Terms of use

Sybersound Records Inc. (also referred to as "we", “us” or “Company”) provides you access to our services and products through our websites located at www.partytyme.com, www.partytyme.net, www.partytymestreaming.com, and www.partytymeplayer.com, as well as our Party Tyme Karaoke apps (collectively, the “Sites”) subject to these Terms of Use. By browsing the public areas of the Sites, registering on the Sites or purchasing Karaoke downloads or custom CDs or other materials sold through the Sites (“Products”), or signing up for subscriptions through the Sites (such subscriptions and all other services provided via the Sites, the "Services"), you agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of the Privacy Policy, which are hereby incorporated by reference. If you do not agree to all of these terms and conditions you may not use the Sites for any purpose.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time and from time to time. It is your responsibility to check these terms periodically for changes to these Terms. Your continued use of the Sites or purchase of any Product or subscription to the Services following the posting of changes to these Terms will mean that you accept and agree to the changes.

SECTION J CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR ACCESSING AND USING THE SITES OR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS (INCLUDING ALL TERMS INCORPORATED HEREIN BY REFERENCE).

A. Content

All content on the Sites and related to the Products and Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (hereafter also referred to as the "Site Content"), are the proprietary property of the Company or its licensors. You will not modify, adapt, prepare derivative works based on, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, sell or otherwise exploit any Site Content or the Products or Services, in any form or by any means, in whole or in part. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site Content or any of the Products or Services. You will not upload or republish Site Content or any of the Products or Services or any part of them on any Internet, Intranet or Extranet Sites or incorporate the information in any other database or compilation. You may not use data mining, robots, scraping or similar data gathering or extraction methods in relation to the Sites or Site Content. Any use of the Sites, the Site Content, or the Products or Services by you other than as specifically authorized in these Terms is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Certain of the content included in the Site Content or Products or Services is licensed by us from third parties. These Terms are designed to comply with the terms of these license agreements and from time to time (in addition to our rights to make changes to these Terms or the Site Content or Products or Services as described elsewhere in these Terms), we may make changes to these Terms or the Site Content or Products or Services in order to comply with our licensors’ requests or otherwise to comply with the applicable license agreements governing the use of such Site Content or Products or Services.

B. Information you provide

You agree to:

1. Provide true, current, accurate and complete information as prompted by the registration form.
2. Maintain and update this information as required to keep it current, complete and accurate.

Please note that any information, data, material or other communication you transmit or post to or via the Sites will be deemed to be non-confidential and non-proprietary. By providing us any information or material, you grant us the unrestricted, irrevocable, perpetual license to use, copy, have used, reproduce, display, modify, have modified, incorporate, sublicense, distribute or otherwise dispose of such information, data, materials and communications. You further agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purposes for all commercial and non-commercial purposes, as more fully set out in the Privacy Policy.

There may be links from the Sites, or from communications you receive from the Sites, to third-party web sites or features. There may also be links to third-party web sites or features in content submitted by other users within the Sites. The Sites, the Products and Services also include third-party content that we do not control, maintain or endorse. Such links and third-party content are provided for reference and convenience only; and do not constitute the Company’s endorsement, warranty or guarantee of, or association with, those websites, their content or their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. The use of any website controlled, owned, or operated by a third party is governed by the terms and conditions of use and privacy policy for that website. You access and use such third-party websites at your own risk.

C. Retail Purchases of Product

You may make purchases of Products through the Sites. If you purchase any Product, the following terms and conditions apply as well as the payment provisions set out in section E below.

All purchases of Products are non-returnable. In the highly unlikely event that your Product is defective, we will replace it. You do not need a return authorization number, but will need to provide your order number or store receipt when contacting us. Please note that you are responsible for return shipping costs.

The most common complaint we receive is that the lyrics are not appearing on the TV. This is usually a result of your player not being compatible with (CD+G / CDG) karaoke disc format. Before ordering a Product from the Sites or contacting us, please check that your player supports this format. If you order a Product and attempt to play it on a non-compatible player, you will only hear the music and see no lyrics. However, we cannot accept the return of non-defective Product, even if you have belatedly discovered that your player does not support the (CD+G / CDG) karaoke disc format.

Shipping information will be provided when you place your order. In general, shipping days are Monday thru Friday. Orders are usually processed within 1-2 business days. Items shipped overnight should arrive the day after the order is processed, which is not necessarily the same day that the order is placed. We DO NOT ship on Weekends (Saturday, and Sunday) or Holidays.

D. Subscription to Services

Description of Services

The Services allow you to browse and search for, display, sing along with, record and playback karaoke versions of recordings, using the Site’s graphical user interface. The Company does not make any promises about the availability of specific recordings on the Services, or the content of the Services, its accuracy, quality or suitability for any particular purpose. Furthermore, the Company may discontinue or revise any or all aspects of the Services at any time in its sole discretion.

For new subscribers to any of the Services, the Subscription Period starts when you have submitted your registration form and provided valid payment details for your initial and recurring payments. You will be notified by email once your subscription is accepted.

Fees to subscribe to the Services for specified periods of time (each, a “Subscription Period”) are set forth on the Sites. You may become a subscriber to the Services for the relevant Subscription Period by registering through the Sites and paying the subscription fee for such Subscription Period. By subscribing to or accessing the Services, you agree to be bound by these Terms.

During your Subscription Period, as long as you comply with these Terms, the Company grants you a personal, non-transferable, limited license to access and use the Services by accessing the Services through the Sites in accordance with the terms and conditions set forth in these Terms. Unless you are a subscriber to our Professional Service, use of the Services is limited to you personally.

Violation of these Terms, as determined by the Company in its sole discretion, may result in termination of your Services account and termination of your access to the Services. You understand and agree that the Company cannot and will not be responsible for the Site Content, and you use the Services at your own risk. You may use the functionality (if any) provided by the Sites to record, playback, and purchase media embodying your own performances embodying Site Content. These Terms do not otherwise authorize you to record (or to distribute recordings of) your performances that embody any Site Content (however you may record your own performances through and strictly in accordance with any functionality provided on the Sites). The making, distribution or other exploitation by you of any audio or audiovisual recordings embodying any Site Content other than through and strictly in accordance with any functionality provided on the Sites is at your own risk and you hereby represent and warrant that you will not make, distribute or otherwise exploit any audio or audiovisual recordings embodying any Site Content other than through and strictly in accordance with any functionality provided on the Sites (or permit or facilitate anyone else to do so) unless you have a legal right to do so under applicable law, without reliance on any license from us. If you violate these Terms, or otherwise create risk or possible legal exposure for the Company, we can terminate your subscription and stop providing the Services to you.

Limiting or terminating usage

The Company may terminate your subscription to the Services and/or prohibit you from using or accessing the Services or the Sites (or any portion, aspect or feature of the Services or the Sites) for any reason, or no reason, at any time in its sole discretion, with or without notice. If Company terminates your subscription for no reason, then the unused portion of your subscription fees shall be refunded. If Company terminates your subscription for violation of these Terms, then no refund shall be provided for the unused portion of your subscription fees.

A subscriber to the Services must log into its account on the applicable Site at least once every thirty (30) days to obtain new songs and updates. Once you become a subscriber, if you do not log into your account on the applicable Site at least once every thirty (30) days, we reserve the right, in our sole discretion, to terminate your subscription (and such a termination will not entitle you to a refund of any unused portion of your subscription fees). Once you subscribe to the Services, as long as you have logged into your account on the applicable Site at least once in the thirty (30) day period immediately prior to the end of your then-current Subscription Period, your subscription will automatically renew at the end of each Subscription Period, unless you terminate your subscription at least three (3) days before the end of the Subscription Period. You may terminate your subscription by following the prompts on the applicable Site’s self-service dashboard, with such termination being effective at the expiry of the then-current Subscription Period. The Company will not pro rate subscription fees for partial Subscription Periods or refund any previously paid subscription fees.
You will receive an email that confirms the termination. Please contact customer support in the rare case the email does not arrive.

By subscribing to or accessing the Services, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services.

E. Additional Terms For Subscribers to Professional Services

These terms are an additional legal agreement between you, the subscriber, on your own behalf and on behalf of all end users using the Service at your place of business specified in your registration form (the “Location”). When you sign up for a subscription to Services through the Pro button on the Site, your subscription allows you to access the Party Tyme streaming karaoke music service and to provide access to the Professional Service to your customers (“end users”) solely at your Location ("Professional Service").

Description of Professional Service

The Professional Service allows end users to browse and search for, display, sing along with, record and playback karaoke versions of recordings. The Company does not make any promises about the availability of specific recordings on the Professional Service, or the content of the Professional Service, its accuracy, quality or suitability for any particular purpose. Furthermore, the Company may discontinue or revise any or all aspects of the Professional Service at any time in its sole discretion.

Fees to subscribe to the Professional Service for Subscription Periods are set forth on the Site. You may become a subscriber to the Professional Service for the relevant Subscription Period by registering through the Site and paying the subscription fee for such Subscription Period.

Your subscription to the Professional Service and these Terms do not grant a public performance license for any content. It is your responsibility to obtain any public performance licenses that may be required for your Location and/or for activities undertaken by you or your end users.

You are responsible for ensuring that all end users that access or use the Professional Service from your Location comply with these Terms and with applicable laws.

During your Subscription Period, as long as you comply with these Terms, the Company grants you a personal, non-transferable, limited license to access and use the Professional Service and to provide access to the Professional Service to end users solely at your Location.

Violation of these Terms, as determined by the Company in its sole discretion, may result in termination of your Professional Service account and termination of your access to the Professional Service. You understand and agree that the Company cannot and will not be responsible for the Site Content, and you use the Professional Service at your own risk. These Terms do not authorize you or any end user to record (or to distribute recordings of) end user performances that embody any Site Content via the Professional Service. The making, distribution or other exploitation by you or any end user of any audio or audiovisual recordings embodying any Site Content is at your and such end users’ own risk and you hereby represent and warrant that you will not make, distribute or otherwise exploit any audio or audiovisual recordings embodying any Site Content (or permit or facilitate any end user to do so) unless you have a legal right to do so under applicable law, without reliance on any license from us. If you violate these Terms, or otherwise create risk or possible legal exposure for the Company, we can terminate your subscription and stop providing the Professional Service to you.

F. Payment for Products or Services

As consideration for any purchase of Product or subscription to Services that you make via the Sites, you shall pay us alleements and not these Terms to determine your rights and liabilities as a cardholder. You, and not the Company, are responsible for paying any unauthorized amounts billed to your credit card or PayPal account by a third party. Unless you notify the Company of any discrepancies within thirty (30) days after they first appear on your credit card or PayPal statement, you agree that they will be deemed accepted by you for all purposes. If the Company does not receive payment from your credit card issuer, PayPal or its agents, you agree to pay all amounts due upon demand by Company or its agents.

Additional terms concerning cancellation of subscription Services are set forth above in sections D and E.

G. Disclaimer

Although it is Company's intention for the Sites to be available as much as possible, there will be times when the Sites or delivery of the Products or Services will be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Company reserves the right to remove any Site Content for any reason, without prior notice.

You agree that Company is not responsible for, and does not endorse, Site Content or Product content. Company does not have any obligation to prescreen, monitor, edit, or remove any Site Content or Product content.

THE SITES AND THE PRODUCTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY NOR ANY OF ITS EMPLOYEES, SHAREHOLDERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES OR ITS CONTENT; (B) THE PRODUCTS; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE SITES. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR SERVICES OR THE SERVER OR OTHER PLATFORMS THAT MAKES THE SITES AND SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COMPANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITES, SERVICES, OR PRODUCTS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.

THE COMPANY PARTIES DO NOT ENDORSE SITES CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

You agree that in the event you incur any damages, losses or injuries that arise out of Company's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any Sites, Services, property, Products or other content owned or controlled by the Company, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Sites, property, Products, Services, or other content owned or controlled by the Company.

By accessing the Sites and/or purchasing the Products or Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, if applicable, and any similar law of any state or territory, which provides as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Company is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

I. Indemnification

You agree to defend (at Company's request), indemnify and hold the Company and its officers, directors, employees, parents, subsidiaries, affiliates, representatives and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following: (i) your access to or use of the Sites, Services, and/or the Products; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any hese Terms) (collectively, “Claims”), except for Excluded Claims, will be resolved as set forth in this Arbitration Agreement. “Excluded Claims” means (1) individual claims brought in small claims court (if your Claims qualify), (2) Claims in which either party seeks injunctive or other equitable relief for alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents) or emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack, etc.), and (3) Claims described below under “Certain Claims Not Prohibited.”

2. Agreement to Arbitrate.

Unless you opt out of the Arbitration Agreement in accordance with the procedure described in below, you and Company agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. You and Company agree that the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that our dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, you and we agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims. If there is a final determination by the arbitrator (or the court, if required by law) that applicable law precludes enforcement of the Arbitration Agreement as to any Claim or requested remedy, then that Claim or requested remedy will be severed and stayed pending arbitration of the remaining Claim(s).

3. Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND WE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, YOU AGREE THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR OR COURT 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 OF THE SITES OR SERVICES OR OTHER PURCHASERS OF PRODUCTS.

4. Pre-Arbitration Dispute Resolution.

Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. Before you commence arbitration, you must first contact us in writing to explain your complaint through our office listed below and give us an opportunity to work with you to resolve it. You or your legal representative, if you have one, may contact us by mail at Sybersound, Inc., P.O. BOX 6464 Malibu, CA 90264. Your written complaint must include your name, the email address associated with your account, a detailed description of the nature and basis of the dispute, and the specific relief sought. Your written complaint must be on an individual basis and personally signed by you. For any dispute that Company initiates, a written complaint will be pings if it does not contain sufficient factual matter to state a claim to relief that is plausible on its face.

Unless you and Company agree otherwise, any arbitration hearings will take place in Los Angeles County, California.

All Rules, as modified by this Arbitration Agreement, are incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control, unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator also must follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in section H. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator will submit a decision in writing, providing a concise written statement of the essential findings and conclusions on which the award is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.

As limited by applicable law, these Terms and the applicable Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.

6. Costs of Arbitration.

Payment of all filing, administration, case management, and arbitrator fees will be governed by the Rules.

Except as required by law or the Rules, each party will pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the Rules.

7. Confidentiality.

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

8. Severability.

Notwithstanding anything else contained in the Terms, if any term, clause or provision of this Arbitration Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Arbitration Agreement will remain valid and enforceable, provided that if the finding of partial invalidity or unenforceability results in a final determination that the class action waiver set forth in this Arbitration Agreement fails with respect to all of the claims in arbitration, then this Arbitration Agreement will be unenforceable in its entirety.

9. Opt-Out Procedure.

You can choose to reject this Arbitration Agreement and your waiver odo not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Arbitration Agreement and did not validly opt out of it. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with section K.

10. Future Changes to this Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any Claim that was filed in a legal proceeding against Company prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted on the Sites, and will not be effective as to any Claim that was filed in a legal proceeding against Company prior to the effective date of removal.

11. Certain Claims Not Prohibited.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration Agreement will be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. The Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.

K. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the United States of America and of the State of California, without giving effect to any principles of conflicts of law and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Notwithstanding the preceding sentence with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in section J and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the laws of the State of California, without giving effect to any principles of conflicts of law. The Parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law. You agree to resolve any Excluded Claims (and to resolve all disputes you have with Company in the event that you opt out of the Arbitration Agreement in accordance with section J or the Arbitration is found to be unenforceable) exclusively in a state or federal court located in Los Angeles County, California, and to submit to the personal jurisdiction of the courts located in Los Angeles County for the purpose of litigating all such disputes.

If any provieve in good faith that materials posted on the Sites or provided through the Services infringe your copyright, you (or your agent) may send Company a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed;
3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Company to locate the material on the Company website or app;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have 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.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Company a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to Company should be sent via mail to DMCA Notice, Sybersound, Inc., P.O. BOX 6464 Malibu, CA 90264 or via email to customerservice@partytyme.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

N. Territorial Restrictions

The Sites, Services, and Products are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Sites and/or the Products or Services or any portion of the Sites and/or the Products or Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Company provides.

Software related to or made available by the Sites or the Products or Services, if applicable, may be subject to United States export controls. Thus, no software from the Sites or included as part of the Products or of the Services, if applicable, may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Sites and/or the Products or Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

O. Right to request deletion of your personal information

You may request that we delete any personal information that we have collected from/about you. Submit your request via email at support@partytymeplayer.com. For security purposes, we may request additional information from you to verify your identity.

These Terms were written in English (US). To the extent any translated version of these Terms conflicts with the English version, the English version controls.

Revised March 2026