24SIX SERVICE TERMS OF USE

  1. INTRODUCTION

    Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) 24Six digital platform services for streaming music and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "24Six Service") and any music, videos, podcasts, or other material that is made available through the 24Six Service (the "Content").

    Use of the 24Six Service may be subject to additional terms and conditions presented by 24Six, which are hereby incorporated by this reference into these Terms.

    By signing up for, or otherwise using, the 24Six Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the 24Six Service or access any Content.

    These terms contain a mandatory arbitration provision that, as further set forth in section 6 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

    Service Provider

    These Terms are between you and Kosher Media Entertainment and Distribution LLC d/b/a 24Six.

    Age and eligibility requirements

    By using the 24Six Service, you affirm that you are 18 years or older to enter into these terms, or, if you are not, that you are 13 years or older and have obtained parental or guardian consent to enter into these Terms. Additionally, in order to use the 24Six Service and access any Content, you represent that: any registration and account information that you submit to 24Six is true, accurate, and complete, and you agree to keep it that way at all times.

  2. THE 24SIX SERVICE PROVIDED BY US

    24Six Service Options

    We provide numerous 24Six Service options. 24Six Service options require payment before they can be accessed (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.

    Third-Party Applications, Devices and Open Source Software

    The 24Six Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third- Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. 24Six does not guarantee that Third-Party Applications and Devices will be compatible with the 24Six Service.

    Service Limitations and Modifications

    We use reasonable efforts to keep the 24Six Service operational and to provide you with a personalized, immersive audio and visual experience. However, our service offerings and their availability may change from time to time, without liability to you; for example: (a) The 24Six Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements; (b) We aim to evolve and improve the 24Six Service constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the 24Six Service (including particular functions, features, and subscription plans); (c) 24Six has no obligation to provide any specific content through the 24Six Service, and 24Six or the applicable owners may remove particular songs, videos, podcasts, and other Content without notice.

    If you have prepaid fees directly to 24Six for a Paid Subscription that 24Six permanently discontinues prior to the end of your Pre-Paid Period (as that term is defined in the Payments and cancellations section below), 24Six will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.

    24Six has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.

  3. YOUR USE OF THE 24SIX SERVICE

    Creating a 24Six Account

    You must create a 24Six account to use the 24Six Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

    24Six may reclaim, or require you to change, your username for any reason.

    Your Rights to Use The 24Six Service

    Access to the 24Six Services - Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the 24Six Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or 24Six. You agree that you will not redistribute or transfer the 24Six Service or the Content.

    The 24Six software applications and the Content are licensed, not sold or transferred to you, and 24Six and its licensors retain ownership of all copies of the 24Six software applications and Content even after installation on your Devices.

    24Six's Proprietary Rights - The 24Six Service and the Content are the property of 24Six or 24Six's licensors. All 24Six trademarks, service marks, trade names, logos, domain names, and any other features of the 24Six brand ("24Six Brand Features") are the sole property of 24Six or its licensors. These Terms do not grant you any rights to use any 24Six Brand Features whether for commercial or non- commercial use.

    Payments and cancellation

    Billing - You may purchase a Paid Subscription directly from 24Six by paying a subscription fee plus applicable taxes in advance on a monthly basis or yearly basis. Tax rates are calculated based on the information you provide and the applicable rate at the time of your yearly charge.

    Price and tax changes – 24Six may from time to time make changes to Paid Subscriptions, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the 24Six Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect. Tax rates are based on the rates applicable at the time of your monthly or yearly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

    Renewal and Cancellation

    Your payment to 24Six for the Paid Subscription will automatically renew at the end of each month or year, as applicable, unless you cancel your Paid Subscription before the end of the subscription period. Contact our Customer Support for instructions on how to cancel. The 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.

  4. CONTENT RIGHTS

    Licenses that you grant to us

    Your Device - You grant to us the right (1) to allow the 24Six Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the 24Six Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.

    Content experience

    In any part of the 24Six Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including 24Six's agreements with third parties.

    Some Content licensed by, provided to, created by, or otherwise made available by 24Six (e.g., podcasts or shows) may incorporate advertising or other promotional messages.

  5. PROBLEMS AND DISPUTES

    Suspending and terminating the 24Six Service

    These Terms will continue to apply to you until terminated by either you or 24Six. 24Six may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the 24Six Service at any time if we believe you have breached any of these Terms, if we stop providing the 24Six Service or any material component thereof, or as we believe necessary to comply with applicable law. If you or 24Six terminate these Terms, or if 24Six suspends your access to the 24Six Service, you agree that 24Six shall have no liability or responsibility to you, and (except as expressly provided in these Terms) 24Six will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you will be unable to access the 24Six Service beyond the period for which you have already paid.

    Warranty disclaimers

    THE 24SIX SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FURTHER, 24SIX AND ALL OWNERS OF THE CONTENT DISCLAIM ANY EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE CONTENT, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER 24SIX NOR ANY OWNER OF CONTENT WARRANTS THAT THE 24SIX SERVICE OR CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, 24SIX MAKES NO REPRESENTATION REGARDING, NOR DOES IT WARRANT OR ASSUME ANY RESPONSIBILITY FOR, ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE 24SIX SERVICE OR ANY HYPERLINKED WEBSITE, AND 24SIX IS NOT RESPONSIBLE FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM 24SIX SHALL CREATE ANY WARRANTY ON BEHALF OF 24SIX. WHILE USING THE 24SIX SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    Limitation of liability and time for filing a claim

    You agree that your sole and exclusive remedy for any problems or dissatisfaction with the 24Six Service is to uninstall any 24Six software and to stop using the 24Six Service. You agree that 24Six has no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the 24Six Service, and while your relationship with such third- party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to 24Six, for any problems or dissatisfaction with any third-party applications or the content thereof, is to uninstall or stop using such third-party applications.

    In no event will 24Six, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; and (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the 24Six Service, devices, third-party applications, or third-party application content, regardless of legal theory, without regard to whether 24Six has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the 24Six, third-party applications, or third-party application content more than the greater of (a) the amounts paid by you to 24Six during the twelve months prior to the first claim; or $30.00.

    Indemnification

    You agree to indemnify and hold 24Six harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional 24Six terms and conditions incorporated herein); (2) any activity in which you engage on or through the 24Six Service; and (3) your violation of any law or the rights of a third party.

  6. GOVERNING LAW, MANDATORY ARBITRATION

    Governing law and jurisdiction

    These Terms are governed by and shall be construed in accordance with the laws of Orthodox Judaism, as determined by the arbitrators set forth in the proceeding section. In the event that any dispute, claim, or controversy arises in connection with these Terms or 24Six Service that is not subject to mandatory arbitration under the Arbitration Agreement below, then such matter shall be subject to the State of New York, United States of America, without regard to New York's choice or conflicts of law principles and each party agrees to the jurisdiction of the federal and state courts located in New York County, New York, to resolve such dispute. NOTHING HEREIN SHALL BE CONSTRUED TO CREATE A RIGHT TO LITIGATION OR OTHERWISE UNDERMINE THE ARBITRATION AGREEMENT SET FORTH BELOW.

    Dispute Resolution and Arbitration Agreement

    Any claim arising under these terms must be commenced by filing a demand for arbitration or filing an individual action under the arbitration agreement below within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. The parties expressly agree that any and all disputes or controversies arising out of this Agreement, its performance, or the alleged breach thereof, if not disposed of by agreement, shall be submitted for resolution by binding arbitration before the Beth Din of America (https://bethdin.org/). If the Beth Din of America is not available or otherwise unable to adjudicate the dispute, the parties shall engage in the process known as “Zabla” whereby each parties designates one rabbinical court judge and those judges jointly designate a third judge. The decision of the arbitrators shall be final and conclusive on the parties and shall be a bar to any suit, action or proceeding instituted in any federal, state or local court or before any administrative tribunal. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.

    Enforceability

    If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the 'Governing law and jurisdiction' section above shall govern with respect to any aspect of any dispute, claim or controversy that, as a result of such invalidation, is no longer governed by this Arbitration Agreement

  7. PRIVACY POLICY

    We are committed to protecting your personal information and your right to privacy. When you use the 24Six Service, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. If there are any terms in this privacy policy that you do not agree with, please discontinue use of the 24Six Service. This privacy policy applies to all information collected through our mobile application (“Apps“), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “Services“).

    What Information Do We Collect?

    Personal information you disclose to us. We collect personal information that you voluntarily provide to us when registering at the Services or Apps. The personal information we collect can include the following:

    • Publicly Available Personal Information. We collect first name, last name, and birthday; phone numbers; email addresses; business email; family member names and their related information.
    • Personal Information Provided by You. We collect financial information (credit card number, purchase history, invoices); and other similar data.
    • Information collected through our Apps

    If you use our Apps, we may also collect the following information:

    • Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s camera, contacts, social media accounts, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
    • Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
    • Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.

    How Do We Use Your Information?

    We use personal information collected via our Services or Apps for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below. We use the information we collect or receive:

    • To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual.
    • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
    • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
    • To deliver services to the user. We may use your information to provide you with the requested service.
    • To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.

    Will Your Information Be Shared with Anyone?

    Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.

    Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

    Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

    Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

    Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved. More specifically, we may need to process your data or share your personal information in the following situations:

    • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
    • Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services or Apps.

    How Long Do We Keep Your Information?

    We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than the period of time in which users have an account with us. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

    How Do We Keep Your Information Safe?

    We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services or Apps is at your own risk. You should only access the services within a secure environment.

    Prohibited Behavior

    You agree to use the App solely for your own lawful personal or business needs. You are responsible for all content, including photographs, images, video and audio content that you transmit, disclose, disseminate or otherwise distribute, or content that you elicit and/or collect and/or store using the Application (collectively, “User Content”) and you shall not take any unlawful or improper actions with respect to such User Content in our violation or any third parties’ rights or applicable laws. You agree not to use the App to engage in any of the Prohibited Behavior. The content transmitted or distributed through the App may not be appropriate or satisfactory for your use, and you should verify all content before relying on it.

    What Are Your Privacy Rights?

    Account Information: If you would at any

    • Log into your account settings and update your user account.
    • Contact us using the contact information provided.

    Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

    Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services or Apps.

    Data Breach

    A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when 24Six believes you are likely to be at risk or serious harm.

  8. ABOUT THESE TERMS

    Changes

    We may make changes to these Terms (including any additional 24Six terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the applicable 24Six Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message or other prominent notice within the Service, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. Your use of the 24Six Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using the 24Six Service under the updated Terms, you may terminate your account by contacting us.

    Entire agreement

    Other than as stated in this section or as explicitly agreed upon in writing between you and 24Six, these Terms constitute all the terms and conditions agreed upon between you and 24Six and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.