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Terms of Use

Effective as of June 5, 2020

Thank you for your interest in and use of the products, services, software, and offered by UFC Ultimate Sound.

 

UFC Ultimate Sound, on behalf of ACX Music Inc, (“UFC Ultimate Sound”, “we”, “us”, or “our”) provides these Services to you (“you” or “your”), subject to the terms contained in this UFC Ultimate Sound Terms (the “Terms “). UFC Ultimate Sound is owned and managed by ACX Music Inc., a market leader in combining curated music, podcasts and videos with sports and entertainment. ACX Music Inc. is wholly owned by Acoustix AS, a Norwegian company headquartered in Oslo.

 

Zuffa, LLC has licensed certain marks to Acoustix AS, and thereby to its daughter company, ACX Music Inc., in connection with the UFC Ultimate Sound product. Zuffa, LLC, on behalf of itself and its affiliates, subsidiaries, employees, agents and representatives, hereby disclaims any and all liability to any user of or in connection with the UFC Ultimate Sound product.

1. Introduction

Please read these Terms carefully before using our Services. The Services and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under the Terms, not sold to you. By accessing any of the UFC Ultimate Sound features, functionality, websites, and apps or applications, or any content associated with the services (collectively the “Services”) or by accessing any music, videos, or other content (the “Content”), you are entering into a binding legal agreement with UFC Ultimate Sound.

 

Your agreement with us includes these Terms and any additional terms that you agree to (such as the privacy policy), other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions, and resolution of disputes by arbitration instead of in court. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Services or access any Content.

 

The Services are not intended for anyone who resides outside the United States and its territories or for anyone who is under the age of 13. To accept the Terms and to access the Services, you must (1) be at least 18 years of age, or if you are not at least 18 years of age, at least 13 years of age and have the consent of your parent or guardian to enter into the Terms; (2) have the power to enter into a binding legal agreement and not be barred by applicable laws from doing so; and (3) reside in the United States or its territories. You must acknowledge that you have read, understood, and agree to be bound by the Terms. If you do not understand and agree to all the terms and conditions of the Terms, you may not access or otherwise use the Services.

2. Changes to the Terms

We may occasionally make changes to the Terms. If we make material changes to the Terms, we will provide you with appropriate notice, for example, by providing a prominent notice within the Services or by email. In some cases, we may notify you in advance of changes to the Terms. Your continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Terms. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the Services.

3. Privacy

By using our Services, you acknowledge that you have read, understood, and agree to the terms of our privacy policy, and you agree that we may use such data in accordance with the terms of our privacy policy. If you do not agree with the terms of the privacy policy, please discontinue using the Services immediately.

4. Additional Terms and Conditions

Some Services may require additional terms and conditions. We will make those additional terms and conditions available to you with the relevant Services. If you use those Services, the terms and conditions that apply will become part of these Terms between you and us.

5. Your License to Use the Services

The Services and the Content are the property of UFC Ultimate Sound or its licensors. Subject to these Terms and your payment of any required fees, UFC Ultimate Sound grants you limited, revocable, non-exclusive, and non-transferable, permission to access the Services and Content for your own individual personal, non-commercial purposes. You may not sublicense the Content or Services to third parties. You agree that you will only access and use the Services through the certified applications or intended methods that UFC Ultimate Sound makes available to you.

 

You agree that whenever you access or use the Services, you shall not: (a) modify, download, intercept, or create any derivative works of the Services, including any translations or localizations thereof; (b) access or use the Services through an application or means not authorized by UFC Ultimate Sound; (c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Services; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (g) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without UFC Ultimate Sound’s prior written consent; (h) provide your phone number used to access the Services to any third party; (i) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; (j) circumvent any technological measures employed by or on behalf of UFC Ultimate Sound to protect the Services; (k) use any other technologies or initiate any other activities that may harm the Services, or the interests or property of UFC Ultimate Sound or other users of the Services; or (i) aid or encourage any third party to engage in any activity that would constitute a breach of these Terms.

 

Any other use not authorized by these Terms is strictly prohibited and a violation of the Terms. UFC Ultimate Sound may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason.

6. Intellectual Property

You acknowledge that all the trademark, service marks, trade names, logos, domain names, and any other features of the UFC Ultimate Sound brand are the sole property of UFC Ultimate Sound or its licensors. These Terms do not grant you any rights to use the UFC Ultimate sound brand, whether for commercial or non-commercial use.

 

UFC Ultimate Sound, directly or indirectly, retains or has the rights, title, and interest in and to all copyrights, trade secrets, patents, and any other proprietary rights in the Services, the software, the application programming interfaces (APIs), and other technologies comprising the Services, and all content therein. The Services may also contain third-party trademarks, service marks, graphics, and logos. The Services are owned and/or licensed by UFC Ultimate Sound and are protected by the laws of the United States and other countries in which the Services are made available. UFC Ultimate Sound does not grant any express or implied right to you under any UFC Ultimate Sound-owned or licensed copyrights, trade secrets, patents, or other proprietary rights.

7. Communication Preferences and Consent

From time to time we may send you communications to the email address associated with your account. These communications may include, but are not limited to, tips and station recommendations, special offers, and other account-related or transactional messages.

 

Additionally, our mobile applications may, in some circumstances, offer the ability for you to receive push notifications in connection with those applications. If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences apps of your device. By accepting these Terms and using the Services, you expressly consent to the receipt of all such communications from or on behalf of UFC Ultimate Sound. You may not opt-out of receiving account-related or transactional communications.

8. Explicit Content

THE SERVICES PROVIDE MANY FORMS OF ENTERTAINMENT CONTENT, SOME OF WHICH YOU MAY CONSIDER INAPPROPRIATE FOR THOSE UNDER THE AGE OF 18. THIS ENTERTAINMENT CONTENT MAY CONTAIN LYRICS, SPEECH, VISUAL IMAGES, OR OTHER MEDIA THAT INCLUDES STRONG LANGUAGE, OR DEPICTIONS OF VIOLENCE, SEX, OR SUBSTANCE ABUSE (“EXPLICIT CONTENT”). PARENTAL DISCRETION IS ADVISED FOR ALL USERS OF THE SERVICES UNDER THE AGE OF 18.

9. Product Support; Feature Availability; Fraud & Abuse

UFC Ultimate Sound will provide limited technical support under the terms of these Terms and provides no assurance that any specific errors or discrepancies in the Services will be corrected. UFC Ultimate Sound may alter the availability of any feature of the Services or impose new limitations on your use of the Services, at any time with or without notice, liability, or obligation with respect to such feature or limitation. In certain circumstances, such as in the case of a security problem, we may require you to install an update in order to continue using the Services. In order to provide the best quality Services to all of our users, we monitor the Services to detect and prevent fraud and abuse. We may, in our sole discretion, terminate your account and your access to the Services should we determine it is associated with fraudulent or abusive activities as it relates to the Services. Further, we reserve the right to pursue legal action in connection with fraudulent or abusive activities.

10. Payment, Fees, and Other Charges

You agree to pay all fees and charges associated with our monthly subscription on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable. All such fees and charges (late fees, as applicable) will be charged to the payment method you provided for the Services. You agree to maintain a valid payment method during the term of your use of such Services.

 

Use of the Services may involve transmission of data through your carrier or service provider’s network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. UFC Ultimate Sound assumes no liability or responsibility for the payment of any charges you may incur.

11. Subscription Terms

Access to the Services is available through a Subscription Product, which includes Monthly Subscriptions and Trials. Certain Subscription Products, such as Trials, may be subject to additional terms, exclusions, or limitations, which will be disclosed to you at the time you receive the offer for the Subscription Product.

 

11(a). You may purchase Monthly Subscription access (a “Subscription”) to the Subscription Services for a fee (the “Fee”).

 

11(b). You may access the Services through a single-use trial (“Trial”). A Trial permits access to the Services for the Access Period disclosed with the Trial offer. Once the Trial expires you will no longer have access to the Services unless you purchase a Monthly Subscription or another paid Subscription Product.

12. Access and Renewal

Your ability to access and use the Services commences on the date we make the Services available to you following your purchase of a Subscription Product and remittance of the Fee and Applicable Taxes, if any, and continues until the end of the applicable Access Period. UFC Ultimate Sound will automatically renew or commence your Subscription for a new month by charging the associated Fee plus any Applicable Taxes to the payment method you provided unless you cancel your Subscription as provided below.

13. Subscription Cancellation; Refunds

You may cancel the renewal of Subscription Product at any time under your profile on www.ufcultimatesound.com. You may also contact our support team at support@ufcultimatesound.com. If you cancel your Subscription Product during the month, your access to the Subscription Services will continue until the end of your then-current month, at which point it will expire. Purchase and/or redemption of your Subscription Product is final and non-refundable; UFC Ultimate Sound will not issue you any refund, including partial, pro-rated, or otherwise unless required to do so by law.

14. Export Control and Legal Compliance

You represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties.

15. Disclaimers; Limitations of Liability

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

 

THE SERVICES (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED “AS IS” AND “AS AVAILABLE”. ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UFC ULTIMATE SOUND DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. UFC ULTIMATE SOUND MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND UFC ULTIMATE SOUND DISCLAIMS ANY LIABILITY RELATING THERETO. UFC ULTIMATE SOUND MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

 

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS OR LIMITATIONS, THOSE SUCH EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

 

UFC ULTIMATE SOUND’S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL UFC ULTIMATE SOUND BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF UFC ULTIMATE SOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

16. Indemnification

You agree to defend (at our option), hold harmless, and indemnify us from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of these Terms, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.

17. Term and Termination

Subject to the terms of this section, these Terms will remain in effect for as long as you use the Services. You may cancel your account and terminate these Terms at any time and for any reason. We may terminate these Terms and your access to the Services at any time and for any reason by providing notice to the email address you provided us. Upon any termination of these Terms, the rights and licenses granted to you hereunder, including your ability to access and use the Services, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to UFC Ultimate Sound. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of these Terms. Any provision of these Terms that should, by its nature, survive termination of these Terms will survive its termination. Such provisions include, but are not limited to, sections 3, 5-7, 15, 16, and 21-23.

18. Notices

We may post notices to you within the Services. We may also send you notices about products and services to the email address you provided us. You hereby consent to receive notice from us through the foregoing means, and you are deemed to have received such notices at the latest within two (2) business days from us posting or sending a notice. You are responsible for keeping your account information, including your email address, up to date. UFC Ultimate Sound assumes no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Services.

19. Assignment

UFC Ultimate Sound may assign these Terms or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign these Terms in whole or in part, for any reason. These Terms will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.

20. Third Party Beneficiaries

Except with respect to platform providers through which you download or use applications certified by UFC Ultimate Sound, nothing in these Terms, either express or implied, is intended to or will be deemed to confer upon any other person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

21. Governing Law and Jurisdiction; Disputes

You agree that: (i) the Service shall be deemed solely based in California; and (ii) these Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and UFC Ultimate Sound that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Marin County, California. The parties all consent to the jurisdiction of such courts agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

 

YOU AND UFC ULTIMATE SOUND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

21.1 Arbitration Agreement.

 

This Arbitration Agreement applies only to users in the United States.

 

21.1.1 Dispute resolution and arbitration

 

You and UFC Ultimate Sound agree that any dispute, claim, or controversy between you and UFC Ultimate Sound arising in connection with or relating in any way to these Agreements or to your relationship with UFC Ultimate Sound as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and UFC Ultimate Sound further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court.

 

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), 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 the Terms.

 

21.1.2 Exceptions

 

Notwithstanding the clause above (22.2.1), you and UFC Ultimate Sound both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

 

21.1.3 No Class or Representative Proceedings: Class Action Waiver

 

YOU AND UFC Ultimate Sound 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 ACTION. Unless both you and UFC Ultimate Sound agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

 

21.1.4 Arbitration rules

 

Either you or we may start arbitration proceedings. Any arbitration between you and UFC Ultimate Sound will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and UFC Ultimate Sound agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. UFC Ultimate Sound can also help put you in touch with the AAA.

 

Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

 

If you choose to file an arbitration proceeding and you are required to pay a filing fee, UFC Ultimate Sound will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. UFC Ultimate Sound will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

21.1.5 Notice; Process

 

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). UFC Ultimate Sound ‘s address for Notice is: ACX Music Inc., 1 Harbor Drive, Suite 300, Sausalito, CA 94965. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or UFC Ultimate Sound may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or UFC Ultimate Sound shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of UFC Ultimate Sound ’s last written settlement offer, then UFC Ultimate Sound will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

 

21.1.6 Enforceability

 

If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 22 shall govern any claim in court arising out of or related to the Agreements.

22. Severability

If any provisions of these Terms are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. If such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of these Terms.

23. Entire Agreement

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

 

Note that some Services may be governed by additional agreements. If you are presented with Services that require an additional agreement, you may have an opportunity to agree to additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

24. Questions Regarding these Terms

If you have any questions regarding these Terms, contact UFC Ultimate Sound at support@ufcultimatesound.com or by sending a letter to ACX Music Inc., 1 Harbor Drive, Suite 300, Sausalito, CA 94965.

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