This End User License EULA and Terms of Service (this "EULA") is a binding contract between you, an individual user ("you";) and TuneIn, Inc. ("TuneIn"), governing your use of the Service (defined in Section 2(a) below). BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICE. TO HAVE A COPY OF THIS EULA AND THE TUNEIN PRIVACY POLICY SENT TO YOU, CONTACT TUNEIN AT Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following: the Service is licensed, not sold to you, and that you may use the Service only as set forth in this EULA; the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator's terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility; you consent to the collection, use, and disclosure of your personally identifiable information in accordance with TuneIn's Privacy Policy located at ("Privacy Policy"); the Service is provided "as is" without warranties of any kind and TuneIn's liability to you is limited; disputes arising hereunder will be resolved by binding arbitration. By accepting this EULA, as provided in greater detail in Section 20 of this EULA, you and TuneIn are each waiving the right to a trial by jury or to participate in a class action; and if you are using the Service on an iOS-based device, then you agree to and acknowledge the "Notice Regarding Apple," below.