END USER LICENSING AGREEMENT AND TERMS OF SERVICE – PLUSMUSIC
Last Updated: January 3, 2024
ANY PERSON OR ENTITY ("User" or “you”) USING OR OTHERWISE ACCESSING THE APP KNOWN AS “PlusMusic” or “PlusMusic Premium” AND/OR THE SITE AT gamer.plusmusic.ai (together the “Site”) OR ANY OF THE CONTENT AND/OR DATA AVAILABLE VIA THE SITE MUST AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND ALL RELEVANT TERMS AND INFORMATION AVAILABLE ON THE SITE FROM TIME TO TIME (together, the "User Agreement").
1. Contracting parties. The Site, together with all software, content, data and other materials contained therein (“Content”) are owned or controlled by Look Sharp Labs Inc, a Delaware company registered in Delaware and trading from its offices at 600 B St, San Diego, CA 92101, USA. Look Sharp Labs Inc is referred to in these terms and conditions as "we", "us", "our" or “PlusMusic”. When you register with PlusMusic (or otherwise access the Site), you are contracting with Look Sharp Labs Inc. By registering, you warrant that you are 13 years of age or older, have parent or guardian consent (if you are a minor in your home country), and are legally capable of entering into binding contracts and that you have agreed to be bound by this User Agreement. Please note that the Service (or certain parts of the Service) may not be available in certain countries or via certain platforms. By installing, copying, or otherwise using the Service or its software, you acknowledge that you have read and understood this User Agreement, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this User Agreement, do not install, copy, or use the Service, software or any music, images, video, text, or other material or Content available via the Service.
2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone else to gain access to any secured area of the Site; and to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other Users, or to seek to pass yourself off as another user. If you think someone else has obtained your account details, please let us know immediately via info@PlusMusic.ai and we will close your account as quickly as possible. Please note that you will be responsible to PlusMusic and to others for all activity that occurs under your PlusMusic account.
3. The PlusMusic Service. PlusMusic provides an online service for you to replace the music heard in certain video games with music selected by you User in order to personalize the experience on those games (“Service”). The Service is available on a recurring monthly or annual subscription basis or on a free ad-supported basis and is provided to you personally hereunder. You shall be fully liable for all acts and omissions of any third party that uses or administers the Service for you or on your behalf using your account. Users may be eligible for a free short-term trial of the subscription tier of the Service (“Trial”) subject to the terms of this User Agreement and the terms listed on the Site from time to time. A Trial provides you with access to the Service for the notified period, starting from the moment you accept the offer via the Site. By submitting payment details to PlusMusic, you accept the Trial offer and you agree to PlusMusic using your payment details for payments on an automatically-renewable basis to begin your subscription, unless you validly terminate your Trial in accordance with the terms listed on the Site before the end of the relevant period. You may accept the Trial offer only once, and PlusMusic reserves the right to withdraw, vary or cease the Trial at any time without notice or liability to you. Other details of the Service are set out on the Site and are regularly updated to reflect changes and improvements to the Service (and we reserve the right to modify the features and content of the Service and/or the terms of paid subscriptions at any time for any reason).
4. License. Subject to the terms of this User Agreement (and payment of all required Fees), PlusMusic grants to you a personal, non-exclusive, non-transferable, limited and revocable license to use the Service (and the Content solely via the Service) for your own non-commercial purposes, for the applicable duration (“Term”). The Service is not for any public or any third party use outside of the Site. The rights granted hereunder do not and will not include: (i) sale or sub-licensing of any Content; (ii) distribution or posting or other provision to any third party of Content, via the internet or any mobile network or device or any other method (including without limitation by way of broadcasting, playing, presenting, sharing, making available or other technical means); and/or (iii) advertising-related use of Content or any other use which may constitute infringement of so-called “Moral Rights” including without limitation any use which could be considered a promotion or encouragement of any brand, product or service. The Service and any related software may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your personal, non-commercial entertainment use and you understand and acknowledge that your rights with respect to Content is limited by applicable copyright law.
5. Termination. You may terminate this User Agreement at any time (and in such case you may not continue to access or use the Service). Without prejudice to any other rights or remedies hereunder, we may terminate this User Agreement in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable, or if you use any Content in a manner inconsistent with the terms hereunder or which otherwise may constitute infringement of any rights of PlusMusic or its licensors. Immediately upon any termination hereof: (a) any unpaid Fee(s) shall remain payable in full (for the full period of each license granted); User shall not be entitled to any refund; and (b) User shall cease use of the Service and Content and shall delete all copies of Content in User's possession or control (if any). In addition and without prejudice to the other rights and remedies available hereunder, PlusMusic reserves the right to suspend provision of services in the event of an actual or suspected breach of this User Agreement or other unauthorized use of the Service. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
6. Fees and Automatic Renewal. In consideration for provision of the premium subscription tier of the Service, you undertake to pay all required fees as set out from time to time on the relevant pages of the Site (“Fees”) Please note that Fees as stated on the Site may be inclusive of VAT and/or sales tax, or in some cases (such as in the US and other certain countries) sales tax may be an additional charge. Fees must be paid in full in advance of the applicable subscription period and the license granted therefore is subject to payment of Fees. Any costs or extra fees incurred for funds transfers or payment services are payable by you. Each subscription will automatically renew at the end of the applicable subscription period, unless canceled before the end of the then-current subscription period. You may contact our Support team via info@PlusMusic.ai for assistance with or instructions on how to cancel. Any cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms. All amounts listed on the Site are inclusive of Value Added Tax and other similar sales taxes and duties unless otherwise noted (and all sums must be paid free and clear of any withholding tax and without deduction of any kind). Any and all sums received by PlusMusic hereunder are non-refundable to the fullest extent of applicable law. Please note that Fees are subject to change by posting new Fees on the Site at any time.Subject to applicable law, by continuing to use the Service after a price change has taken effect, you are deemed to accept the new price. If you do not agree to a price change, you may cancel your subscription prior to the price change coming into effect. Tax rates are based on rates applicable at the time of your monthly charge but such amounts may change at any time pursuant to local tax requirements and any such change will be automatically applied based on the account information you provide. We reserve the right to suspend the Service (or your use of the Service) at any time if collection of the Fees is not commercially or practically viable for any reason. PlusMusic reserves the right to terminate, or restrict or limit the scope of, any license hereunder in the event of failure by a User to timely pay the Fees (or renewal amounts). Please note that, unless otherwise specifically requested by you in writing at the relevant time, following any cancellation or expiry of you subscription your account hereunder will revert to the free ad-supported version of the Service.
7. Payment. Payment of Fees may be made by credit or debit card using the payment solutions listed on the Site from time to time). All transactions shall be charged immediately. Credit/debit cardholders are subject to validation checks and authorisation by the card issuer. We are not responsible for your card issuer or bank charging you as a result of us processing your credit/debit card payment in accordance with your order nor are we not obliged to inform you of any reason for refusal. By using your credit or debit card, you confirm that the card belongs to you and that there are sufficient funds or credit available to cover the charges. Fees may be listed on the Site in local currency in some instances but all payments hereunder will be processed in US dollars (subject to currency exchange rates and costs where applicable).
8. Right of Cancellation. You acknowledge and accept that, if you stream any Content or use the Service in any way during the period of your paid subscription, you will no longer have any right to cancel that subscription, save that nothing hereunder is intended to affect your statutory rights to cancel under applicable local law.
9. User Accounts. You may be provided access via the Site to a unique online portal (“User Account”) through which you may receive from and provide to PlusMusic certain information regarding your account and your use of the Service, including accounting information showing Fees paid and payable.
10. Technical Requirements. You agree to use the Service in accordance with any technical guidelines that may be provided to you (and/or modified by us) from time to time. We shall not be held responsible for any provision of service or electronic delivery that is incompatible with your operating system or other problems specific to your device. PlusMusic reserves the right to impose limited periods of downtime for maintenance or other interruptions for commercial reasons without prior notice. Specifically, you accept and agree that the Service may be interrupted from time to time due to technical or other issues caused by a telecoms or internet service provider or by network congestion, and that PlusMusic may temporarily suspend provision or operation of the Service for reasonable carrying out of periodic maintenance where necessary or where preferable to improve the Service. PlusMusic will use reasonable efforts to provide prior notice where practicable but you expressly agree that PlusMusic shall not be liable for any loss resulting from any such downtimes or interruptions. If you are in doubt as to whether or not the Service is suitable for your requirements, please carefully evaluate the Service before registering as a User. Nothing herein affects your statutory rights.
11. Content. Save for third-party content that Users may access using the Service, PlusMusic owns or controls all relevant intellectual property rights in the Site and the Content. Whilst we endeavor to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change at short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. You may not publish, (re)distribute, extract, re-utilise, transfer, assign, sub-license or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content or under applicable local law. The Site and the Content are intended only for the purposes specified or implied therein, and your use of the Site and/or Content is entirely at your own risk. You acknowledge and agree that you will not acquire or be deemed to acquire under this User Agreement any ownership of any Intellectual Property Rights in the Service and/or any Content, and that any and all Intellectual Property Rights in and to the Service and any branding therein (including trademarks, brands and logos) belong to PlusMusic and/or its licensors. Nothing in this User Agreement will transfer ownership, or any aspect of ownership in and to the Service, the Content, trademarks, brands or logos, to you or any third party. You agree and accept that any use of Content in any way that may be inconsistent with the terms of this User Agreement or in excess of the scope of the selected terms of the Service license will be treated as an unauthorized use of that Content (and each copyright work therein) and may result in a claim by PlusMusic (or a third party rightsholder) against you (or your related parties) for infringement of the copyright and/or other rights in such works.
12. User Conduct. You agree to obey all applicable laws when using the Service and agree that you are responsible for the content and/or communications you send to or initiate via the Site. You agree that you are responsible for everything that you transmit to or in relation to the Site and you specifically agree (in relation to the Site):
· not to participate in any form of activity or transmit any content or material which is (or might be likely to be) unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material or material that might infringe the rights of any other person;
· not to use the Site to engage in any commercial activities;
· not to publish your own (non-PlusMusic) details or those of anyone else;
· not to register more than one account for yourself or anyone else;
· not to input or transmit content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
· not to make any use of the Content that would infringe the copyright therein;
· not attempt to modify any software or Content obtained through the Service for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content or removing (or trying to remove) and “DRM” (digital rights management) information or metadata, save as permitted by applicable law;
· not to input or transmit content that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site;
· not to collect personal data about other Users (for any purpose);
· not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data or content from the Service;
· not to impose an unreasonable or disproportionately large load on our infrastructure;
· not to attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site; and
· not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Service or Content.
13. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content available anywhere on or via the Site, or if you believe that you are the owner of the copyright or other rights in any material appearing on the Site, or if you have any other complaint about the Site or any Content or other posted materials, please contact us via info@PlusMusic.ai (making sure to include both the Uniform Resource Locator for the non-complying content and the reasons you believe it does not comply). Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
14. Your Warranties. You warrant and represent that you have the right and authority to enter into this User Agreement and to perform your obligations hereunder. Additionally, you warrant and represent that (throughout the Term):
(i) you will use the Service solely for private personal, non-commercial entertainment purposes or your own device(s), and not for redistribution or transfer of any kind;
(ii) you will not amplify, transmit or retransmit the Service or any Content so as to be audible or viewed outside of your own personal space;
(iii) all information provided by you to PlusMusic is complete and accurate at all times;
(iv) you will comply with applicable law at all times;
(v) you will not use or attempt to use or access Content or any other part of the Service other than in accordance with the terms of the license granted hereunder;
(vi) you will not (and will not attempt to) reverse-engineer, decompile, disassemble, modify or otherwise circumvent the technology or any part of the Service;
(vii) you will not (and will not attempt to) make any recording or reproduction of, and will not stream or transmit or make available, any Content except as permitted hereunder;
(viii) you shall not (and shall not attempt to) redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Service; and
(ix) you will not provide login details or other information to any third party or otherwise assist or permit any unauthorized access to the Service. To the extent permitted under applicable law, the Service is provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability and/or fitness for a particular purpose.
You agree to indemnify us for any loss or damage that may be incurred by PlusMusic, including without limitation legal fees, arising from a breach by you of this User Agreement or your misuse of any material or information obtained through the Site or the Content. You undertake to inform us immediately if you become aware of any possible breach of this User Agreement by you or any connected party.
15. Our Warranties. PlusMusic warrants and represents that: (i) it has the right and authority to enter into this User Agreement and to perform its obligations hereunder; (ii) (save for third party content) it has the right to grant the license provided hereunder for access to and use of the Service and that all Intellectual Property Rights granted to you under such license are owned and controlled by PlusMusic or its licensors and that use by you of such rights in accordance with this User Agreement will not infringe the rights of any third party. Without limiting the foregoing, PlusMusic makes no warranty that: (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the use of the Service will be accurate, complete, reliable or effective; or (d) the quality of any content or services obtained by you from the Site, from us, or from any third parties' websites or applications to which the Site is linked, will meet your expectations or be free from mistakes, errors or defects. The use of the Service is at your own risk and with your agreement that you will be solely responsible for any loss or damage that results from such activities. Please note that PlusMusic makes no warranty or representation about the provision or availability at any particular item of Content and PlusMusic reserves the right to remove or cease provision or availability (with or without notice) of any Content at any time without liability to you.
The Service (including all software, content and other information, materials and products included on or otherwise made available to you through the Service) is provided "as-is" and "as available" without warranties of any kind from PlusMusic or any owners of content. To the full extent permissible by applicable law, PlusMusic and all owners of Content disclaim all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. Neither company nor any owner of content warrants that the service or any software, content, information, materials or products included on or otherwise made available to you through the service are free of viruses or other harmful components.
16. Liability. You agree that (subject to applicable law), your sole and exclusive remedy for any dissatisfaction or problem arising from or in connection with the Service is to uninstall and stop using the Site. Notwithstanding the foregoing, the total liability of PlusMusic to you hereunder shall be limited to the amount you have actually paid to us for its services hereunder or, if greater, US$100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. If either you or PlusMusic terminates this User Agreement, or if we terminate or suspend your subscription to the Service, you agree that, subject to applicable laws, PlusMusic shall have no liability to you. Nothing in this User Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of PlusMusic. Neither PlusMusic nor any owner of Content will be liable for any incidental, punitive, special or consequential damages of any kind arising from the use of the Service or from software, content, information, materials or products included on or otherwise made available to you through the Service, or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages.
17. Trade Marks. The brands, products and service names used in the Site, Service and/or the Content (including without limitation, “PlusMusic”) are trademarks or trade names of PlusMusic or its trading partners unless otherwise stated.
18. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/or the Content in any manner. If you in any way Interfere with these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site or the Content or otherwise attempts to defraud PlusMusic or any other parties through your use of the Site or the Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this User Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
19. Third Parties. You agree that the owners of the Content are intended beneficiaries of this User Agreement and shall have a right to directly enforce terms of this User Agreement against you. You further acknowledge and agree that, in relation to any use of the Service via third party software or a third party device, this User Agreement is between you and PlusMusic (not any third party) and no third party has any obligation to provide any maintenance or support for the Service, has no obligation to you in respect of the Service and is not responsible for addressing any claims by you or any third party relating to the Service (including without limitation product liability, regulatory requirements or consumer protections).
20. No Partnership. Your use of the Site, Service and/or the Content creates no partnership, client, fiduciary or other professional relationship.
21. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
22. Severance. If any part, term or provision of this User Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
23. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this User Agreement, shall operate as a waiver of any breach of the same or any other provision of this User Agreement.
24. Variation. This User Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site (or other such date as shown in such notice). Your continued use of the Site and/or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you. Where such variation or changed terms are materially detrimental to you, we will inform you in writing and such varied terms will be deemed accepted if you do not raise any objection in writing within 30 days of such notification.
25. Export Controls and Sanctions. Please note that the Service may be subject to export and/or re-export control laws in certain territories. Accordingly, you warrant that you are not located in any country which has embargoed goods or has otherwise applied any economic sanctions in relation to export or re-export of goods and/or services relating to the Service and that you are not a denied party (as specified in any such applicable export or re-export law). You further agree to comply with all such applicable laws (including without limitation by not using, selling, exporting, reexporting, transferring or otherwise disposing of any products, software, or technology (including products derived from or based on such technology) received from us under this User Agreement to any destination, entity, or person or for any end-use prohibited by applicable law (save with obtaining required prior authorisation).
26. Dispute Resolution. Certain portions of this Section 26 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and PlusMusic agree that we intend that this Section 26 satisfies the “writing” requirement of the Federal Arbitration Act. If any controversy, allegation or claim arises out of or relates to this User Agreement (“Dispute”) then you and we agree to send a written notice to the other providing a reasonable description of the Dispute along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we shall have no obligation under this Section 26. Any notice from you to us must be sent via email to info@PlusMusic.ai. For a period of sixty (60) days from the date of receipt of notice from the other party, PlusMusic and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or PlusMusic to resolve the Dispute on terms with respect to which you and PlusMusic, in each of our sole discretion, are not comfortable. BINDING ARBITRATION: If we cannot resolve a Dispute as set forth above (or agree to arbitration in writing with respect to a Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND PLUSMUSIC (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL TORT OR NEGLIGENCE, COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE OR ADVERTISING AVAILABLE ON OR THROUGH THE SERVICE. For US residents, the Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between PlusMusic and you regarding this User Agreement, including the “No Class Action Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. PlusMusic and you agree, however, that the applicable state, federal or provincial law, as contemplated hereunder, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and PlusMusic regarding this Agreement, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction’s choice of law principles. Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of PlusMusic consent to in writing. If an in-person arbitration hearing is required and you are a U.S. resident, then it will be conducted in San Diego, California. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require PlusMusic to pay a greater portion or all of such fees and costs in order for this Section 26 to be enforceable, then PlusMusic will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitration will be conducted by a single arbitrator who will apply and be bound by this User Agreement and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or the Service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com. NO CLASS ACTION MATTERS: YOU AND PLUSMUSIC AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in this Section 27 to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to this Section 27. Notwithstanding any other provision of this Section 12, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
27. Governing Law. This User Agreement shall be governed by and construed in accordance with, and any Dispute will be resolved in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute arising hereunder may only be instituted in state or Federal court in San Diego County, California. Accordingly, you and PlusMusic consent to the exclusive personal jurisdiction and venue of such courts for such matters.
28. Contacting Us. If you have any questions, please contact us via info@PlusMusic.ai.