1. Introduction

These terms of service, as amended from time to time, are a legal agreement between Aether Media, Inc., its affiliates and any of their respective successors or assigns (collectively, “Aether,” “our,” “we” or “us”) and you regarding your use of Aether’s website(s) and web applications (including without limitation, the Wonder Studio platform, which is a web-based AI tool that enables video material manipulation and production of VFX and CG elements) created or controlled by Aether (collectively, the “Services”).  The Services are offered to you by Aether and its development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, hosting, operation, distribution, marketing, publication or exploitation of the Services.  Your access to and the use of the Services is subject to your acceptance of the terms, conditions, policies and notices contained herein (the “Agreement” or “Terms of Service”).

Your access to and use of the Services constitutes your acceptance, without modification, of this Agreement and also our Privacy Policy.  In addition, we require your express acceptance to this Agreement and the Privacy Policy, the terms of which are incorporated herein by reference, when you register to access and use the Services.  If you do not agree to be bound by this Agreement or the Privacy Policy, then you are not permitted to register for access or use of the Services and are not to use or access the Services.

The Terms of Service apply whether you are a user that registers an account with the Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Services, you are entering into a legally binding agreement between you and Aether regarding your use of the Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Services.

We may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.

When opening an account with us on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Service and grant the licenses set forth herein; and (ii) agree to these Terms of Service on behalf of such Subscribing Organization.

You agree that the form and nature of the Services may change without prior notice to you and that future versions of the Services may be incompatible with content and media created on previous versions of the Services. You further agree that Aether may stop (permanently or temporarily) providing all or any portion of the Services (or any features thereof) to you or to users generally at Aether’s sole discretion, without prior notice to you.

You agree that Aether is not obligated to provide any maintenance, technical or other support (“Support”) for the Services. Further, if you require additional Support, please contact us at [email protected]

2. Use of Aether Minors and Blocked Persons

The Services are not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

The Services are also not available to any users previously removed from the Services by Aether or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF SERVICE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICES.

3. Privacy

Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Services.

4. Account; Subscriptions

Certain content and Services that we may offer or that you may wish to access may require that you first register with us and create an account (“User Account”). To establish a User Account, you may be required to provide Aether with certain personal information, including without limitation, your first and last name, e-mail address, as well as payment processing account information. You agree that you will supply accurate information, and that you will update that information promptly if it changes. Aether reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information. Multiple accounts may not be created sharing the same name, email, credit card or payment processing account(s). By registering for a User Account, you agree that we may display your username and profile picture, if any. If you wish to cancel your User Account, you may do so by selecting the cancel option under your account settings within the website or web application or by contacting us. You are solely responsible for backing up and/or migrating any data prior to cancellation. If you cancel your User Account, you will not be able to access or reactivate the User Account.

You are solely responsible for maintaining the confidentiality of your User Account, your password and for restricting access to your computer. If you permit others to use your User Account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your User Account or password, and you are responsible for all activities that occur under your User Account or password. If you become aware of any unauthorized use of your data or User Account for the Services, you agree to notify us immediately at [email protected]

Unless expressly permitted in writing by Aether, you may not sell, rent, lease, share, distribute or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account, allowing a third party to use your account and the Services, and making your account available to third parties on a software-as-a-service, hosted services, time-sharing, service bureau or similar basis. Aether reserves all available legal rights and remedies to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF AETHER.

You acknowledge that you may have access to the Services free of charge under the “free tier” but that to view certain portions of our Services and to gain access to certain aspects and features of the Services, you must purchase one of our Services plans (each a “Plan”), as updated from time to time in Aether’s sole discretion.  You may terminate your Plan at any time. You can terminate your Plan by going into the Settings tab on your User Account, clicking the Cancel Subscription button and filling out the termination survey. We will then reach out and cancel your chosen subscription level and/or terminate your User Account. Your User Account will still maintain Plan access until your Plan’s billing cycle has completed. Once completed, you User Account will be downgraded. All Plan fees are nonrefundable. Aether reserves the right to terminate or suspend access to the Services or any related license, subscription, product, or service if you fail to pay any amounts when due.

5. Beta and Pre-Release Software

This section applies to you if you are a participant or otherwise have obtained access to the Services in connection with Aether’s beta program, which makes Aether’s alpha, beta, seed, and other pre-release software, services, documentation, materials, and information (“Pre-Release Software”), including in connection with the Services, available to you for the purpose of providing Aether with feedback on the quality and usability of the Pre-Release Software and the Services. You understand and agree that participation is voluntary and does not create a legal partnership, agency, or employment relationship between you and Aether. You understand that your participation in the beta program does not obligate Aether to provide you with any Pre-Release Software. You understand and acknowledge that the Pre-Release Software is not at the level of performance and compatibility of the final, generally available product offering.  Aether reserves the right to modify the terms, conditions, and policies of any beta program from time to time, and to revoke your participation at any time. Your participation in the beta program is subject to the entirety of these Terms of Services.

Any licenses and/or rights grant to you hereunder shall automatically terminate upon the earlier of the termination of the beta program and your revocation from participation in the beta program.

From time to time you may be provided with the opportunity to submit bug reports, questionnaires, issue reports, support information, enhancement requests, and other similar reports to Aether. All such reports are considered feedback and subject to the provisions of Section 11.

You may be given access to Confidential Information of Aether, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms of Service. You may not disclose, publish, or otherwise disseminate any Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that Aether or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including without limitation software (object and source code), graphics, mechanics, concepts, documentation, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Aether and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible. You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact Aether and provide details of the vulnerability or breach.

6. License and Ownership

  1. The Services are owned and operated by Aether. Unless otherwise indicated, all content, information, and other materials on the Services (excluding User Content and Processed Content, set out in Section 7 below), including, without limitation, Aether’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Aether or its subsidiaries or affiliated companies and/or third-party licensors and all legal right, title and interest in and to the Materials and the Services, including any and all Intellectual Property Rights thereto, are vested in Aether. Unless otherwise expressly stated in writing by Aether, by agreeing to these Terms of Service you are granted a limited, worldwide, non-assignable, non-exclusive, and non-sublicensable license (i.e., a personal and limited right) to access and use the Services solely to create, generate, and edit media content that interacts with the Service for your personal use or internal business use only.  “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights.
  2. Aether reserves all rights not expressly granted in these Terms of Service and you may not use the Services or any portion thereof for any purpose not expressly permitted by the Agreement.
  3. You and your licensors own all title, ownership rights, and Intellectual Property Rights in the User Content and Processed Content you upload to the Services, subject to the terms of Section 7 below.

7. User Content and Processed Content

The Services allow you to publicly upload and distribute content and media; to use services, such as community pages, chat, messaging, discussion and bulletin boards, forum postings, marketplaces or other similar functionalities; and to participate in other activities in which you may create, post, share, transmit, perform, or store content, messages, text, images, video or other data or materials on the Services publicly (“User Content”), including without limitation processed results, video renders, content, media, and other intellectual property. The Services also allow you to submit and upload, among other things, raw input, video, photography, audio-visual assets, sound, music, content, media, and other intellectual property for the purpose of video material manipulation and production of VFX and CG elements and other processed results (collectively, “Processed Content”)

To the extent permitted by applicable law, Aether takes no responsibility and assumes no liability for any User Content or Processed Content or for any loss or damage resulting therefrom, nor is Aether liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

Aether is not liable for any statements or representations included in User Content or Processed Content. Aether does not endorse any User Content, Processed Content, opinions, recommendations, or advice expressed therein, and Aether expressly disclaims any and all liability in connection with User Content and Processed Content. You expressly acknowledge that Aether does not pre-screen, endorse, or approve User Content or Processed Content. To the fullest extent permitted by applicable law, we reserve the right to remove, screen, or edit any User Content or Processed Content submitted, uploaded, posted or stored on the Services at any time and without notice, including where such User Content or Processed Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Services.

WE ALSO RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER CONTENT OR PROCESSED CONTENT AND OTHER RELATED INFORMATION FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of the Agreements; (c) to protect Aether’ legal rights and remedies; (d) if we, in our reasonable discretion, believe that someone’s health or safety may be threatened; or (e) to report a crime or other offensive behavior.

  1. License to AetherWhen you submit, post and/or upload Processed Content to the Services, you also grant Aether a worldwide, non-exclusive, royalty-free license to use, copy, access, process, reproduce, perform, display, modify, distribute and transmit the Processed Content solely in connection with providing the Services to you.Unless otherwise agreed to in a written agreement between you and Aether that was signed by an authorized representative of Aether, if you submit, upload, transmit, display, perform, post, or store User Content using the Services, you grant Aether and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Aether and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service. When you post User Content to the Service, you expressly authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Service.
  2. User Content and Processed Content Representations and WarrantiesYou are solely responsible for your User Content and Processed Content and the consequences of submitting, uploading, posting or publishing it. You represent and warrant that: (a) you are the creator or own or control all right in and to the User Content or Processed Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your User Content and Processed Content does not and will not: (I) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (II) be deceptive, fraudulent, discriminatory, obscene, pornographic, or otherwise objectionable, or (III) defame any other person; (c) your User Content and Processed Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (d) unless you have received prior written authorization, your User Content and Processed Content specifically does not contain any pre-release or confidential information of any third parties. Aether reserves all rights and remedies against any users who breach these representations and warranties.
  3. Content is Uploaded at Your Own RiskTo the furthest extent permitted by applicable law, you hereby agree that Aether shall not be liable for any unauthorized copying, use, or distribution of User Content or Processed Content by third parties and release and forever waive any claims you may have against Aether for any such unauthorized copying or usage of the User Content or Processed Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT AND PROCESSED CONTENT USED BY AETHER HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

8. Prohibited Conduct

YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Services.

You agree that you will comply with these Terms of Service and will not:

  1. create, upload, transmit, distribute, or store any content that is inaccurate, deceptive, discriminatory, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
  2. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the User Accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity;
  3. send junk mail or spam to users of the Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
  4. harvest or collect email addresses or other contact information of other users from the Services;
  5. defame, harass, abuse, threaten, or defraud users of the Services, or collect or attempt to collect, personal information about users or third parties without their consent;
  6. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Services or User Content or Processed Content, (b) features that prevent or restrict use or copying of any content accessible through the Services, (c) features that enforce limitations on the use of the Services or User Content or Processed Content, or (d) the copyright or other proprietary rights notices on the Services or User Content or Processed Content;
  7. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, trade secrets, or applications of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
  8. modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  9. interfere with or damage the operation of the Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  10. relay email from a third party’s mail servers without the permission of that third party;
  11. access any website, server, software application, or other computer resource owned, used, and/or licensed by Aether, including but not limited to the Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures we may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Aether, including but not limited to the Services;
  12. manipulate identifiers in order to disguise the origin of any User Content or Processed Content transmitted through the Services;
  13. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
  14. use or attempt to use another user’s User Account without authorization from that user;
  15. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
  16. use the Services for any illegal or malicious purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy; and
  17. use the Services to develop any technology or product that is competitive with Aether and its products, including the Services, or otherwise commercially exploit the Services or any part thereof.

9. Digital Millennium Copyright Act

We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:

  1. provide your physical or electronic signature;
  2. identify the copyrighted work that you believe is being infringed;
  3. identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website;
  4. provide us a way to contact you, such as your address, phone number or email address;
  5. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and
  6. provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.

Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:

Aether Media, Inc.
Attn: DMCA Agent
9200 Sunset Blvd. #600

Los Angeles, CA 90069
Email: [email protected]

10. Trademarks

The Aether logos, and any other product or service name, logo, or slogan used by Aether, and the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Aether, and may not be used in whole or in part in connection with any product or service that is not Aether’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aether, without our prior written permission.  Further, you agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.

All other trademarks referenced in the Services are the property of their respective owners. Reference on the Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

11. Idea Submission

If you send us creative suggestions, ideas, notes, drawings, concepts, feedback, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of Aether in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Aether the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, display, modify, adapt, publish, translate, distribute, create derivative works based on and otherwise exploit such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that Aether chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Aether relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.

12. Termination

To the fullest extent permitted by applicable law, Aether reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to post User Content or submit Processed Content) and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (i) your use of the Services violates these Terms of Service or applicable law; (ii) you fraudulently use or misuse the Services; or (iii) we are unable to continue providing the Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (a) the Services, (b) any term of these Terms of Service, (c) any policy or practice of Aether in operating the Services, or (d) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.

13. Disputes

  1. IndemnificationTo the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Aether, its affiliated companies, and each of our respective Third Party Providers, contractors, employees, officers, directors, agents,  third-party suppliers, licensors, and partners (individually and collectively, the “Indemnified Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Services, any User Content or Processed Content you post, store, or otherwise transmit in or through the Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Indemnified Parties of any third-party claim, and Aether reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Aether, and you agree to cooperate with Aether’s defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
  2. Disclaimers; No WarrantiesTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY WASHINGTON ABSTACT; (B) THE INDEMNIFIED PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) AETHER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) AETHER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) AETHER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AETHER OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
  3. Limitation of Liability and Damagesa. Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL AETHER OR THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM AETHER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES; AND (II) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AETHER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, AETHER SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.b. Basis of the BargainYOU ACKNOWLEDGE AND AGREE THAT AETHER HAS OFFERED THE SERVICES, USER CONTENT, PROCESSED CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AETHER, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AETHER. AETHER WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
  4. Applicable Law and VenuePLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AETHER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AETHER.To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service or the Privacy Policy (“Dispute”), you and Aether agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section below. Any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California USA, before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, Aether may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which Aether or its assigns may be entitled under these Terms of Service or applicable law, in the event of any actual or threatened breach of these Terms of Service by you or on your behalf, Aether would be irreparably damaged if these Terms of Service were not specially enforced and, as such, you agree that Aether shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of Aether’s products or services. To the full extent permitted by law: (I) no arbitration shall be joined with any other; (II) there is no right or authority for any claim related to these Terms of Service or Aether’s products or services to be arbitrated on a class action basis or to utilize class action procedures; and (III) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND AETHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Aether agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.
  5. ClaimsYOU AND AETHER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14. Miscellaneous

  1. WaiverIf we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
  2. SeverabilityIf any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
  3. NoticeIn accordance with provisions in this Agreement requiring Aether to give notice to you, we will do so by means of a general notice on our website or electronic mail to your email address on record in your User Account (if you have created a User Account), the choice of which being at our discretion. Any provisions in this Agreement requiring you to give notice to Aether can be done so by means of email to: [email protected] or by first class mail, postage prepaid, or overnight courier to:Aether Media, Inc.
    Attn: Customer Notice Processing
    9200 Sunset Blvd. #600    Los Angeles, CA 90069
  4. AssignmentThese Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Aether without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
  5. SurvivalUpon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 11, and 13-14.
  6. Entire AgreementThe Terms of Service is the entire agreement between you and Aether relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Aether as set forth herein.