terms of service

Unlessotherwise indicated, the Site is our proprietary property and all source code,databases, functionality, software, website designs, audio, video, text,photographs, and graphics on the Site (collectively, the "Content")and the trademarks, service marks, and logos contained therein (the "Marks")are owned or controlled by us or licensed to us, and are protected by copyrightand trademark laws and various other intellectual property rights and unfaircompetition laws of the United States, international copyright laws, andinternational conventions. The Content and the Marks are provided on the Site"AS IS" for your information and personal use only. Except asexpressly provided in these Terms of Use, no part of the Site and no Content orMarks may be copied, reproduced, aggregated, republished, uploaded, posted,publicly displayed, encoded, translated, transmitted, distributed, sold,licensed, or otherwise exploited for any commercial purpose whatsoever,including but not limited to training or developing Artificial Intelligence(AI) tools, applications or platforms without our express prior writtenpermission.

Youare granted a limited license to access and use the Site and to download orprint a copy of any portion of the Content to which you have properly gained accesssolely for your personal, non-commercial use. We reserve all rights notexpressly granted to you in and to the Site, the Content and the Marks.

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means.

You may not access or use the Site or its Content for any purpose other than that for which we make the Site available. The Site and its Content may not be usedin connection with any commercial endeavors except those that are specifically endorsed or approved by us.

Asa user of the Site, you agree not to:

1.    Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory including, butnot limited to, development or evolution of artificial intelligence (AI) algorithms, tools, applications or platforms, without written permission from us and, ifthe uses are for the aforementioned AI purposes, execution of our AI LicenseAgreement..

2.    Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Contentor enforce limitations on the use of the Site and/or the Content contained therein.

3.    Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

4.    Use the Site in a manner inconsistent with any applicable laws or regulations.

5.    Use the Site to advertise or offer to sell goods and services.

6.    Engage in unauthorized framing of or linking to the Site.

7.    Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

8.    Delete the copyright or other proprietary rights notice from any Content.

9.    Attempt to impersonate another user or person or use the username of another user.

10.  Harass, annoy, intimidate ,or threaten any of our employees or agents engaged in providing any portion ofthe Site to you.

11.  Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, orany portion of the Site.

12.  Copy or adapt theSite's software, including but not limited to Flash, PHP, HTML, JavaScript, orother code.

13.  Decipher , decompile, disassemble, or reverse engineer any of the software comprising orin any way making up a part of the Site.

14.  Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, anyspider, robot, cheat utility, scraper, or offline reader that accesses theSite, or using or launching any unauthorized script or other software.

15.  Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses, or using the Content or any information on the Site for purposes of training or developing AI tools, platforms or applications without express written consent and execution of our AI Agreement.

Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

TheSite may invite you to chat, contribute to, or participate in blogs, messageboards, online forums, and other functionality, and may provide you with theopportunity to create, submit, post, display, transmit, perform, publish,distribute, or broadcast content and materials to us or on the Site, includingbut not limited to text, writings, video, audio, photographs, graphics,comments, suggestions, or personal information or other material, orSubmissions including questions, comments, suggestions, ideas, feedback, orother information regarding the Site collectively, "Contributions").Contributions may be viewable by other users of the Site and throughthird-party websites. As such, any Contributions you transmit may be treated asnon-confidential and non-proprietary. When you create or make available anyContributions, you thereby represent and warrant that:

1.    Thecreation, distribution, transmission, public display, or performance, and theaccessing, downloading, or copying of your Contributions do not and will notinfringe the proprietary rights, including but not limited to the copyright, patent,trademark, trade secret, or moral rights of any third party.

2.    Youare the creator and owner of or have the necessary licenses, rights, consents,releases, and permissions to use and to authorize us, the Site, and other usersof the Site to use your Contributions in any manner contemplated by the Siteand these Terms of Use.

3.    Youhave the written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name orlikeness of each and every such identifiable individual person to enableinclusion and use of your Contributions in any manner contemplated by the Siteand these Terms of Use.

4.    YourContributions are not false, inaccurate, or misleading.

5.    YourContributions are not unsolicited or unauthorized advertising, promotionalmaterials, pyramid schemes, chain letters, spam, mass mailings, or other formsof solicitation.

6.    YourContributions are not obscene, lewd, lascivious, filthy, violent, harassing,libelous, slanderous, or otherwise objectionable (as determined by us in oursole discretion).

7.    YourContributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8.    YourContributions are not used to harass or threaten (in the legal sense of thoseterms) any other person and to promote violence against a specific person orclass of people.

9.    YourContributions do not violate any applicable law, regulation, or rule.

10.  Your Contributionsdo not violate the privacy, publicity or intellectual property rights of anythird party.

11.  Your Contributionsdo not contain any material that solicits personal information from anyoneunder the age of 18 or exploits people under the age of 18 in a sexual orviolent manner.

12.  Your Contributionsdo not violate any applicable law concerning child pornography, or otherwiseintended to protect the health or well-being of minors.

13.  Your Contributionsdo not include any offensive comments that are connected to race, nationalorigin, gender, sexual preference, or physical handicap.

14.  Your Contributionsdo not otherwise violate, or link to material that violates, any provision ofthese Terms of Use, or any applicable law or regulation.

Anyuse of the Site in violation of the foregoing violates these Terms of Use andmay result in, among other things, termination or suspension of your rights touse the Site.

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By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable ,royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt(in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

You are solely responsible for your Contributions to the Site and you expressly agree to indemnify, hold us harmless and defend us s from any and all responsibility and liability with regard to claims arising from yourContributions. Including but not limited to our costs and expenses including reasonable attorneys fee

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) tore-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor yourContributions.

TheSite may contain (or you may be sent via the Site) links to other websites("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites andThird-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for anyThird-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-PartyContent. Inclusion of, linking to, or permitting the use or installation of anyThird-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.

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We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4)in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage theSite in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

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Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification"). A copy of yourNotification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in aNotification. Thus, if you are not sure that material located on or linked toby the Site infringes your copyright, you should consider first contacting an attorney.

AllNotifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3)identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent) using the contact information provided below (a "Counter Notification"). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appearedbefore it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, orif your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name,address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabledas a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in in fringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees

DesignatedCopyright Agent

Sagar Parikh

Attn: Copyright Agent

433N. Camden Drive

6th Floor

BeverlyHills, CA 90210

UnitedStates

sp@beverlyhillslawcorp.com

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TheseTerms of Use shall remain in full force and effect while you use the Site.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, AS PERMITTED BY APPLICABLE LAW, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

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We reserve the right to change, modify, or remove the contents of the Site at anytime or for any reason at our sole discretion without notice. However, we haveno obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. Wewill not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

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TheseTerms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

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Any claim arising from these Terms or from the use of the Services shall be brought only in the Superior Court of the State of California in and for the County ofLos Angeles. Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. This does not prevent either party from participating in a class-wide settlement of claims should a court permit a class action despite this text of this clause. Each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, orcounter claim.

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There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

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THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OFTHE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, AND NON INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS ORFOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

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INNO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IFANY, BY YOU TO US.FOR THE PRECEDING TWELVE (12) MONTHS.  CERTAIN US STATE LAWS AND INTERNATIONAL LAWSDO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

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You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys· fees and expenses, made by any third party due to or arising out of: (1) claims of intellectual property rights infringement a rising from your Contributions; (2) use of the Site in violation of theseTerms of Use or applicable laws or regulations; (3) your violation of the rights of a third party, including but not limited to intellectual property rights; or (4) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

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If any complaint with us is not satisfactorily resolved, you can contact theComplaint Assistance Unit of the Division of Consumer Services of theCalifornia Department of Consumer Affairs in writing at 1625 North MarketBlvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)952-5210 or (916) 445-1254.

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TheseTerms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of theseTerms of Use shall not operate as a waiver of such right or provision. TheseTerms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms ofUse or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

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We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change.

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In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

legal@cinqmusic.com

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