Thank you for visiting the Odyssey Streaming Radio website located at www.odysseystreamingradio.com (the “Site”). The Site is an Internet property of V&T Communication Services, LLC (“Odyssey Streaming Radio,” “we” or “us”).

BY CLICKING ON THE “SUBMIT” BUTTON OR THE "CLICK HERE TO ACCEPT" BUTTON TO BECOME A MEMBER (“MEMBER”) OR BY DOWNLOADING OR USING ANY OF THE SERVICES OFFERED BY ODYSSEY STREAMING RADIO (INCLUDING, WITHOUT LIMITATION, THE STREAMING RADIO SERVICE, SOFTWARE OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY ODYSSEY STREAMING RADIO OR ANY SERVICES PROVIDED ON ANY OF THE WEBSITES MANAGED OR OWNED BY ODYSSEY STREAMING RADIO (COLLECTIVELY, THE “SERVICES"), YOU AGREE TO BE BOUND BY THESE ODYSSEY STREAMING RADIO TERMS AND CONDITIONS (“TERMS AND CONDITIONS”), THE ACCEPTABLE USE POLICY FOR THE SERVICES, THE ODYSSEY STREAMING RADIO PRIVACY POLICY AND ANY AND ALL OTHER APPLICABLE ODYESSY STREAMING RADIO OPERATING RULES, POLICIES, PRICE SCHEDULES AND OTHER SUPPLEMENTAL TERMS AND CONDITIONS OR DOCUMENTS THAT MAY BE PUBLISHED FROM TIME TO TIME, ARE EXPRESSLY INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY, THE “RULES").

IF YOU DO NOT AGREE TO BE BOUND BY THE RULES, YOU SHOULD DISCONTINUE REGISTRATION, OR YOUR USE OF, THE SERVICES AND DESTROY ALL COPIES OF ANY ODYSSEY STREAMING RADIO SOFTWARE. YOUR ODYSSEY STREAMING RADIO ACCOUNT WILL NOT BE ACTIVATED OR YOUR SERVICE WILL BE TERMINATED.

The most current version of the Rules may be found at the Site. Please review the Rules at the Site prior to accessing the Services since the Rules may have changed since the date that you last accessed the Site and/or Services. Odyssey Streaming Radio may change the Rules and the scope of the Services, in whole or in part, at any time without specifically notifying you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. Changes will be deemed effective upon posting or upon notice, whichever occurs sooner and your continued use of the Services following any effective changes constitutes your acceptance of all changes (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). If you do not agree to changes to the Rules or the scope of the Services, your sole and exclusive remedy will be to terminate your use of the Services, although if you have a prepaid account you will not have the right to terminate your use of the Services unless the change is material and adverse to you.

1. GENERAL:

The Rules are your entire agreement with Odyssey Streaming Radio and govern your use of the Services.

Billing Provisions
By signing up for the Services, you agree to accept and pay the fees described above. You agree that all such fees may be automatically applied to your landline or mobile telephone bill and that you have the authority to authorize such billing. You hereby authorize Odyssey Streaming Radio (or its partners and/or agents) to charge to the landline or mobile telephone number you provided to Odyssey Streaming Radio all such fees on a recurring or automatic basis. You acknowledge and agree that Odyssey Streaming Radio will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that Odyssey Streaming Radio is authorized to charge your landline or mobile telephone number and to have fees applied to your landline or mobile telephone billing system. If you have any billing-related questions or want to stop a recurring payment from being charged to your landline or mobile telephone bill account, call our billing support number: 877-209-4504.

By providing your mobile or landline telephone number and/or billing information, you agree that you are the mobile or landline telephone account owner, or eighteen (18) years of age or older and authorized to incur charges on the mobile or landline telephone account. You agree that all such fees may be automatically applied to your landline or mobile phone bill and that you have the authority to authorize such billing. In consideration for your use of the Services as a Member, you agree to pay the Fees (as defined below and further described in this Billing Section). You may have the choice to pay the Fees via the credit card or debit card that you provided during registration or updated at a later date (“Active Credit Card”), via your Mobile Carrier bill (“Mobile Bill”) or via your local telephone bill (“LEC Bill”). Where you opt for the Active Credit Card billing option, and upon submitting your Application, your Active Credit Card will be charged Fourteen Dollars and Ninety-Five Cents ($14.95) on a monthly basis for your ongoing Membership until cancelled (“CC Fees”). The CC Fees will appear on your Active Credit Card bill through the identifier “Odyssey Streaming Radio.” Where you opt for the LEC Bill billing option, and upon submitting your Application, a charge of Fourteen Dollars and Ninety-Five Cents ($14.95) will be added to your local telephone bill each month until cancelled (“LEC Fees”). The LEC Fees will appear on your local telephone bill through the identifier “Odyssey Streaming Radio.” Where you opt for the Mobile Bill billing option, and upon entering the confirmation PIN number on the PIN submit page on the Site, a charge of Eight Dollars and Ninety-Nine Cents ($8.99) will be added to your Mobile Carrier bill, or deducted from your prepaid Mobile Carrier account, as applicable, each month until cancelled (“Mobile Fees” and together with the CC Fees and LEC Fees, the “Fees”). The Fees will appear on your Mobile Carrier bill through the identifier “Odyssey Streaming Radio.” However, please be advised that Odyssey Streaming Radio and your local telephone carrier and/or Mobile Carrier, as applicable, are not affiliated. You agree that all such Fees may be automatically deducted from your prepaid account, applied to your Mobile Bill, LEC Bill or Active Credit Card account, as applicable, and that you have the authority to authorize such billing.

For so long as your Membership remains active, the Fees will accrue on the monthly anniversary date of your sign-up, and such Fees will be charged in advance. You acknowledge and agree that Odyssey Streaming Radio will not obtain additional authorization from you for each monthly installment of the Fees charged to your Active Credit Card, Mobile Bill or LEC Bill, as applicable. Every time that you use the Services, you re-affirm that Odyssey Streaming Radio is authorized to charge your Active Credit Card, Mobile Bill or LEC Bill, as applicable. You acknowledge and agree that Odyssey Streaming Radio will not obtain any additional authorization from you for this recurring payment. Every time you use the Services, you re-affirm that Odyssey Streaming Radio is authorized to charge your landline or mobile telephone number and to have fees applied to your landline or mobile telephone number. If you have any billing-related questions or want to cancel your subscription to the Services, please call our billing support number (877-209-4504).

You shall be responsible for paying any and all applicable sales tax (if any) due to all taxing authorities arising from, or in connection with, your use of the Services. All Fees are payable in United States currency. Failure to use the Services does not constitute a basis for refusing to pay any of the associated Fees. You agree to be bound by the pricing and billing practices of Odyssey Streaming Radio in effect at any given time. Upon prior written notice to you (with e-mail sufficing), Odyssey Streaming Radio reserves the right to change its pricing and/or billing practices whenever necessary, in its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes. If you do not agree with these changes, or for any other reason, you may cancel your Account at any time as set forth below. In the event you have prepaid for an extended period of time and we either terminate your Services account or we make a material change to the Services that adversely impacts you and you elect to terminate your Services account, as your sole and exclusive remedy you will be entitled to a refund for amounts prepaid to cover future periods from the date of termination. The amount prepaid will be based on the average monthly cost over the service period. If you pay for our services on a monthly basis, you will not be entitled to a refund if you elect to terminate your Services account.

Odyssey Streaming Radio's authorization to provide and bill its services is obtained by way of your electronic signature or other means via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency authorized by your electronic signature in accordance with the specific terms and conditions. Odyssey Streaming Radio's reliance upon your electronic signature, as obtained herein, was specifically sanctioned and written into law when the Uniform Electronic Transactions Act (UETA") and the Electronic Signatures in Global and National Transactions Act ("E-Sign") were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone you allow to use your account, including your children and other members of your family. This means that, unless your account information is obtained unlawfully or fraudulently by someone other than those authorized to use your account, you will be responsible for all usage and purchases under your account.

YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED BY ODYSSEY STREAMING RADIO AND BY YOUR TELEPHONE SERVICE PROVIDER FOR ALL CALLS YOU MAKE TO ODYSSEY STREAMING RADIO'S CUSTOMER SUPPORT LINES. CHECK WITH YOUR TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS TELEPHONE NUMBERS YOU USE TO ACCESS THE SERVICES ARE PROVIDED AT NO CHARGE BY YOUR TELEPHONE SERVICE PROVIDER. BY ACCEPTING THE ACCESS NUMBERS DURING THE REGISTRATION PROCESS OR USING ACCESS NUMBERS YOU MAY OTHERWISE SELECT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL TELEPHONE CHARGES RELATED TO ACCESSING OUR SERVICES AND ODYSSEY STREAMING RADIO WILL NOT REIMBURSE YOU FOR ANY SUCH CHARGES INCLUDING LONG DISTANCE OR TOLL CHARGES. You may obtain information for supplemental services or features, as well as answers to common billing questions by going to the Site.

Proper Use. You agree that you will use Services in compliance with all applicable local, state, national, and international laws, rules and regulations. You may not sell, use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute any content from the Services for any public or commercial purpose without the written permission of Odyssey Streaming Radio. Odyssey Streaming Radio does not necessarily edit, screen, filter, modify, or otherwise monitor the content. Odyssey Streaming Radio takes no responsibility for third party content, nor does Odyssey Streaming Radio have any obligation to monitor such third party content. Odyssey Streaming Radio reserves the right to refuse service to anyone at any time without notice for any reason. Odyssey Streaming Radio will not be responsible or liable for the exercise or non-exercise of its rights under the Rules.

You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Odyssey Streaming Radio and/or content providers who provide content for the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.

Odyssey's Right to Terminate. Odyssey Streaming Radio may change, suspend or terminate your use of the Services for any reason at any time, without notice, including if it determines that you have failed to comply with any of the Rules. Odyssey Streaming Radio reserves the right to take or terminate the use of any user name or passcode at any time.

Services. Odyssey Streaming Radio may from time-to-time offer a variety of services, including but not limited to, Internet access, email and other telecommunications related services. Odyssey Streaming Radio retains the right at its discretion to make changes to the Services, including its fees and billing methods and the amount of time a user may access the Services for a specified fee, or to discontinue some or all of the Services. Odyssey Streaming Radio retains the right to limit or restrict the use of third party software or services in connection with the Services. If you have elected a prepaid, extended service agreement with Odyssey Streaming Radio, you may have rights to a refund as outlined in the Rules.

Collection and Use of Personal Information. Odyssey Streaming Radio will collect, store, compile and utilize information about you, your computer, your phone number and your use of the Services, which may include, without limitation, information regarding the websites you visit and information that you provide in response to questionnaires, surveys and registration forms from Odyssey Streaming Radio and its marketing affiliates. Odyssey Streaming Radio may provide this information to third parties including advertisers, clients, marketing organizations and others. Please refer to the Privacy Policy for the Odyssey Streaming Radio privacy policies and information practices.

2. YOUR OBLIGATIONS:

Please read the following information carefully which outlines your obligations for accessing the Services:

• Requirements
  The Sites and the Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law. In order to use the register for the Services via your mobile device (a “Mobile Device”), you must have a Mobile Device with text messaging capabilities and a plan with your Mobile Device carrier (“Mobile Carrier”) that enables you to send and receive premium text messages in connection with purchases made by and through your Mobile Device. We reserve the right to not accept prepaid mobile phone accounts.

• Cancellation
  You may cancel your Services account at any time with notification to Odyssey Streaming Radio. By canceling your Services account you are relinquishing your rights to any and all of the Services. If you should have any questions or concerns regarding billing and payment, you may call an Odyssey Streaming Radio representative at 877-209-4504 or send written inquiries to Odyssey Streaming Radio Customer Service, 24 West Railroad Avenue #139, Tenafly, NJ 07670. You can also email us at support@odysseystreamingradio.com.
• Completion of Odyssey Streaming Radio Questionnaires, Surveys and Registration Forms. In connection with Odyssey Streaming Radio providing the Services, you agree to provide Odyssey Streaming Radio with accurate and complete information it may request, from time to time, through questionnaires, surveys and registration forms. You expressly permit and authorize Odyssey Streaming Radio (and such third parties as may be authorized by Odyssey Streaming Radio, subject to the Privacy Policy) to furnish you, electronically, by telephone or by mobile phone or by any other means selected by Odyssey Streaming Radio, information prepared by Odyssey Streaming Radio or by (or on behalf of) other entities, including advertising information and solicitations. You acknowledge that any such information, advertisements and solicitations are an integral part of the Services. Notwithstanding the foregoing, you may elect to not receive such information from third parties at the email address or phone number you may have provided to Odyssey Streaming Radio.

Minors
You may not obtain an account for Odyssey Streaming Radio unless you are at least 18 years old. If you are a parent permitting a minor to use Odyssey Streaming Radio, you agree to (i) exercise supervision over the minor's use of the Services including access to the phone and Internet, (ii) assume all risks associated with the minor's use of any of the Services, (iii) assume any and all liabilities resulting from the minor's use of the Services, including any and all payment obligations, and (iv) ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor in response to Odyssey Streaming Radio questions, questionnaires, surveys and registration forms.

• Registration Information. You must register for Services using your own name. During registration, you will be asked to provide the name or number you wish to use as your login identification. If the login identification you request is not available you will be asked to supply another login identification. Odyssey Streaming Radio reserves the right to verify the accuracy of the information you submit in connection with your registration for the Services (including, without limitation, performing cross tabulations with external databases) and you hereby consent to Odyssey Streaming Radio's verification of such information.
• Bypassing or Disabling Any Portion of the Services or Software. If you bypass or disable any portion of the Services, including, without limitation, the blocking of cookies, or blocking the operation of any other Odyssey Streaming Radio systems, or you attempt to circumvent Odyssey Streaming Radio's billing of you in any way, you are in violation of the Rules and these Terms and Conditions and we may suspend or terminate your use of the Services without notice. Termination of your the Services will not excuse you from any criminal or other civil liabilities that may result from your actions.
• Accessing the Services. You are responsible for obtaining and maintaining, at your own expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Services and for ensuring such equipment and services are compatible with Odyssey Streaming Radio's requirements.
• Use of Your Odyssey Streaming Radio Account. You are responsible for all use of the Services and for the security of your login identification, your password and any security lock code that you use to protect access to your data, personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of the Services or through other Internet services. You may not transfer or permit any other person to use your Odyssey Streaming Radio account.
• No Resale of the Services. The Services are for personal use of registered users only and may not be shared, transferred, exchanged or bartered. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for ANY commercial purposes, any portion of the Services, including use or access to the Services.
• Transmission and Receipt of Content. Odyssey Streaming Radio exercises no control over the content of information passing through its network or equipment. Disputes may arise between you and others or between you and Odyssey Streaming Radio related to such content or commerce. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree not to upload, post, email, transmit or otherwise make available any content that (a) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the content of information that you transmit, retransmit or receive through Odyssey Streaming Radio's network or equipment are your sole and exclusive responsibility.
• Software Downloads. As part of the Services you may choose to download one or more of software products offered by Odyssey Streaming Radio or third parties. If you download any such products, you hereby agree to any end-user software license that is presented at the time of such download.
• Links to Third Party Sites. Odyssey Streaming Radio may provide links to other sites on the Internet that are owned and operated by third parties. In some instances, these sites could be co-branded and the third parties are entitled to use Odyssey Streaming Radio's name and logo on these sites. Odyssey Streaming Radio does not control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by Odyssey Streaming Radio of the site or any association with their operators. Because Odyssey Streaming Radio has no control over such sites and resources, you agree that Odyssey Streaming Radio is not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers on our Service, including the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that Odyssey Streaming Radio shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
• Proprietary Rights. You acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or its advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the software, in whole or in part. For only so long as you are a paying customer, you are granted a personal, nontransferable and non-exclusive right and license to use the Services and related software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or related software. You agree not to modify the Services or related software in any manner or form, or to use modified versions of them, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Odyssey Streaming Radio for use in accessing the Services.

3. TERMINATION AND CANCELLATION

Either you or Odyssey Streaming Radio may terminate or cancel your account at any time. In addition, in the event of a billing dispute you may be entitled to refund depending on the circumstances. You can cancel your Services by following the instructions on the Site. The Terms and Conditions on the Site will contain a current phone number to cancel your billing service. If you have any billing-related questions or want to stop a recurring payment from being charged to your local telephone bill account, call our billing support number: 877-209-4504.

4. WARRANTY DISCLAIMERS

Your use of the Service is at your own risk.

YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES, SOFTWARE OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ODYSSEY STREAMING RADIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT. ODYSSEY STREAMING RADIO DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT THE SERVICES WILL SERVICE OR HAVE ADEQUATE CAPACITY IN ANY SPECIFIC GEOGRAPHIC AREA. ODYSSEY STREAMING RADIO DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE, HARDWARE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY OF THE SERVICES.

5. LIMITATION OF LIABILITY; INDEMNIFICATION

Limitation of Odyssey Streaming Radio's Liability.

IN NO EVENT WILL ODYSSEY STREAMING RADIO BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR OTHER INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY COSTS) WHETHER OR NOT ODYSSEY STREAMING RADIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ODYSSEY STREAMING RADIO WILL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT WILL ODYSSEY STREAMING RADIO'S LIABILITY TO
YOU EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO ODYSSEY STREAMING RADIO FOR ANY INSTANCE OF USE OF THE SERVICES THAT GIVES RISE TO A CLAIM. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions, Odyssey Streaming Radio liability shall be limited to the greatest extent permitted by law.

Indemnification of Odyssey Streaming Radio. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ODYSSEY STREAMING RADIO AND ITS OWNERS, EMPLOYEES, DIRECTORS, CONSULTANTS, SUPPLIERS, SPONSORS, VENDORS, BILLING PROVIDERS, SOFTWARE VENDORS, PARTNERS OR OTHER AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, CLAIMS) ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF THE SERVICES THROUGH THE ODYSSEY STREAMING RADIO ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM ODYSSEY STREAMING RADIO'S GROSS NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF ODYSSEY STREAMING RADIO'S SERVICES PROVIDED TO YOU.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Rules must be filed within one (1) year after the event for which such claim or cause of action arose or it will be forever barred.

6. POLICY TO TERMINATE USE OF SERVICES FOR COPYRIGHT INFRINGEMENT

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, Odyssey Streaming Radio will terminate the account of any subscriber who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Odyssey Streaming Radio and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, Odyssey Streaming Radio will terminate the infringing subscriber's account. Odyssey Streaming Radio may also in its sole discretion decide to terminate a subscriber's account privileges prior to that time if it has good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), Odyssey Streaming Radio has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Odyssey Streaming Radio respects the intellectual property of others, and we ask our subscribers to do the same.

If you believe that your copyright has been infringed through the use of an Odyssey Streaming Radio account, please contact Odyssey Streaming Radio via mail at: Odyssey Streaming Radio Customer Service, 24 West Railroad Avenue #139 Tenafly, NJ 07670.

7. MISCELLANEOUS

Liability Limitation. Odyssey Streaming Radio shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control.

Entire Agreement. The Rules (as may be modified by updated Rules on the Site) constitute the sole agreement between Odyssey Streaming Radio and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that you have read the Rules and understand and accept their terms

Dispute Resolution Provisions. The Rules will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of laws principles. Should a dispute arise concerning the Services, Site, terms and conditions of the Rules or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found at http://www.odysseystreamingradio.com/web/dispute.aspx. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Site at http://www.odysseystreamingradio.com/web/arbitration.aspx. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Odyssey Streaming Radio or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Odyssey Streaming Radio incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.

No Assignment. You shall not assign the Rules or assign any rights or delegate any obligations thereunder, in whole or in part, whether voluntarily or by operation of law, without Odyssey Streaming Radio's prior written consent. Any such purported assignment or delegation by you without Odyssey Streaming Radio‘s prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Odyssey Streaming Radio at its sole and absolute discretion.

Severability. If any provision of the Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.

No Waiver. Any failure of Odyssey Streaming Radio to enforce any provision of the Rules shall not constitute a waiver of any rights under such provision or any other provision of the Rules.

Information for California Residents. Under California Civil Code Section 1789.3, users that are residents of California are entitled to the following consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254

For the purposes of the Rules, references to including shall mean "including, without limitation," unless such reference is already included.

How to Contact Us:
A list of ways to contact Odyssey Streaming Radio is available at www.odysseystreamingradio.com.