April 1, 2021

Description of Services and Acceptance of Terms of Use Including Arbitration of Disputes

Welcome to www.somosmusic.net and its family of websites (collectively, the “Site”), which
are operated by Somos Music (collectively, “Company,” “our,” “we” or “us”). This Terms of

Use Agreement,including any future modifications, (“Agreement”) governs your use of the Site,

applications,music and video services, community pages, message boards, messaging services,

mobile services, text messaging campaigns, sweepstakes and contests, promotions, and any other
features, content, promotions, games or applications offered from time to time by Company
that link or otherwise refer users to this Agreement (collectively, the “Company Services”).
Company is based in the United States and the Company Services are hosted in the United
States.

Company furnishes the Site and other Company Services for your personal enjoyment and
entertainment. By visiting the Site (whether or not you are a registered member) or using a
Company Service, you accept and agree to be bound by this Agreement and to abide by all
applicable laws, rules and regulations (collectively, “Applicable Law”). Please read through this
Agreement carefully. Company may modify this Agreement at any time, and each such
modification will be effective upon posting on the Site. All material modifications will apply
prospectively only. Your continued use of the Site or any other Company Services following
any modification of this Agreement constitutes your acceptance of and agreement to be bound
by the Agreement as modified. It is therefore important that you review this Agreement
regularly. If you do not agree to be bound by this Agreement and to abide by all
Applicable Law, you must discontinue use of all Company Services immediately.

Your access to and use of certain Company Services may require you to accept additional
terms and conditions applicable to such Company Services, in addition to this Agreement, and
may require you to download software or Content (as defined below). In the event of a conflict
between any such additional terms and this Agreement, such additional terms will prevail.
PLEASE NOTE THAT THE “ARBITRATION AGREEMENT” BELOW CONTAINS
PROVISIONS THAT REQUIRE (i) WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING
BETWEEN YOU AND COMPANY UNDER THIS AGREEMENT BE RESOLVED IN BINDING
ARBITRATION, AND NOT IN COURT AND (ii) YOU AND COMPANY WAIVE THE RIGHT
TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH
DISPUTES. PLEASE GO TO THE CLAUSE BELOW TO REVIEW THE ARBITRATION
AGREEMENT. BY USING THIS SITE AND ACCEPTING THIS AGREEMENT, YOU AGREE
TO BE BOUND BY THE ARBITRATION AGREEMENT. PLEASE READ IT CAREFULLY.

Registration and Security:

Use of the Company Services is limited to users 18 years of age and older. You take full
responsibility for your participation on the Company Services. If you are younger than 18 and
you would like to use this Site, you must do so with a parent or guardian. As a condition of

using certain features on the Company Services, you may be required to register on the
Company Services and/or select a username and password. All registration information you
submit to us, directly or through a Third-Party Service (defined below), to create an account
must be accurate, complete and kept up to date. Your failure to do so will constitute a breach of
the Agreement, which may result in immediate termination of your account. You may not (i)
select or use as a username a name of another person with the intent to impersonate that
person; or (ii) use as a username a name subject to any rights of another person without
appropriate authorization. Company reserves the right to refuse registration of, or cancel, a
username, in its sole discretion. It is your responsibility to notify us of any changes in such
information, including but not limited to your contact information. You are responsible for
maintaining the confidentiality of your password and are responsible for all use of your account.
It is therefore critical that you do not share your password with anyone. You agree not to use
the account, username, email address or password of another person at any time and not to
allow any other person to use your account. Your account is not transferable. You agree to
notify Company immediately if you suspect any unauthorized use of, or access to, your
account or password. Company shall retain the right to change your username, but no
obligation, for any reason, including, without limitation, if the username you have selected
violates this Agreement. 

Access:

The Company Site is intended solely for your personal and non-commercial use. Company
may change, suspend or discontinue the Company Site (or any feature thereof) at any time.
Company may also impose limits on certain features and services offered on the Company
Site or restrict your access to parts or all of the Company Site without notice or liability. You
acknowledge that from time to time the Company Site may be inaccessible or inoperable for
any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance
procedures or repairs which Company may undertake from time to time; or (iii) causes beyond
the control of Company or which are not reasonably foreseeable by Company.

Termination:

Unless terminated by Company in its sole discretion, this Agreement remains in full force and
effect while you use the Company Services or are a subscriber or member. Company may
terminate your account, subscription, membership and/or access to the Company Services at
any time, for any or no reason, with or without prior notice or explanation, and shall have no
liability to you for such termination. Even after your user account or access to the Company
Services is terminated by you or by Company, this Agreement will remain in full force and effect
with respect to your past and future use of the Site or the Company Services. Any rights to your
account terminate upon your death.

Fees:

You acknowledge that Company reserves the right to charge a fee for any portion of the
Company Services. The Company will provide you with advance notice of any such fees,
including any change in the amount of such fees, and a way to cancel your account and/or

subscription in the event you do not wish to pay the modified fee. If you continue to use the
Company Services after a fee has been imposed or increased, you are expressly agreeing to
the fee or increase thereto and you will be responsible for paying such fee for the balance of
your subscription or use of the Company Services. If Company suspends or terminates your
account and/or access to the Company Services because you have breached the Agreement
or violated Applicable Law, you will not be entitled to a refund of any unused portion of such
fees or other payments.

Purchasing Company Services or Products:

In connection with a purchase of any service, subscription or product on or in connection with
the Site or other Company Services (collectively, “Site Products”), you may be required to
provide personal information, including your name, address, telephone number, e-mail
address, credit card and billing information (collectively, “Personal Financial Information”), to an
independent third party selected by, but not affiliated with, Company (the “Processor”). Where
the Processor is responsible for collecting, transmitting and/or processing your Personal
Financial Information and, in some instances, for fulfilling your order, the collection,
transmission and processing of your Personal Financial Information and any all payment
obligations for Site Products shall be governed by the terms of use/service and privacy
policy(ies) of the Processor. If you make a purchase of a Site Product you are warranting that
you are authorized to make the purchase using the form of payment that you provide to the
Processor. You must be 18 years of age or older to purchase a Site Product.
Company makes no warranty, and to the fullest extent provided by law, accepts no liability for
any loss or damages whatsoever, relating to or in connection with your placement of an order
for a Site Product with the Processor. Company provides no refunds for, makes no warranty
for, and accepts no liability regarding your purchase of a Site Product. You are solely
responsible for any and all transactions utilizing your Personal Financial Information, including,
but not limited to, any and all charges. You acknowledge and agree that, to the fullest extent
permitted by law, in the event Processor experiences a data breach that affects your
information, Company will in no way be responsible or liable to you for any such breach.
The Company is under no obligation to store any records related to purchases or other
transactions you make through the Company Services. You should therefore maintain records
of all your transactions. If you have any questions regarding your transactions or believe that
there is an error or unauthorized transaction or activity associated with transactions utilizing
your information, you must contact the Processor.

Limited Content License:

The Site and other Company Services are offered for your personal use only and may not be
used for commercial purposes. The Company Services contain information, text, files, images,
video, sounds, musical works, works of authorship, software, applications, product names,
company names, trade names, logos, designs, and any other materials or content (collectively,
“Content”) of Company, its licensors, or assignors (“Company Content”), as well as Content
provided by users or other third parties. Content contained in the Company Services is

protected by copyright, trademark, patent, trade secret, and other laws and, as between you
and Company, Company, its licensors, or its assignors, own and retain all rights in the
Company Content. Company hereby grants you a limited, revocable, non-sublicensable,
nontransferable license to access and display or perform the Company Content (excluding any
software code) solely for your personal, non-commercial use in connection with using the
Company Services. Except as provided in this Agreement, by prior written consent of
Company, or as explicitly permitted on the Company Services, you may not copy, download,
stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast,
transmit, retransmit, distribute, perform, display, sell, frame or deep-link, link to, make available,
or otherwise use any Content contained in or through the Company Services. Requests for
permission to reproduce or distribute materials found on the Company Services can be made
by info@somosproductions.net.

Except as explicitly and expressly permitted by the Company or by the limited license set forth
above, you are strictly prohibited from creating works or materials (including but not limited to
fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups
and similar videos, greeting cards and unlicensed merchandise) that derive from or are based
on the Company Content. This prohibition applies regardless of whether such derivative works
or materials are sold, bartered or given away. Also, you may not either directly or through the
use of any device, software, internet site, web-based service or other means remove, alter,
bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice
marked on the Content contained in the Company Services or any digital rights management
mechanism, device, or other content protection, copy control or access control measure
associated with the Content contained in the Company Services including geo-filtering
mechanisms. Except as explicitly and expressly permitted by the Company or as necessary in
order to refer to the Company, its products and services in a purely descriptive capacity, you
are expressly prohibited from using any Company Content in any manner. If you reference the
Site, other Company Services or Company Content, as permitted above, you must not
represent in any way, expressly or by implication, that you have received the endorsement,
sponsorship or support of the Site, Company Services, Company or Company brands,
including its respective licensors, employees, agents, directors, officers and/or shareholders.
You may not, without the Company’s written permission, “mirror” any Contents contained on
the Company Site or any other server. You may not use the Company Site for any purpose
that is unlawful or prohibited by the Agreement. You may not use the Company Site in any
manner that could damage, disable, overburden, or impair the Company Site, or interfere with
any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized
access to the Company Site through hacking, password mining or any other means. Company
reserves the right, in its sole discretion, to terminate your access to the Company Site, or any
portion thereof, at any time, for any reason or for no reason at all, without prior notice or any
notice.

Restrictions on Use of Company Services:

You understand that you are responsible for all Content that you post, upload, transmit, email
or otherwise make available on the Site or on, through or in connection with the Company

Services (collectively, “User Content”). Additionally, you acknowledge that you have no
expectation of privacy in or confidentiality with respect to your User Content. Accordingly,
please choose User Content carefully.

You agree not to use the Company Services to:

Post, upload or otherwise transmit or link to Content that is: unlawful; threatening;
abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity;
offensive; excessively violent; invasive of another’s privacy, publicity, contract or other
rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
Post, upload or otherwise transmit or link to Content that you do not own or for which
you do not hold the rights or have the authorization or permission to disseminate;
Violate the rights of others including patent, trademark, trade secret, copyright, privacy,
publicity or other proprietary rights; Harass or harm another person; Exploit or endanger

a minor;Impersonate or attempt to impersonate any person or entity;
Introduce or engage in activity that involves the use of viruses, bots, worms, or any
other computer code, files or programs that interrupt, destroy, or limit the functionality of
any computer software or hardware or telecommunications equipment, or otherwise
permit the unauthorized use of or access to a computer or a computer network;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software
comprising the Site or the Company Services;
Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain
unauthorized access to the Company Services, including Company’s servers, networks
or accounts;
Cover, remove, disable, block or obscure advertisements or other portions of the
Company Services;
Delete or revise any information provided by or pertaining to any other user of the
Company Services;
Use technology or any automated system such as scripts, spiders, offline readers or
bots in order to collect or disseminate usernames, passwords, email addresses or other
data from the Company Services, or to circumvent or modify any security technology or
software that is part of the Company Services;

Send or cause to send (directly or indirectly) unsolicited bulk messages or other
unsolicited bulk communications of any kind through the Company Services. If you do
so, you acknowledge you will have caused substantial harm to Company, but that the
amount of harm would be extremely difficult to measure. As a reasonable estimation of
such harm, and by way of liquidated damages and not as a penalty, you agree to pay
Company $50 for each actual or intended recipient of such communication;
Solicit, collect or request any personal information for commercial or unlawful purposes;
Post, upload or otherwise transmit an image or video of another person without that
person’s consent;
Engage in commercial activity (including but not limited to advertisements or
solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing
or advertising an index of any significant portion of the Company Content; or building a
business using the Company Content) without Company’s prior written consent;
Advertise or promote competing services; or
Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
You will not (i) use technology or any other means that is not authorized by the Site to
access, index, frame, or link to the Site or Company Services (including the Content)
(including by removing disabling, bypassing, or circumventing any content protection or
access control mechanisms intended to prevent the unauthorized download, stream
capture, linking, framing, reproduction, access to, or distribution of Company Content)
or (ii) access the Site or Company Services (including the Content) through any
automated means, including “robots,” “spiders,” or “offline readers” (other than by
individually performed searches on publicly accessible search engines for the sole
purpose of, and solely to the extent necessary for, creating publicly available search
indices – but not caches or archives – of the Site or other Company Service and
excluding those search engines or indices that host, promote, or link primarily to
infringing or unauthorized content.

In addition, you agree you will not use the Company Services in any manner
inconsistent with any and all Applicable Law.

Company reserves the right, but disclaims any obligation or responsibility, to remove User
Content that violates this Agreement, as determined by Company, or for any other reason, in
Company’s sole discretion and without notice to you. You acknowledge that the Company
reserves the right to investigate and take appropriate legal action against anyone who, in
Company’s sole discretion, violates this Agreement, including but not limited to, terminating
their user account and/or reporting such User Content, conduct, or activity to law enforcement
authorities.

You acknowledge, consent and agree that Company may access, preserve or disclose
information you provide to the Site or other Company Services or that we have collected about

you, including User Content and your account registration information, including when
Company has a good faith belief that such access, preservation or disclosure is necessary in
order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of Company,
our parents, subsidiaries or affiliates (“Company Affiliates”), or their employees, agents and
contractors (including enforcement of this Agreement or our other agreements); (ii) protect the
safety, privacy, and security of users of the Company Services or members of the public
including in urgent circumstances; (iii) protect against fraud or for risk management purposes;
(iv) comply with the law or legal process; or (v) respond to requests from public and
government authorities. If Company sells all or part of its business or makes a sale or transfer
of its assets or is otherwise involved in a merger or transfer of all or a material part of its
business, Company may transfer your information to the party or parties involved in the
transaction as part of that transaction.

Company reserves the right to limit the storage capacity of User Content. You assume full
responsibility for maintaining backup copies of your User Content, and Company assumes no
responsibility for any loss of your User Content due to its being removed by Company or for
any other reason.

Message Boards and Forums:

The Site and/or other Company Services may offer users the ability to post messages on
message boards and forums (collectively, “Forums”), which may be open to the public
generally, to all users of the Company Services, or to a select group of users. You
acknowledge that all Content posted on Forums is User Content, and by posting on Forums
you agree to comply with the rules and restrictions on User Content set forth above and any
other rules specifically applicable to such Forums. Company reserves the right, but disclaims
any obligation or responsibility, to prevent you from posting User Content to any Forum and to
restrict or remove your User Content from a Forum or refuse to include your User Content in a
Forum for any reason at any time, in Company’s sole discretion and without notice to you.
You acknowledge that messages posted on such Forums are public, and Company cannot
guarantee the security of any information you disclose through any Forum; you make such
disclosures at your own risk. Company is not responsible for the content or accuracy of any
information posted on a Forum, and shall not be responsible for any decisions made based on
such information. We ask that you do not disclose any personal or sensitive information on or
through the Company Services, including, without limitation, in the Forums.

Your Proprietary Rights in and License to Your User Content:

Company does not claim any ownership rights in the User Content that you post, upload,
email, transmit, or otherwise make available (collectively, “Transmit”) on, through or in
connection with the Company Services, except with respect to your unsolicited submissions, as
described under “Unsolicited Submissions” below; provided, however, that User Content shall
not include any Company Content or content owned or controlled by a Company Affiliate. By
posting or transmitting any User Content on, through or in connection with the Company
Services, you hereby grant to Company and our Company Affiliates, licensees, assignees, and
authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free,

freely sublicensable, transferable (in whole or in part) right (including any moral rights) and
license to use, modify, excerpt, adapt, publish, translate, create derivative works and
compilations based upon, publicly perform, publicly display, broadcast, reproduce, sublicense,
and distribute such User Content, including your name, voice, likeness and other personally
identifiable information to the extent that such is contained in User Content, anywhere, in any
form and on and through all media formats now known or hereafter devised, for any and all
purposes including, but not limited to, promotional, marketing, trade or any non-commercial or
commercial purposes. Additionally, Company is free to use any ideas, concepts, know-how, or
techniques contained within such User Content for any purpose including, but not limited to,
developing, manufacturing, marketing and providing commercial products and services,
including Company Services. Company’s use of such User Content shall not require any
further notice or attribution to you and such use shall be without the requirement of any
permission from or any payment to you or any other person or entity. You hereby appoint
Company as your agent with full authority to execute any document or take any action
Company may consider appropriate in order to confirm the rights granted by you to Company
in this Agreement.

You represent and warrant that: (i) you own the User Content Transmitted by you on, through
or in connection with the Company Services, or otherwise have the right to grant the license set
forth in this Section, and (ii) the Transmission of User Content by you on, through or in
connection with the Company Services and Third Party Services does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You
agree to pay for all royalties, fees, and any other monies owing any person or entity by reason
of the use of any User Content Transmitted by you on or through the Company Services or
Third-Party Services.

If you delete your User Content from the Company Services, Company’s license to such User
Content will end after a reasonable period of time necessary for the deletion to take full effect.
However, the User Content may be retained in the Company’s back-up copies of the Company
Services, which are not publicly available. Furthermore, to the extent that Company made use
of your User Content before you deleted it, Company will retain the right to make such pre-
existing uses even after your User Content is deleted. You acknowledge that (i) deletion of your
User Content from Company Services will not result in, and Company assumes no
responsibility for, the deletion of such User Content by any third parties who were provided with
or had access to such User Content prior to your deleting it from the Company Services, and
(ii) termination of your account or your use of the Company Services will not result in the
immediate or automatic deletion of your User Content consistent with this Agreement. 

Removal of Material that Infringes Copyrights:

Company respects the intellectual property of others and requires that our users do the same.
Company will respond expeditiously to claims of copyright infringement and reserves the right
to remove or disable access to any Content that infringes the copyright of any person under the
laws of the United States upon receipt of a notice that substantially complies with the
requirements of 17 U.S.C. § 512(c)(3) as set forth below. Company also has a policy that

provides for the termination in appropriate circumstances of subscribers and account holders of
Company Services who are repeat infringers.

If you believe material on Company Services infringes your copyright or if you believe that any
material residing on or linked to from Company Services infringes your copyright, you must
send Company's designated Copyright Agent a written notification of claimed infringement that

Contains substantially all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative list of such
works;
(b) identification of the claimed infringing material and information reasonably sufficient
to permit us to locate the material on the Company Services (such as the URL(s) of the
claimed infringing material); 
(c) information reasonably sufficient to permit us to contact you, such as an address,
telephone number, and an email address;
(d) a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
(e) a statement by you that the above information in your notification is accurate and a
statement by you, made under penalty of perjury, that you are the owner of an exclusive
right that is allegedly infringed or are authorized to act on the owner's behalf; and
(f) your physical or electronic signature. Company’s Copyright Agent for notification of
claimed infringement can be as follows:

Somos Music
c/o Francisco Villanueva
2601 S. Bayshore Drive, Suite 1250
Miami, FL 33133
E-Mail: fvillanueva@somosdistribution.net
Phone: (786) 220-0280

This contact information is exclusively for the purpose of notifying Company of claimed
infringement. Please be advised that requests sent to the Copyright Agent without the
appropriate subject line or for purposes other than communication about copyright claims may
not be reviewed or responded to.

If you posted material to Company Service that was removed due to notice by a copyright
owner; or if you posted material to Company Services that Company removed due to a notice
of claimed infringement from a copyright owner, Company will take reasonable steps promptly
to notify you that the material has been removed or disabled. This notice may be by means of a

general notice on the Site or Company Service or by written or electronic communication to
such address(es) you have provided to Company, if any.

You may provide counter-notification in response to such notice in a written communication
directed to the Copyright Agent as described above, that includes the following: 

(i) identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed or
access to it was disabled;
(ii) a statement by you, under penalty of perjury, that you have a good faith belief that
the material was removed or disabled as a result of mistake or misidentification of the
material to be removed or disabled;
(iii) your name, address, telephone number, and a statement that you consent to the
jurisdiction of the Federal District Court for the judicial district in which your address is
located, or if your address is outside of the United States, for any judicial district in which
Company may be found, and that you will accept service of process from the person
who provided notification requesting the removal or disabling of access to the material
or such person’s agent; and
(iv) your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material
misrepresentations in a notification of claimed infringement or any counter-notification
may be liable for damages.

Your Exposure to Others’ User Content:

You understand that Company does not control the User Content posted by users via the
Company Services and, as such, you understand you may be exposed to offensive, inaccurate
or otherwise objectionable User Content. Company assumes no responsibility or liability for this
type of Content. If you become aware of any misuse of the Company Services, including in
violation of any “Restrictions on Use of Company Services,” please report it immediately to
Company by writing to info@somosproductions.net, and submitting a query with “Questions
about Terms of Use” as the subject line and your full name, email address, and specific
Company Service your question pertains to in the body of the request. Company assumes no
responsibility for monitoring the Company Services for inappropriate User Content or user
conduct. If at any time, Company chooses in its sole discretion to monitor the Company
Services, Company nonetheless assumes no responsibility for Content other than Company
Content, no obligation to modify or remove any inappropriate Content, and no responsibility for
the conduct of any user.

Third Party Links and Services:

The Company Services may provide, or third parties may provide, links to other websites,
applications, resources or other services created by third parties (“Third Party Services”). When

you engage with a provider of a Third-Party Service, you are interacting with the third party, not
with Company. If you choose to use a Third-Party Service and share information with it, the
provider of the Third-Party Service may use and share your data in accordance with its privacy
policy and your privacy settings on such Third-Party Service. Company encourages you not to
provide any personally identifiable information to or through any Third-Party Service unless you
know and are comfortable with the party with whom you are interacting. In addition, the
provider of the Third-Party Service may use other parties to provide portions of the application
or service to you, such as technology, development or payment services. Company is not
responsible for and makes no warranties, express or implied, as to the Third-Party Services or
the providers of such Third-Party Services (including, but not limited to, the accuracy or
completeness of the information provided by such Third Party Service or the privacy practices
thereof). Inclusion of any Third-Party Service or a link thereto on the Company Services does
not imply approval or endorsement of the Third-Party Service. Company is not responsible for
the content or practices of any websites other than the Company Services, even if the website
links to the Company Services and even if it is operated by a Company Affiliate or a company
otherwise connected with the Company Services. By using the Company Services, you
acknowledge and agree that Company is not responsible or liable to you for any content or
other materials hosted and served from any website or service other than the Company
Services. When you access Third Party Services, you do so at your own risk.
Company takes no responsibility for third party advertisements which are posted on the Site or
other Company Services, nor does it take any responsibility for the goods or services provided
by its advertisers.

Inter-User Disputes:

You are solely responsible for your interactions with other users of the Site and other Company
Services, providers of Third-Party Services, Processors or any other parties with whom you
interact on, through or in connection with the Company Services. Company reserves the right,
but has no obligation, to become involved in any way with any disputes between you and such
parties.

Privacy:

Use of the Company Services is also governed by our Privacy Policy located at [link to privacy
policy, which is incorporated into and is a part of this Agreement by this reference.
Disclaimers:

THE COMPANY SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND
COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM
USE OF OR CONTINUOUS AVAILABILITY OF THE COMPANY SERVICES. TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY
DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-

INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR
COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
COMPANY MAKES NO WARRANTY THAT YOUR USE OF THE COMPANY SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO
THE COMPANY SERVICES WILL BE CORRECTED, THAT THE COMPANY SERVICES
OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU
ON, THROUGH OR IN CONNECTION WITH THE COMPANY SERVICES OR THIRD
PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR
THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR
COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE
COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING
BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR
DEATH) RESULTING FROM USE OF THE COMPANY SERVICES, PROBLEMS OR
TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE COMPANY
SERVICES, ATTENDANCE AT A COMPANY EVENT, ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED IN CONNECTION WITH THE COMPANY SERVICES, ANY USER
CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE
TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE COMPANY SERVICES,
OR THE CONDUCT OF ANY USERS OF THE COMPANY SERVICES, WHETHER ONLINE
OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS,
THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD
PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE COMPANY SERVICES,
AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH,
MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOU ASSUME
RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR
THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR
COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION
OF LOST DATA NECESSITATED BY YOUR USE OF THE COMPANY SERVICES. 

Limitation of Liability:

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S 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, IF ANY, BY YOU TO COMPANY
FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY
SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY
WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER
THAN THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY
SERVICES DURING THE TERM OF YOUR USE OF THE COMPANY SERVICES,
INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND

INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR
USE OF OR INABILITY TO USE THE COMPANY SERVICES. 
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT
OF COMPANY’S ACTS OR OMISSIONS OR YOUR USE OF SITE.COM OR THE
COMPANY SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE
YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE
AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF
SITE.COM OR THE COMPANY SERVICES.
THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH
DAMAGES.

United States Jurisdiction:

Company provides the Company Services in the United States of America. Company does not
represent that the Company Content or the Company Services are appropriate (or, in some
cases, available) for use in other locations. If you use the Site or the Company Services from a
jurisdiction other than the United States, you agree that you do so of your own initiative, and
you are responsible for complying with local laws as applicable to your use of the Site or the
Company Services. 

Not all of the Site Products are available worldwide or nationwide, and Company makes no
representation that you will be able to obtain any Site Product in any particular jurisdiction,
either within or outside of the United States.

U.S. Export Controls:

Software available in connection with the Company Services is further subject to United States
export controls. No such software may be downloaded from the Company Services or
otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such
software is at your sole risk.

Arbitration Agreement and Class Action Waiver:

(1) Company, including its Company Affiliates, agents, employees, predecessors in interest,
successors, and assigns, and you agree that any Dispute (as defined herein) between you and
Company, regarding any aspect of your relationship with Company, will be resolved in a
binding, confidential, individual and fair arbitration process, and not in court.  Each of you and
Company agrees to give up the right to sue in court. 
(2) The term “Dispute” is to be given the broadest possible meaning that will be enforced, and
shall include any dispute, claim, demand, count, cause of action, or controversy between you
and Company, whether based in contract, statute, regulation, ordinance, tort (including, but not

limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional
tort), or any other legal or equitable theory.  The term “Dispute” specifically includes, but is not
limited to, any disputes, actions, claims, or controversies between you and the Company that
arise from or in any way relate to or concern any products or services provided by Company
including but not limited to the Company Services (as defined above), this Arbitration
Agreement, any other aspect of these Terms of Use (including their applicability and their
conformance to applicable law), any billing disputes, and any disputes relating to telephonic,
text message, or any other communications either of us received from the other.  The only
exceptions to this Arbitration Agreement are that (i) each of you and Company retains the right
to sue in small claims court and (ii) each of you and Company may bring suit in court against
the other to enjoin infringement or other misuse of intellectual property rights.  Disputes over
whether these exceptions apply shall be resolved by the court in which such action has been
brought; all other disputes over arbitrability shall be resolved by the arbitrator. 
(3) Each of you and Company also agrees to give up the ability to seek to represent, in a
class action or otherwise, anyone but each of you and Company (see paragraph 9
below).  
(4) There is no judge or jury in arbitration, and court review of an arbitration award is limited. 
An arbitrator must follow this Agreement.  The arbitrator, however, can award on an individual
basis the same damages and relief as a court (including injunctive and declaratory relief, or
statutory damages) provided that they are recoverable under this Agreement.  
(5) This Agreement evidences a transaction in interstate commerce, and thus the Federal
Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration
Agreement.  This Arbitration Agreement shall survive termination of this Agreement.
(6) Any arbitration between you and Company will be conducted by the Judicial Arbitration and
Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules &
Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this agreement to
arbitrate.  The arbitration shall be conducted by a single, neutral arbitrator, and if you and
Company cannot agree on who that single arbitrator will be, the arbitrator will be appointed
pursuant to the JAMS Rules, with the participation and involvement of Company and you
pursuant to JAMS Rule 12.  The JAMS Rules are available on its website at
https://www.jamsadr.com/consumer-minimum-standards/.  The Consumer Arbitration
Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
The arbitrator is bound by the terms of this Agreement.
(7) If either you or Company wants to arbitrate a claim, you or Company must first send by mail
to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact
information of the party giving notice, the specific facts giving rise to the Dispute, the Company
Service to which the Notice relates, and the relief requested.  Your Notice to the Company
must be sent by mail to: Arbitration Notice of Dispute, info@somosproductions.net.  The
Company will send any Notice to you at the contact information we have for you or that you
provide.  It is the sender’s responsibility to ensure that the recipient receives the Notice.  During
the first 45 days after you or we send a Notice to the other, you and we may try to reach a
settlement of the Dispute. 

(8) If you and we do not resolve the Dispute within 45 days, either you or we may initiate
arbitration in accordance with the JAMS Rules.  Further instructions on submitting a Demand
for Arbitration may be found
at http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.  In
addition to filing this Demand for Arbitration with JAMS in accordance with its rules and
procedures, you must send a copy of this completed Demand for Arbitration to the Company at
the address listed above to which you sent your Notice of Dispute. 
 
(9) You and the Company acknowledge and agree to abide by the following rules for
arbitration:

(a) YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR MULTI-
CLAIMANT PROCEEDING, AND THE ARBITRATOR SHALL HAVE NO POWER TO
AWARD CLASS-WIDE RELIEF;
(b) the Company will pay arbitration costs as required by the JAMS Consumer
Arbitration Minimum Standards and consistent with this Agreement;
(c) the arbitrator may award any individual relief or individual remedies that are
permitted by applicable law and the terms of this Agreement; and
(d) each side pays his, her or its own attorneys' fees, except as otherwise
provided below.
(10) JAMS charges filing and other fees to conduct arbitrations.  Ordinarily, the claimant has to
pay the filing fee to initiate arbitration, but if you wish to commence an arbitration against
Company, you and the Company acknowledge and agree to abide by the following:
 If you are seeking to recover less than $10,000 (inclusive of attorneys’ fees), Company will pay
the filing fee on your behalf or reimburse your payment of it.
 If you are seeking to recover $10,000 or more, you will have to pay the filing fee charged by
JAMS, but Company will reimburse the filing fee if you prevail on all claims decided upon by the
arbitrator.
 Company and you agree that, if the claims to be arbitrated total less than $10,000 (inclusive of
attorneys’ fees), the claim ordinarily should be decided on written submissions only, without a
telephonic or in-person hearing. Company will not request a hearing for any claims totaling less
than $10,000.  This provision shall not be construed by the arbitrator to deprive you of any
rights you may have to a telephonic or in-person hearing in your hometown area pursuant to
the JAMS Rules.
 Company and you agree that, if the claims to be arbitrated total $10,000 or more, the arbitration
will occur in a manner and place consistent with the JAMS Rules.

(11) Regardless of how the arbitration proceeds, each of you and Company shall cooperate in
good faith in the exchange of non-privileged documents and information as necessary in
accordance with the JAMS Rules, and the arbitrator shall issue a reasoned written decision
sufficient to explain his or her findings and conclusions.
(12) Each of you and Company may incur attorneys’ fees during the arbitration.  Each side
agrees to pay his, her or its own attorneys' fees unless the claim(s) at issue permit the
prevailing party to be paid its attorneys' fees, and in such instance, the fees awarded shall be
determined by the applicable law(s). In addition to whatever rights you may have to recover
your attorneys’ fees under applicable law, if you prevail in the arbitration, and if Company failed
to make a settlement offer to you before the arbitration or the amount you win is at least 25%
greater than Company’s highest settlement offer, then Company will pay your reasonable
attorneys’ fees in addition to the amount the arbitrator awarded.  If Company wins the
arbitration, you will be responsible for your own attorneys’ fees.  In addition, if the arbitrator, at
the request of the winning party, finds that the losing party brought a claim or asserted a
defense frivolously or for an improper purpose, then regardless of the amount in dispute, the
arbitrator must order the losing party to pay both sides’ arbitration fees and may order the
losing party to pay the winning party’s reasonable attorneys’ fees, unless such an award of fees
is prohibited by applicable law.
(13) The arbitrator may award declaratory or injunctive relief only in favor of the individual party
seeking relief, only to the extent necessary to provide relief warranted by that party's individual
claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive
relief are permitted by this Agreement.  The arbitrator shall have no authority to award punitive,
exemplary, multiplied or consequential damages or any other relief not allowed under this
Agreement.  The arbitrator also may not order Company to pay any monies to or take any
actions with respect to persons other than you, unless Company explicitly consents in
advance, after an arbitrator is selected, to permit the arbitrator to enter such an order.  Further,
unless Company expressly agrees, the arbitrator may not consolidate other persons’ claims
with yours, and may not otherwise preside over any form of a representative, multi-claimant or
class proceeding. 
(14) You and Company agree to maintain the confidential nature of the arbitration proceeding
and shall not disclose the fact of the arbitration, any documents exchanged as part of any
mediation,  proceedings of the arbitration, the arbitrator’s decision and the existence or amount
of any award, except as may be necessary to prepare for or conduct the arbitration (in which
case anyone becoming privy to confidential information must undertake to preserve its
confidentiality), or except as may be necessary in connection with a court application for a
provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the
award, or unless otherwise required by law or court order. In keeping with the confidential
nature of the arbitration, You and Company agree that an order confirming award is only
necessary if the obligations of the award have not been performed.  Therefore, before taking
any steps to confirm the arbitration award, the party seeking confirmation of the award must
give the other party notice of its intention to confirm the award.  If the party who would be the
respondent in any such confirmation proceeding performs its obligation under the terms of the

arbitration award within 15 business days of such notice, the party who gave notice of its intent
to confirm the award shall not seek to confirm or otherwise enforce the award.
(15) With the exception of subpart (a) in paragraph (9) (i.e., the waiver of the ability to proceed
on behalf of multiple claimants or a purported class), if any part of this Arbitration Agreement is
deemed invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall
remain in effect and be construed in accordance with its terms as if the invalid, unenforceable,
or illegal provision were not contained. If, however, subpart (a) in paragraph (5) is found invalid,
unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void,
but the rest of this Agreement, including the provisions governing where actions against
Company must be pursued, the choice of governing law, and our mutual waiver of the right to a
trial by jury, will remain in effect and apply to any claim that, for this or any other reason,
proceeds in court rather than in arbitration.

Governing Law:

This Agreement will be governed by, and construed in accordance with, the laws of the State of
Florida, without regard to its conflict of law provisions.
Except with respect to Disputes to be resolved through an arbitration process in accordance
with the Arbitration Agreement contained above, you and Company agree to submit to the
exclusive jurisdiction of the courts located in Miami-Dade County, Florida to resolve any
Dispute arising out of the Agreement or the Company Services. YOU HEREBY KNOWINGLY,
VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL
BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY
CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT
OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR
RELATED TO THIS AGREEMENT, THE SITE OR THE COMPANY SERVICES MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES.
AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Indemnity:

You agree to indemnify and hold Company, its Company Affiliates, stations affiliated with
Company, producers of Company content, each advertiser, sponsor and their advertising
agencies, subcontractors and other partners, and their respective officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand, including, but not limited to,
reasonable attorneys' fees, made by any third party due to or arising out of or in connection
with your use or misuse of the Site or the Company Services (including, without, limitation, any
use of your account, whether or not authorized by you), your breach of this Agreement, your
violation of any rights of another or any Content that you Transmit through the Company
Services.

Unsolicited Submissions:

​

Company does not knowingly accept, via the Company Services or otherwise, unsolicited
submissions including, without limitation, submissions by you of blog ideas, articles, scripts,
story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or
concepts. Company requests that you do not make any unsolicited submissions. Any similarity
between an unsolicited submission and any elements in any Company or Affiliated Company
creative work including, without limitation, a film, series, story, title or concept would be purely
coincidental. If you do send any submissions to Company via the Company Services that are
unsolicited (including but not limited to any Forum), however, you agree that (i) your unsolicited
submissions are not being made in confidence or trust and that by making such submissions
no contractual or fiduciary relationship is created between you and Company; (ii) any such
unsolicited submissions and copyright become the property of and will be owned by Company
(and are not User Content licensed by you to Company under “Your Proprietary Rights in and
License to Your User Content”) and may be used, copied, sublicensed, adapted, transmitted,
distributed, publicly performed, published, displayed or deleted as Company sees fit; (iii) you
are not entitled to any compensation, credit or notice whatsoever in connection with such
submissions; and (iv) by sending an unsolicited submission you waive the right to make any
claim against Company or Company Affiliates relating to any unsolicited submissions by you,
including, without limitation, unfair competition, breach of implied contract or breach of
confidentiality.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.