Last Modified: June 26, 2018

**1. Acceptance of the Terms of Use.**These terms of use are entered into by and between you (“you”) and Earbuds Inc.(“Earbuds”, “we”, or “us”).The following terms and conditions (these “Terms of Use”), govern your access to and use ofEarbudsMusic.com, including any content, functionality, and services offered on or throughEarbudsMusic.com (the “Site”). These Terms of Use do not govern your use of the Earbuds mobile application(“Application”). The Application is governed by the Earbuds Mobile Application Terms of Service.

Please read the Terms of Use carefully before you start to use the Site. By using the Site or by clicking toaccept or agree to the Terms of Use when this option is made available to you, you accept and agreeto be bound and abide by these Terms of Use and the Earbuds Privacy Policy (“Privacy Policy”),incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy,you must not access or use the Site.

This Site is offered and available to users who are 13 years of age or older and reside in the United States orany of its territories or possessions. By using this Site, you represent and warrant that you are of legal age toform a binding contract with Earbuds and meet all of the foregoing eligibility requirements. If you do notmeet all of these requirements, you must not access or use the Site.

**2. Changes to the Terms of Use.**We may revise and update these Terms of Use from time to time in our sole discretion. All changes areeffective immediately when we post them, and apply to all access to and use of the Site thereafter. However,any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply toany disputes for which the parties have actual notice on or before the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agreeto the changes. You are expected to check this page from time to time so you are aware of any changes, asthey are binding on you.

**3. Accessing the Site.**We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, inour sole discretion without notice. We will not be liable if for any reason all or any part of the Site isunavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site,or the entire Site.

You are responsible for making all arrangements necessary for you to have access to the Site and ensuringthat all persons who access the Site through your internet connection are aware of these Terms of Use andcomply with them.

**4. Intellectual Property Rights.**The Site and its entire contents, features, and functionality (including but not limited to all information,software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) areowned by Earbuds, its licensors, or other providers of such material and are protected by United States andinternational copyright, trademark, patent, trade secret, and other intellectual property or proprietary rightslaws. You must not use Earbuds intellectual property without the prior written permission of Earbuds.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must notreproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish,download, store, or transmit any of the material on our Site. You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials is site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any partof the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at ouroption, return or destroy any copies of the materials you have made. No right, title, or interest in or to theSite or any content on the Site is transferred to you, and all rights not expressly granted are reserved byEarbuds. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Useand may violate copyright, trademark, and other laws.

**5. Prohibited Uses.**You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not touse the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate Earbuds, a Earbuds employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).