The terms, written to be read

Welcome to Rooms. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE OR SERVICES.

MyMaestro AI Inc., a Delaware corporation (“Rooms,” “us,” or “we”), owns and operates the Rooms platform, including the website, applications, and services described below.

By accessing, using, downloading, or viewing the website at https://access.fm or any related URLs we operate, our mobile or desktop applications, or any of our services or Content (defined below) (collectively, the “Site”), you consent and agree to these terms and conditions (“Terms of Use”).

The Terms of Use and our Privacy Policy (collectively, the “Terms”) govern your use of the Site, your account, purchases you make through the Site, and any other services or products we make available through the Site (collectively, the “Services”) — excluding any use of Rooms under an Operator Agreement as described in Section 2.

These Terms constitute a legally binding agreement made by and between Rooms and the user of the Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).

BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN TERMS OF SALE, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.

If you do not agree to these Terms and to follow all applicable laws, please cease access or use of the Site and Services immediately.

If you have questions about these Terms, contact us at help@access.fm.

If you access the Site through a social media network, you also consent to and agree to abide by the terms and conditions of that network.

Rooms gives each participating artist a room: a place operated by that artist or their team where fans can join, follow the artist’s activity, and purchase music, merchandise, tickets, and other items the artist chooses to offer. Fans hold access to the rooms they join. What any given room contains — releases, videos, credits, lyrics, session material, votes, events, merchandise — is decided by the artist or the label or manager operating that room, not by us, and varies by room and over time. Fans can leave notes on a release or a track, which other fans in that room can see.

These Terms govern visitors to the Site and fans who create accounts, join rooms, and make purchases.

Artists, labels, managers, and their teams who open and operate rooms (“Operators”) do so under a separate written agreement with us (an “Operator Agreement”). If you are an Operator, the Operator Agreement — not these Terms — governs your operation of a room, including revenue shares, subscriptions, data access, and content licensing. To the extent of any conflict between these Terms and an Operator Agreement, the Operator Agreement controls for that Operator’s use.

You must be at least 16 years old to create an account, join a room, or make a purchase through the Services.

If you are 16 or 17, or otherwise under the age of majority where you live, you may use the Services only with the involvement of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for any purchase made through your account.

By using the Site on behalf of any third party, you represent that you are an authorized representative of that third party and that your use constitutes that third party’s acceptance of these Terms.

If you have previously been prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.

Children’s Privacy

The Services are not directed to children under 16, and you may not create an account or make a purchase if you are under 16. We do not knowingly collect personal information from anyone under 16. If we learn that we have, we will delete the information and close the account.

If you believe a child under 16 has provided us with personal information, contact us at help@access.fm so that we can take appropriate action.

Creating an account is required to join rooms and make purchases. You agree to provide accurate and current information when you register and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at help@access.fm of any unauthorized use.

One account per person. Accounts are personal and may not be sold, transferred, or shared. Purchases, fan numbers, entry positions, and room access attach to your account and cannot be moved to another account except as we may expressly permit.

Joining. You may join a room that is open, join a room before it opens, or join the list of fans asking for a room an artist has not yet opened. Joining a list of fans asking for a room does not obligate the artist, any Operator, or us to open that room, and no number of requests triggers any obligation.

Fan numbers and entry groups. When you join a room, you may be assigned a fan number reflecting your join order for that room, and an entry group that determines when you are admitted. Entry positions may change based on referrals until that room’s entry cutoff, as described in the Services. Fan numbers, entry groups, referral positions, and similar features: (a) are features of the Services and not property; (b) have no monetary value and cannot be sold, exchanged, or transferred; (c) apply per room; and (d) may be modified, recalculated, or discontinued by us, provided that we will not retroactively change a fan number assigned to your account for a room except to correct error or abuse.

Referral integrity. We may adjust or void entry positions, referral credit, or accounts obtained or advanced through manipulation, including automated signups, fabricated or duplicate accounts, purchased referrals, or other conduct designed to game entry mechanics.

Artist participation. Whether a room opens, when it opens, what it contains, and what is offered in it are decisions of the artist or Operator. We do not guarantee that any artist will open or maintain a room, offer any particular item, run any particular event or vote, or respond to any note or request.

These provisions apply to all purchases made through the Services.

6.1Seller of record; our role

Items offered in a room are sold by the artist or Operator of that room unless otherwise identified at checkout. Rooms provides the platform and facilitates payment processing through third-party payment processors. The seller of record for each purchase is identified at or before checkout.

6.2Orders and payment

Your order is an offer to purchase, accepted when we (or the seller) confirm it. We and the seller reserve the right to refuse or cancel any order, including for suspected fraud, error, or unavailability; if payment has been taken for a cancelled order, it will be refunded. You authorize the applicable payment processor to charge your selected payment method for the total shown at checkout, including any applicable taxes, shipping, and fees. Payment processing is provided by third parties and subject to their terms.

6.3Pricing; pay-what-you-want; taxes

Prices are set by the artist or Operator. Some items carry a minimum price and allow you to choose to pay more; the amount you select at checkout is the amount you agree to pay, and amounts paid above a minimum are part of the purchase price, not donations. Prices may change at any time, but changes do not affect completed purchases. Displayed prices may exclude taxes, which are calculated at checkout where required. In the event of an obvious pricing error, we or the seller may cancel the affected order and refund any amount paid.

6.4Digital purchases — what you get

When you purchase a record or other digital release in a room, you are purchasing a license, not ownership of the underlying recordings, compositions, artwork, or other materials.

Subject to these Terms, your purchase grants you a personal, non-commercial, non-transferable, non-sublicensable license to:

• 1.Stream the release inside the room. Playback within the Services, with no expiry date and no subscription.
• 2.Keep an offline copy in the app. An encrypted cache on your authorized devices, tied to your own fan account, for listening without a connection.
• 3.Download the files. Where the artist or Operator has enabled downloads, a copy of the audio files you keep on your own devices, independent of the Services.

If an artist stops selling a release, you keep it. An artist or Operator can withdraw a release from sale in their room at any time and for any reason. That withdrawal applies to future sales only. It does not remove the release from the rooms of people who already purchased it, and it does not end your access.

Availability is not guaranteed in every circumstance. Rights in recordings and compositions are held by artists, labels, publishers, and other rights holders, and those rights can be disputed, withdrawn, or found to have been defective. If we receive a valid claim of infringement, if we lose the rights we rely on to make a release available, or if we are otherwise required by law, we may have to remove a release or an individual track from the Services and may have to end access for people who already purchased it.

If a removal becomes permanent, you get your money back. Where a release you purchased is permanently removed from the Services for the reasons above, we will refund the amount you paid for it. Where the removal affects only part of a release — one track on an album, for example — the remainder stays in your room and no refund is issued. We may suspend access while a claim is being resolved before deciding whether the removal is permanent.

If we wind down the Services. If we stop taking new fans and new sales but continue operating, rooms stay open and your purchases remain accessible. If we discontinue the Services entirely, we will give reasonable advance notice where practicable and make purchased releases available for download during that period, to the extent we hold the rights to do so. We cannot promise access beyond the life of the Services.

Because of all of the above, download what you buy. Where a download is available, take it at the time of purchase. A downloaded file sits on your own devices and does not depend on us.

How the two copies differ. The in-app offline copy is encrypted and tied to your own fan account, and it works only inside the Services. A downloaded file is an ordinary audio file that plays anywhere. Downloaded files carry embedded metadata and may carry a digital watermark identifying the account that downloaded them, so that unauthorized copies can be traced.

Downloads and cached copies are for personal, non-commercial use only. You may not redistribute, upload, share, or make them available to any third party; you may not remove or alter metadata, copyright notices, or watermarks; and you may not circumvent, disable, or interfere with the encryption or other technical protections applied to cached content.

6.5Merchandise and physical goods

Physical items are sold and fulfilled by the artist or Operator, or their fulfillment partners. Estimated shipping times are estimates. Risk of loss passes on delivery to the carrier unless applicable law provides otherwise.

Return, exchange, and refund terms for physical goods are set by the seller and stated at the point of sale. Sellers are responsible for complying with the consumer protection laws applicable to their sales, including UK and EU consumer rights law where they sell to those customers, which requires a 14-day return period for physical goods sold to UK and EU consumers.

Inquiries about a merchandise order may be directed to us and we will work with the seller to resolve them, but the seller is responsible for fulfillment and for its own refund policy.

6.6Tickets and events

Tickets sold through a room admit you to an event operated by the artist, a venue, a promoter, or another organizer — not by us, unless expressly stated. Admission is subject to the organizer’s and venue’s terms, rules, and age restrictions.

Total price is shown up front. The price displayed for a ticket includes all mandatory fees, in accordance with applicable law.

Events may be rescheduled, modified, or cancelled by the organizer. The organizer is responsible for its refund policy and for issuing refunds; if an event is cancelled and not rescheduled, the organizer is required to provide a full refund or credit. If an organizer cancels an event and fails to issue applicable refunds, you may raise it with us and we will use commercially reasonable efforts to help resolve it, though we cannot guarantee an outcome.

Tickets may not be resold or transferred except through features we expressly provide for that purpose.

6.7Presales, early access, votes, and similar features

Some features give you access to items before general availability, or invite input on choices an artist has put to their fans. Presale or early access is access to purchase, not a guarantee of inventory. Votes and similar inputs are advisory to the artist; they do not create any obligation on the artist, any Operator, or us, and no outcome is promised.

6.8Refunds

Except as stated in these Terms — including the permanent-removal refund in Section 6.4 — required at the point of sale, or required by applicable law, all sales are final. Nothing in this section limits any non-waivable right you have under applicable consumer law.

Where you have a statutory right to withdraw from or cancel a purchase of digital content, that right applies notwithstanding this section. That right will be waived only where, before purchase, you expressly request immediate access and acknowledge that doing so causes you to lose the statutory withdrawal right, to the extent permitted by applicable law.

6.9Chargebacks

If you have a problem with a purchase, contact us before disputing the charge with your bank or card issuer, so that we can try to resolve it. If a chargeback is determined to be fraudulent, abusive, or otherwise unjustified, we may suspend or terminate the associated account and recover the reversed amounts and any related fees.

6.10Sales reporting

We may report sales data — including release metadata, sales volume, pricing, and purchaser data — to industry data providers such as Luminate for the purpose of sales and chart reporting, and such reporting may be irrevocable once submitted. How that data is handled is described in our Privacy Policy.

7.1Rooms materials

The Site itself — including its software, design, text we author, graphics, interfaces, and the selection and arrangement of its elements (collectively, together with Artist Content and Third-Party Content as defined below, the “Content”) — is copyrighted work under United States and other copyright laws and is the property of or licensed by us. All trademarks, service marks, and trade names on the Site (“Marks”) are trademarks or registered trademarks of, and proprietary to, Rooms or other owners who have granted us the right to use them.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access, view, and use the Site for your personal use and as we otherwise intend, including any expressly permitted purchase and playback rights under Section 6.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any Content in whole or in part, other than as expressly permitted by these Terms, without written consent from us or the applicable rights holder.

7.2Artist Content

Recordings, compositions, artwork, videos, lyrics, credits, session materials, merchandise designs, and other materials made available in a room (“Artist Content”) are owned by the applicable artists, labels, or other rights holders and are made available through the Services under license. Nothing in these Terms transfers any ownership of Artist Content to you or to us. Your rights in purchased Artist Content are as stated in Section 6.4 and at the point of sale; your rights in non-purchased Artist Content are limited to viewing and playback within the Services as made available.

We do not train generative models on Artist Content. We will not use, and will not permit others to use, any artist’s recordings, compositions, videos, artwork, or other Artist Content to train models that generate sound recordings, audiovisual works, musical works, or images, without that artist’s express permission.

7.3Third-Party Content

The Site may include content provided by third parties. We do not monitor, do not endorse, and are not liable for third-party content. There may be inaccuracies or errors in content, and we do not guarantee the accuracy, integrity, completeness, or quality of content on the Site or at third-party URLs that may appear on the Site. We are not responsible for the content of any linked site or any link contained in a linked site.

7.4Notes and other submissions

The Services let you leave written notes on a release and on individual tracks, cast votes, and provide similar input (“Submissions”).

Notes are public within the room. A note you leave on a release or a track can be seen by the artist, by the Operator of that room, and by other fans who have access to that room. Write accordingly. Do not include anything you would not want other people in the room to read, and do not include personal information about yourself or anyone else.

You retain ownership of your Submissions. By making a Submission, you grant:

• 1.To us — a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, display, and distribute the Submission as needed to operate, provide, moderate, and improve the Services.
• 2.To other fans in that room — the ability to view the Submission where it appears in the room, for their personal use only.
• 3.To the artist and Operator of that room — a worldwide, non-exclusive, royalty-free, perpetual license to reproduce, display, and quote the Submission in connection with their music and their promotion of it, including on their own websites and social channels, alongside the display name shown on your account.

You represent that your Submissions are yours to give, are accurate as to factual matters, and do not violate law or any third party’s rights.

We may remove Submissions. We may remove or restrict any Submission, and the artist or Operator of a room may remove or hide any Submission in their room, at any time and without notice, including where it breaches Section 12 or where we consider it harmful to the room. We are not obliged to monitor Submissions, and removing some does not mean we have reviewed all.

7.5Feedback

If you send us comments or suggestions about the Site or Services — ideas, notes, text, drawings, designs — you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use them for any purpose, commercial or otherwise, without any obligation of confidence, acknowledgment, or compensation to you.

7.6Music licensing

Public performance and mechanical rights in musical compositions are separate from rights in the recordings themselves.

Rooms maintains blanket public performance licenses with the United States performing rights organizations — ASCAP, BMI, SESAC, and GMR — and a blanket mechanical license with the Mechanical Licensing Collective under 17 U.S.C. §115, covering the reproduction and distribution of musical compositions through the Services in the United States. Where content is made available outside the United States, the artist or Operator is responsible for confirming that the necessary publishing, performance, and mechanical rights are in place. Synchronization rights are not covered and remain the responsibility of the artist or Operator.

We think you should know whether you are supporting a human artist or engaging with work made by a machine.

Disclosure and labeling. Artists and Operators are required to disclose whether a release is AI-generated — meaning the primary creative elements, such as melody, lyrics, vocals, or instrumentation, were substantially created by an artificial intelligence system, generative model, or automated composition tool rather than by a human performer or composer. Where a release or artist is AI-generated, we apply a label that is visible in the room and wherever the release appears.

This does not cover the use of AI tools in a supporting capacity — mixing, mastering, stem separation, or similar production work — where the underlying composition and performance are human-created.

No impersonation. AI-generated content must not impersonate, mimic, or clone the voice, likeness, or artistic identity of any real person, and artist names, biographies, and imagery must not mislead fans about whether a human is behind the work.

Enforcement. Where content is not disclosed or labeled correctly, we may apply a label, remove the content, suspend or terminate the account, or withhold earnings associated with it. We may use a combination of automated detection and human review to identify undisclosed AI-generated content.

This area is moving quickly, and we may update how we handle it. Material changes will be reflected in an updated effective date.

Notes are the one place in the Services where fans see one another. Everything else a fan does — buying, voting, joining — is between the fan and the artist. There are no direct messages between fans, no reply threads, and no fan-to-fan following.

Reporting. Any note can be reported from where it appears. Reports go to us and, where the note sits in an artist’s room, to that Operator. Tell us what the problem is; we will review and decide whether to remove, restrict, or leave the note, and we will tell you the outcome.

Appeals. If we remove your note or restrict your account for something you posted, you can appeal by contacting us at help@access.fm. We will review the decision and respond.

What we do about it. Depending on what we find, we may leave the note, remove it, restrict its visibility, warn you, suspend your ability to post, or terminate your account. Repeated breaches escalate. Where content appears to involve a risk to a child or a credible threat to someone’s safety, we may report it to law enforcement or to the relevant authorities, and we may preserve related records.

What we do not do. We do not review notes before they appear, and we are not the author of anything a fan or an artist posts. Removing some content does not mean we have reviewed all of it.

The Services may let you connect accounts you hold with third-party services (for example, a streaming service) so we can match artists you already follow against rooms that exist. If you connect an account, you authorize us to access the data described in the connection flow, subject to the third party’s terms and our Privacy Policy. We do not receive or store your credentials for those services. You can disconnect a connected account at any time in settings; disconnecting stops future access but does not undo matches already made at your request.

Third parties may also offer their services directly to you through the Site (including payment processors). In such cases you may be required to agree to the third party’s terms of service and/or privacy policy. We will not be liable for the acts or omissions of such third parties, their terms or policies, or any loss, damages, liability, or expenses (including attorneys’ fees) you incur arising from or related to their services or products.

By creating an account you consent to receive transactional and account communications from us (receipts, security notices, changes to the Services or these Terms). By joining a room you consent to receive communications from that room’s artist or Operator through the Services and, where you have provided it for that purpose, by email. You can control room-level notifications in settings, and leaving a room stops its communications. Marketing communications from us are governed by the Privacy Policy and applicable law and can be opted out of at any time. If we offer SMS messaging it will require a separate opt-in, and message and data rates may apply.

You agree not to copy or imitate the appearance, design, or style of our Site or any Content. The technology and software underlying our Site and the Services are the property of Rooms, our affiliates, and/or our business partners.

You agree that you will not use our Site, the Services, or any Content to take any of the following actions:

• —Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Rooms, any artist or Operator, any other fan, or any other person or entity, including through notes and other Submissions;
• —Post anything in a note that is unlawful, hateful, sexually explicit, violent, or that targets a person on the basis of race, ethnicity, national origin, religion, disability, sex, gender identity, or sexual orientation;
• —Post anything in a note that sexualizes a minor, solicits contact with a minor, or attempts to move a conversation with a minor off the Services;
• —Create or use an account on behalf of anyone under 16, or misrepresent your age;
• —Post another person’s private or identifying information, or use notes to advertise, solicit, or promote anything unrelated to the room;
• —Use the Site or Services commercially, except as expressly permitted by these Terms, an Operator Agreement, or features we provide;
• —Record, rip, capture, extract, or download Artist Content by any means other than those the Services provide; redistribute, share, or publicly perform any Artist Content; remove or alter metadata, copyright notices, or watermarks; or circumvent or interfere with any technical protection measure, including the encryption applied to offline caches;
• —Resell, transfer, or share account access, room access, purchased content, fan numbers, entry positions, or referral credit, except through features we expressly provide;
• —Manipulate entry, queue, referral, or voting mechanics, including through automated accounts, fabricated identities, or purchased referrals;
• —Scrape, harvest, or collect data about the Services, artists, or other users, or use any automated system to access the Services except as we expressly permit;
• —Reverse engineer, decompile, tamper with, or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
• —Interfere with or damage the Services, the Site, or any underlying technology;
• —Impersonate or misrepresent your identity or affiliation, including posing as an artist, Operator, or Rooms personnel;
• —Attempt to obtain unauthorized access to the Services, the Site, any account, or any room;
• —Violate, misappropriate, or infringe a third party’s intellectual property or other right, or any social media platform terms;
• —Violate any law, rule, or regulation;
• —Transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Site, software or hardware, third-party websites, or telecommunications equipment;
• —Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material; or
• —Engage in any illegal activities.

Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.

All information we collect from you is subject to our Privacy Policy. Our Privacy Policy (which describes how we collect, use, and disclose your data, including how information about your activity in a room is made available to that room’s artist and Operator) is incorporated into and is a part of these Terms.

We respect the rights of others, and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.

How to file an infringement notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email to help@access.fm with the following:

• 1.Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
• 2.Identify the material that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit us to locate the material (URL and screenshots for each item).
• 3.Include the specific asset(s) or page(s) you claim to be infringing; say “entire work” only if all assets/pages in a collection are infringing.
• 4.Include details of your claim to the material, or your relationship to the material’s copyright holder.
• 5.Provide your full name, address, and telephone number, and a working email address where we can contact you to confirm your claim.
• 6.If true, include: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
• 7.If true, include: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
• 8.Sign the document, physically or electronically.

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA.

Please note that you may be liable for damages, including but not limited to costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification.

If a user is found to be a repeat infringer of the copyright rights of others, we may terminate access to the user’s account.

What a takedown means for people who bought the release. On receipt of a valid notice we will suspend sales of the affected material and may suspend access to it, including for people who already purchased it. A notice is an allegation and may be withdrawn or answered by a counter-notice, so we will not treat a removal as permanent until the claim is resolved or the counter-notice period has closed. If the removal becomes permanent, purchasers are refunded as described in Section 6.4.

Subject to applicable law, you and Rooms agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any purchase, any breach, enforcement, or termination of these Terms, or otherwise relating to Rooms in any way will be resolved in accordance with the provisions set forth in this Section.

Informal resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at help@access.fm, provide a brief written description of the dispute and your contact information (including your username, if your dispute relates to an account), and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.

Arbitration. These Terms and each of their parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including, without limitation, utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel).

The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Rooms user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Exceptions. There are only two exceptions to this arbitration agreement. First, if a party reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court within the United States, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

Costs of arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, Rooms will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Rooms is relieved of its obligation to reimburse you for any fees associated with the arbitration.

Future amendments to the agreement to arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Rooms prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Rooms. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.

Judicial forum for legal disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Rooms must be resolved exclusively by a state or federal court located in Austin, Texas. You and Rooms agree to submit to the personal jurisdiction of the courts located within Austin, Texas for the purpose of litigating all such claims or disputes.

Opt-out. IF YOU ARE A NEW ROOMS USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO help@access.fm (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME. IF YOU ARE NOT A NEW ROOMS USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS OF SERVICE TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.

Procedure. In order to opt out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your account(s) to which the opt-out applies to help@access.fm. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Waiver. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

You hereby agree to indemnify, defend, and hold Rooms and all of our officers, directors, managers, members, employees, agents, information providers, affiliates, partners, and licensors (“Rooms Party,” or collectively, the “Rooms Parties”) harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys’ fees, incurred by any Rooms Party arising from, related to, or in connection with (a) a violation of any provision of these Terms by you; or (b) your violation of the rights of Rooms or any other person or entity, including any artist or rights holder. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the Site.

Service outages and force majeure. Unless you have greater rights in a separate signed agreement with us, we disclaim to the fullest extent permitted by law any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. Under no circumstances shall Rooms or its licensors or service providers be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. This provision is not intended to disclaim liability that Rooms may not disclaim under law.

Rooms and their contents. What any room contains is determined by its artist or Operator. We make no warranty as to the contents, frequency, or continuation of any room, release, event, vote, or other offering, and no representation that any artist will take any action.

USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.

NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. ROOMS ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS.

NEITHER WE NOR OUR AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT ROOMS MAY NOT DISCLAIM UNDER APPLICABLE LAW.

No responsibility for third-party services and materials. ROOMS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND ROOMS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ROOMS WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

No consequential damages. IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILL ROOMS AND ROOMS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES, CONTENT OR PRODUCTS, EVEN IF ROOMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT ROOMS MAY NOT EXCLUDE UNDER APPLICABLE LAW.

Our liability is limited. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCTS TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT ROOMS MAY NOT EXCLUDE UNDER APPLICABLE LAW.

Term. These Terms are effective unless and until terminated by you or us.

Changes to the Services. We may modify, suspend, or discontinue any aspect of the Site or Services, including the availability of any feature or content, at any time, temporarily or permanently, by posting notice on the Site or sending you an email. We may also impose limits on certain features or restrict access to parts or all of the Services. Where a change or discontinuation affects releases you have purchased, Section 6.4 applies.

Suspension and termination by us. We may terminate or suspend your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Grounds include, without limitation: material breach of these Terms, including the Prohibited Conduct section; suspected fraud, abuse, or manipulation of entry, referral, or voting mechanics; and any requirement imposed by law or by a rights holder.

Effect on purchases. If we terminate or suspend your account, you may lose access to content you purchased through the Services, including releases in your rooms. Amounts paid are non-refundable except as provided in these Terms or required by applicable law. This is one of the reasons we encourage you to download purchased releases at the time of purchase where downloads are available (Section 6.4).

Termination by you. You may close your account at any time by following the instructions in the Services. Access to purchased content in the room ends when the account closes; we will tell you this at the point of closure.

Survival. The following provisions will survive termination: Intellectual Property, Indemnification, Payment Obligations, Warranties and Disclaimers, Limitations of Liability, Disputes, and any and all others that by their sense and context are intended to survive the termination or expiration of the Agreement.

If you access the Services through an application downloaded from the Apple App Store or Google Play, the following applies to the extent required by the applicable store: the store operator is not a party to these Terms, has no obligation to furnish maintenance or support for the application, and is not responsible for addressing any claims by you or any third party relating to the application, including product liability, legal or regulatory compliance, and intellectual property claims; in the event of any failure of the application to conform to an applicable warranty, you may notify the store operator and, where required, it may refund the purchase price of the application, and to the maximum extent permitted by law it has no other warranty obligation; the store operator and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the application, with the right to enforce them against you; and you represent that you are not located in a country subject to a U.S. government embargo or designated a “terrorist supporting” country and are not on any U.S. government list of prohibited or restricted parties.

We offer the Services in the United States, the United Kingdom, and Canada. Some of what follows applies only where you live.

Nothing in these Terms removes rights you have under the consumer law of your own country. Where a provision of these Terms conflicts with a non-waivable consumer right, that right applies and the provision does not.

United Kingdom. If you are a consumer in the UK: the disclaimers and limitations in Sections 17 and 18 do not exclude or limit our liability for digital content that is not of satisfactory quality, not fit for purpose, or not as described, or any other liability that cannot be excluded under the Consumer Rights Act 2015. You have a 14-day right to cancel a purchase of digital content under the Consumer Contracts Regulations 2013, which you lose only if you expressly request immediate access and acknowledge the loss of that right before purchase. The arbitration agreement, class-action waiver, and choice of Delaware law and Austin, Texas venue in Section 15 do not apply to you; you may bring proceedings in the courts of the United Kingdom, and the law of your part of the UK applies.

Canada. If you are a consumer in Canada: nothing in these Terms limits any right you have under applicable provincial consumer protection legislation. If you are a resident of Quebec, the arbitration agreement and class-action waiver in Section 15 do not apply to you, and you may bring proceedings before the courts of Quebec.

Data protection. How we handle your personal information, including where it is transferred and how long we keep it, is set out in the Privacy Policy.

No waiver; severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and our failure to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. The provisions of these Terms are intended to extend to the fullest extent permitted by law. No waiver of any term of these Terms will be binding unless in writing. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.

Statute of limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Applicable law. These Terms will be construed in accordance with the laws of the United States of America and (to the extent not inconsistent with or preempted by federal law) the State of Delaware, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Austin, Texas if seeking interim or preliminary relief or enforcement of an arbitration award.

Headings. The provision titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will not be construed against the drafter.

Notice. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site, or any other method we choose, and such notice will be effective on dispatch. If you give notice to us, it will be effective when received at: help@access.fm.

Entire agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Rooms and govern your use of the Site and Services and supersede any prior agreements between you and Rooms on the subject matter, except that if you are an Operator, your Operator Agreement governs as described in Section 2. You may also be subject to additional terms when you use certain third-party software, content, links, or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Rooms without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Rooms. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.

Notice to California users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Notice to users outside the United States of America. The Site is controlled and offered by Rooms from the United States of America. Rooms makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us. We currently offer the Services in the United States, the United Kingdom, and Canada; Section 21 sets out rights that apply in each.