may process your informatio requested service. To respond to user inquiries/offer support to users. We may process your information to solve any potential issues you might have with the requested service. To send administrative information to you. We may process your information to send you and services, changes to our terms and policies, and other similar information. https://app.termly.io/dashboard/website/14193a12-30cd-4527-958c-56c98ba1a4c7/privacy-policy 4/13 o e a p a D n e c y r n 1/12/23, 12:52 AM Termly To fulfill and manage your orders. We may process your information to fulfill and manage returns, and exchanges made through the Services. To enable user-to-user communications. We may process your information if you choose t that allow for communication with another user. To save or protect an individual's vital interest. We may process your information when n an individual’s vital interest, such as to prevent harm. 3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFO In Short: We only process your personal information when we believe it is necessary and we have legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide yo or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interest If you are located in the EU or UK, this section applies to you. The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid lega process your personal information. As such, we may rely on the following legal bases to process yo Consent. We may process your information if you have given us permission (i.e., consent) to information for a specific purpose. You can withdraw your consent at any time. Click here to l Performance of a Contract. We may process your personal information when we believe it i contractual obligations to you, including providing our Services or at your request prior to ent Legal Obligations. We may process your information where we believe it is necessary for c obligations, such as to cooperate with a law enforcement body or regulatory agency, exercis or disclose your information as evidence in litigation in which we are involved. Vital Interests. We may process your information where we believe it is necessary to protect vital interests of a third party, such as situations involving potential threats to the safety of an If you are located in Canada, this section applies to you. We may process your information if you have given us specific permission (i.e., express consent) to information for a specific purpose, or in situations where your permission can be inferred (i.e., impli withdraw your consent at any time. Click here to learn more. In some exceptional cases, we may be legally permitted under applicable law to process your infor including, for example: If collection is clearly in the interests of an individual and consent cannot be obtained in a tim For investigations and fraud detection and prevention For business transactions provided certain conditions are met https://app.termly.io/dashboard/website/14193a12-30cd-4527-958c-56c98ba1a4c7/privacy-policy 5/13 y e s e e o e y e m e 1/12/23, 12:52 AM Termly If it is contained in a witness statement and the collection is necessary to assess, process, or For identifying injured, ill, or deceased persons and communicating with next of kin If we have reasonable grounds to believe an individual has been, is, or may be victim of finan If it is reasonable to expect collection and use with consent would compromise the availabilit information and the collection is reasonable for purposes related to investigating a breach of contravention of the laws of Canada or a province If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court records If it was produced by an individual in the course of their employment, business, or profession consistent with the purposes for which the information was produced If the collection is solely for journalistic, artistic, or literary purposes If the information is publicly available and is specified by the regulations 4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFO In Short: We may share information in specific situations described in this section and/or with the f We may need to share your personal information in the following situations: Business Transfers. We may share or transfer your information in connection with, or durin merger, sale of company assets, financing, or acquisition of all or a portion of our business to Offer Wall. Our application(s) may display a third-party hosted "offer wall." Such an offer wall advertisers to offer virtual currency, gifts, or other items to users in return for the acceptance advertisement offer. Such an offer wall may appear in our application(s) and be displayed to such as your geographic area or demographic information. When you click on an offer wall, y external website belonging to other persons and will leave our application(s). A unique identif be shared with the offer wall provider in order to prevent fraud and properly credit your accou 5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES? In Short: We are not responsible for the safety of any information that you share with third parties t advertise on our Services, but are not affiliated with, our Services. The Services, including our offer wall, may link to third-party websites, online services, or mobile ap advertisements from third parties that are not affiliated with us and which may link to other websites Accordingly, we do not make any guarantee regarding any such third parties, and we will not be liab caused by the use of such third-party websites, services, or applications. The inclusion of a link tow service, or application does not imply an endorsement by us. We cannot guarantee the safety and any third parties. Any data collected by third parties is not covered by this privacy notice. We are no or privacy and security practices and policies of any third parties, including other websites, services https://app.termly.io/dashboard/website/14193a12-30cd-4527-958c-56c98ba1a4c7/privacy-policy 6/13 y a R o g a y h a p 1/12/23, 12:52 AM Termly linked to or from the Services. You should review the policies of such third parties and contact them questions. 6. HOW LONG DO WE KEEP YOUR INFORMATION? In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this p otherwise required by law. We will only keep your personal information for as long as it is necessary for the purposes set out in longer retention period is required or permitted by law (such as tax, accounting, or other legal requir notice will require us keeping your personal information for longer than the period of time in which u us. When we have no ongoing legitimate business need to process your personal information, we will e such information, or, if this is not possible (for example, because your personal information has bee then we will securely store your personal information and isolate it from any further processing until 7. HOW DO WE KEEP YOUR INFORMATION SAFE? In Short: We aim to protect your personal information through a system of organizational and techn We have implemented appropriate and reasonable technical and organizational security measures security of any personal information we process. However, despite our safeguards and efforts to se electronic transmission over the Internet or information storage technology can be guaranteed to be promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be ab improperly collect, access, steal, or modify your information. Although we will do our best to protect transmission of personal information to and from our Services is at your own risk. You should only a secure environment. 8. DO WE COLLECT INFORMATION FROM MINORS? In Short: We do not knowingly collect data from or market to children under 18 years of age. We do not knowingly solicit data from or market to children under 18 years of age. By using the Ser are at least 18 or that you are the parent or guardian of such a minor and consent to such minor de Services. If we learn that personal information from users less than 18 years of age has been collec account and take reasonable measures to promptly delete such data from our records. If you beco may have collected from children under age 18, please contact us at __________. 9. WHAT ARE YOUR PRIVACY RIGHTS? In Short: In some regions, such as the European Economic Area (EEA), United Kingdom (UK), and that allow you greater access to and control over your personal information. You may review, chang at any time. https://app.termly.io/dashboard/website/14193a12-30cd-4527-958c-56c98ba1a4c7/privacy-policy 7/13 d c v p m 1/12/23, 12:52 AM Termly In some regions (like the EEA, UK, and Canada), you have certain rights under applicable data prot include the right (i) to request access and obtain a copy of your personal information, (ii) to request to restrict the processing of your personal information; and (iv) if applicable, to data portability. In ce may also have the right to object to the processing of your personal information. You can make suc by using the contact details provided in the section "HOW CAN YOU CONTACT US ABOUT THIS We will consider and act upon any request in accordance with applicable data protection laws. If you are located in the EEA or UK and you believe we are unlawfully processing your personal inf right to complain to your local data protection supervisory authority. You can find their contact detail https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you are located in Switzerland, the contact details for the data protection authorities are available https://www.edoeb.admin.ch/edoeb/en/home.html. Withdrawing your consent: If we are relying on your consent to process your personal informatio and/or implied consent depending on the applicable law, you have the right to withdraw your conse withdraw your consent at any time by contacting us by using the contact details provided in the sect CONTACT US ABOUT THIS NOTICE?" below or updating your preferences. However, please note that this will not affect the lawfulness of the processing before its withdrawal allows, will it affect the processing of your personal information conducted in reliance on lawful proc consent. Account Information If you would at any time like to review or change the information in your account or terminate your a Log in to your account settings and update your user account. Upon your request to terminate your account, we will deactivate or delete your account and informa databases. However, we may retain some information in our files to prevent fraud, troubleshoot pro investigations, enforce our legal terms and/or comply with applicable legal requirements. 10. CONTROLS FOR DO-NOT-TRACK FEATURES Most web browsers and some mobile operating systems and mobile applications include a Do-Not- setting you can activate to signal your privacy preference not to have data about your online browsi collected. At this stage no uniform technology standard for recognizing and implementing DNT sign such, we do not currently respond to DNT browser signals or any other mechanism that automatica choice not to be tracked online. If a standard for online tracking is adopted that we must follow in th about that practice in a revised version of this privacy notice. 11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to https://app.termly.io/dashboard/website/14193a12-30cd-4527-958c-56c98ba1a4c7/privacy-policy 8/13 h N o s n n n b T n a e ? 1/12/23, 12:52 AM Termly California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users to request and obtain from us, once a year and free of charge, information about categories of pers disclosed to third parties for direct marketing purposes and the names and addresses of all third pa personal information in the immediately preceding calendar year. If you are a California resident an request, please submit your request in writing to us using the contact information provided below. If you are under 18 years of age, reside in California, and have a registered account with Services, removal of unwanted data that you publicly post on the Services. To request removal of such data, contact information provided below and include the email address associated with your account an in California. We will make sure the data is not publicly displayed on the Services, but please be aw completely or comprehensively removed from all our systems (e.g., backups, etc.). CCPA Privacy Notice The California Code of Regulations defines a "resident" as: (1) every individual who is in the State of California for other than a temporary or transitory purp (2) every individual who is domiciled in the State of California who is outside the State of Califor transitory purpose All other individuals are defined as "non-residents." If this definition of "resident" applies to you, we must adhere to certain rights and obligations regardi information. What categories of personal information do we collect? We have collected the following categories of personal information in the past twelve (12) months: Category Examples A. Identifiers Contact details, such as real name, alias, postal addres telephone or mobile contact number, unique personal id online identifier, Internet Protocol address, email addre account name B. Personal information categories listed in the California Customer Records statute Name, contact information, education, employment, em history, and financial information C. Protected classification characteristics under California or federal law Gender and date of birth D. Commercial information Transaction information, purchase history, financial deta payment information E. Biometric information Fingerprints and voiceprints https://app.termly.io/dashboard/website/14193a12-30cd-4527-958c-56c98ba1a4c7/privacy-policy 9/13 w o r d y p d o n s 1/12/23, 12:52 AM Termly F. Internet or other similar network activity Browsing history, search history, online behavior, intere and interactions with our and other websites, applicatio systems, and advertisements G. Geolocation data H. Audio, electronic, visual, thermal, olfactory, or similar information Device location Images and audio, video or call recordings created in c with our business activities I. Professional or employment-related information K. Inferences drawn from other personal information Business contact details in order to provide you our Ser a business level or job title, work history, and profession qualifications if you apply for a job with us J. Education Information Student records and directory information Inferences drawn from any of the collected personal inf listed above to create a profile or summary about, for e an individual’s preferences and characteristics L. Sensitive Personal Information We may also collect other personal information outside of these categories through instances wher person, online, or by phone or mail in the context of: Receiving help through our customer support channels; Participation in customer surveys or contests; and Facilitation in the delivery of our Services and to respond to your inquiries. How do we use and share your personal information? More information about our data collection and sharing practices can be found in this privacy notice You may contact us or by referring to the contact details at the bottom of this document. If you are using an authorized agent to exercise your right to opt out we may deny a request if the a submit proof that they have been validly authorized to act on your behalf. Will your information be shared with anyone else? We may disclose your personal information with our service providers pursuant to a written contract service provider. Each service provider is a for-profit entity that processes the information on our be strict privacy protection obligations mandated by the CCPA. https://app.termly.io/dashboard/website/14193a12-30cd-4527-958c-56c98ba1a4c7/privacy-policy 10/13 s n o o x e 1/12/23, 12:52 AM Termly We may use your personal information for our own business purposes, such as for undertaking inte technological development and demonstration. This is not considered to be "selling" of your person Bring The Noise has not disclosed, sold, or shared any personal information to third parties for a bu purpose in the preceding twelve (12) months. Bring The Noise will not sell or share personal inform to website visitors, users, and other consumers. Your rights with respect to your personal data Right to request deletion of the data — Request to delete You can ask for the deletion of your personal information. If you ask us to delete your personal infor request and delete your personal information, subject to certain exceptions provided by law, such a exercise by another consumer of his or her right to free speech, our compliance requirements result or any processing that may be required to protect against illegal activities. Right to be informed — Request to know Depending on the circumstances, you have a right to know: whether we collect and use your personal information; the categories of personal information that we collect; the purposes for which the collected personal information is used; whether we sell or share personal information to third parties; the categories of personal information that we sold, shared, or disclosed for a business purp the categories of third parties to whom the personal information was sold, shared, or disclose the business or commercial purpose for collecting, selling, or sharing personal information; a the specific pieces of personal information we collected about you. In accordance with applicable law, we are not obligated to provide or delete consumer information t response to a consumer request or to re-identify individual data to verify a consumer request. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights We will not discriminate against you if you exercise your privacy rights. Right to Limit Use and Disclosure of Sensitive Personal Information We do not process consumer's sensitive personal information. Verification process https://app.termly.io/dashboard/website/14193a12-30cd-4527-958c-56c98ba1a4c7/privacy-policy 11/13 a a s o n h 1/12/23, 12:52 AM Termly Upon receiving your request, we will need to verify your identity to determine you are the same per information in our system. These verification efforts require us to ask you to provide information so t information you have previously provided us. For instance, depending on the type of request you su provide certain information so that we can match the information you provide with the information w may contact you through a communication method (e.g., phone or email) that you have previously use other verification methods as the circumstances dictate. We will only use personal information provided in your request to verify your identity or authority to extent possible, we will avoid requesting additional information from you for the purposes of verifica verify your identity from the information already maintained by us, we may request that you provide purposes of verifying your identity and for security or fraud-prevention purposes. We will delete suc information as soon as we finish verifying you. Other privacy rights You may object to the processing of your personal information. You may request correction of your personal data if it is incorrect or no longer relevant, or as the information. You can designate an authorized agent to make a request under the CCPA on your behalf. W an authorized agent that does not submit proof that they have been validly authorized to act with the CCPA. You may request to opt out from future selling or sharing of your personal information to third opt-out request, we will act upon the request as soon as feasibly possible, but no later than fi of the request submission. To exercise these rights, you can contact us or by referring to the contact details at the bottom of thi complaint about how we handle your data, we would like to hear from you. 12. DO WE MAKE UPDATES TO THIS NOTICE? In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws. We may update this privacy notice from time to time. The updated version will be indicated by an u the updated version will be effective as soon as it is accessible. If we make material changes to this notify you either by prominently posting a notice of such changes or by directly sending you a notifi review this privacy notice frequently to be informed of how we are protecting your information. 13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE? If you have questions or comments about this notice, you may email us at __________ or by post t Bring The Noise __________ __________ https://app.termly.io/dashboard/website/14193a12-30cd-4527-958c-56c98ba1a4c7/privacy-policy 12/13 s p m t h k o f p c o 1/12/23, 12:52 AM Termly 14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE C YOU? Based on the applicable laws of your country, you may have the right to request access to the pers fPrormivayocuy, cPhoalnigceythatTineformrmsatOionf,UorsdeeleteDiti.sTcolareiqmuesrt to rCevoieowk,iuepPdaoteli,coyr deleRteoayodumr paeprsonal a request form by clicking here. This privacy policy was created using Termly's Privacy Policy Generator. https://app.termly.io/dashboard/website/14193a12-30cd-4527-958c-56c98ba1a4c7/privacy-policy 13/13 O o C

Terms of Use

Privacy Policy Privacy Policy 1. Your Relationship With Us Welcome to Bring The Noise (the “Platform”), which is provided by Bring The Noise Inc. or one of its affiliates (“Bring The Noise”, “we” or “us”). You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services. The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. 2. Accepting the Terms By accessing or using our Services, you confirm that you can form a binding contract with Bring The Noise, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy. If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined below, and in the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction-Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of these Terms, the relevant jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and control. If you do not agree to these Terms, you must not access or use our Services. If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors. You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards. You should print off or save a local copy of the Terms for your records. 3. Changes to the Terms We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services. 4. Your Account with Us To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: info@numediaradio.com You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. If you no longer want to use our Services again, and would like your account deleted, contact us at: info@numediaradio.com. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added. 5. Your Access to and Use of Our Services Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not: access or use the Services if you are not fully able and legally competent to agree to these Terms; make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof; market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation; use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion; use automated scripts to collect information from or otherwise interact with the Services; impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services; intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; use or attempt to use another’s account, service or system without authorisation from Bring The Noise, or create a false identity on the Services; use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews; use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trade mark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of Bring The Noise, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Bring The Noise, the Services or its users to any harm or liability of any type. In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Guidelines. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you with personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored. 6. Intellectual Property Rights We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights. 7. Content A. Bring The Noise Content As between you and Bring The Noise, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Bring The Noise Content”), are either owned or licensed by Bring The Noise, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the Bring The Noise Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (as defined and further explained in the “Virtual Items Policy”), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization). Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Bring The Noise Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Bring The Noise reserves all rights not expressly granted herein in the Services and the Bring The Noise Content. You acknowledge and agree that Bring The Noise may terminate this license at any time for any reason or no reason. NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE. You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services. We make no representations, warranties or guarantees, whether express or implied, that any Bring The Noise Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content). B. User-Generated Content Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the “Virtual Items Policy“) and other elements provided by Bring The Noise (“Bring The Noise Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Bring The Noise Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values. Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes Bring The Noise Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content. If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content. Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms in your User Content or have such music publisher enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label. Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services. Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy. We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content. You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform. We accept no liability in respect of any content submitted by users and published by us or by authorised third parties. If you find inappropriate content that violates our Community Guidelines or have any other issues you'd like to raise, you can send us a report. Bring The Noise takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Bring The Noise’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that: i. Bring The Noise has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; ii. Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and iii. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified. 8. Indemnity You agree to defend, indemnify, and hold harmless Bring The Noise, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms. 9. EXCLUSION OF WARRANTIES NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER. THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT: YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE 10. LIMITATION OF LIABILITY NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO Bring The Noise WITHIN THE LAST 12 MONTHS. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 11. Other Terms a. Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction Specific, these Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English. b. Open Source. The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms, which can be found at Open Source Policy. c. Entire Agreement. These Terms (including the Supplemental Terms below) constitute the whole legal agreement between you and Bring The Noise and govern your use of the Services and completely replace any prior agreements between you and Bring The Noise in relation to the Services. d. Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice. e. Age Limit. The Services are only for people 13 years old and over (with additional limits that may be set forth in the Supplemental Terms – Jurisdiction-Specific). By using the Services, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate that user’s account. f. No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. g. Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software. h. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable. i. Questions? Contact us at: info@numediaradio.com. Supplemental Terms – App Stores To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices: Notice regarding Apple. These Terms between Bring The Noise and you; Apple is not a party to these Terms. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof. Bring The Noise expressly authorises use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple. Windows Phone Store. By downloading the Platform from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that: You may install and use one copy of the Platform on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees. You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform. Amazon Appstore. By downloading the Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that: to the extent of any conflict between (a) the Amazon Appstore Terms of Use or such other terms which Amazon designates as default end user license terms for the Amazon Appstore (“Amazon Appstore EULA Terms”), and (b) the other terms and conditions in these Terms, the Amazon Appstore EULA Terms shall apply with respect to your use of the Platform that you download from the Amazon Appstore, and Amazon does not have any responsibility or liability related to compliance or non-compliance by Bring The Noise or you (or any other user) under these Terms or the Amazon Appstore EULA Terms. Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Bring The Noise or you (or any other user) under these Terms or the Google Play Terms. Supplemental Terms – Jurisdiction-Specific Brazil. If you are using our Services in Brazil, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail. Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by Brazilian law. You and we both agree that the courts of Brazil will have exclusive jurisdiction. Parental and Guardian Consent. If you are over the age of 16 but under the age of 18, you declare that you had the consent of your parent or legal guardian to use the Services or to register an account on the Services. India. If you are using our Services in India, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail. Accepting the Terms. By agreeing to these Terms and by accessing or using our Services, you acknowledge that you have read and understood these Terms and provide your consent to be bound by these Terms and our Privacy Policy and Community Guidelines. Your access to and use of our Services. You may not use the Services to upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content) any User Content that: is obscene, pornographic, paedophilic; is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever; harms minors in any way; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. User–Generated Content. You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including any right under the provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The above waiver is granted by you in favour of Bring The Noise and all of its group companies, affiliates and successors in title and interest, whether existing or in future. Indemnity. In the event you are required to indemnify us pursuant to these Terms or any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us. Indonesia. If you are using our Services in Indonesia, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail. Accepting the Terms. By participating in the Services, you represent that you are at least 21 years of age or married or not under guardianship. If you are below 21 years old and you are not married, your account must be opened under the name of your parent(s) or guardian(s). Further, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s) unless you indicate otherwise. By consenting, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) all your actions in connection with your access to the Services; (ii) any fees or charges associated with your use of any of the Services (as applicable); (iii) your compliance with this Terms; and (iv) ensuring that any of your participation in Services will not, in any event, result in any violation of applicable laws and regulations relating to child protections. If you do not have consent from your parent(s) or legal guardian(s) and your parent(s) or guardian(s) is not willing to open the account under their name, you must cease accessing the Services.” Limitation of Liabilities. No limitation of liabilities set out in Section 10 (Limitation of Liability) above shall not be applicable to the extent any loss or damage is incurred by you as a result of our willful misconduct or negligence. Age Limit. The Services are only for people 14 years old and over in Indonesia. Language. These Terms has been prepared in the English language and Indonesian language. In the event of any inconsistency or different interpretation between the English text and Indonesian text, the English text shall prevail and the relevant Indonesian text shall be deemed to be automatically amended to conform with and to make the relevant Indonesian text consistent with the relevant English text. Each party acknowledges that it has read these Terms and understands its content and that these Terms have been entered into freely and without duress. You acknowledge that you fully understand the language and the content of these Terms, and you agree that you will not use the provisions under Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, State Emblem and National Anthem or any of its implementing regulations to invalidate these Terms. United Arab Emirates. If you are using our Services in the United Arab Emirates (“UAE”), the following additional terms shall apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail. Accepting the Terms: By agreeing to these Terms and accessing or using our Services, you acknowledge that you have read and understood these Terms, the additional terms herein and provide your consent to be bound by these Terms, the Privacy Policy, the Community Guidelines and all other policies or agreements referred to herein. Mexico. If you are using our Services in Mexico, the following additional terms shall apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed, discussed and agreed to these Terms, with you.