Terms

End User License Agreement And Terms Of Service

This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual user
(“you” or “your”) and Soda Pop Radio Broadcast LLC. (“Soda Pop Radio,” “we,” “us” or “our”) governing your use of the
software applications that Soda Pop Radio makes available for download to mobile phones, tablets, set-top boxes and other
consumer electronic or computer devices, whether directly, through third parties or on a pre-installed basis (individually and
collectively, the “App”), the website located at https://www.sodapopradio.com/ and any other online properties owned or
controlled by or on behalf of Soda Pop Radio (each a “Website” and, collectively, the “Websites”) (the App and any Websites
are the “Service”). BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU
HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF
THIS EULA, THEN YOU MAY NOT USE THE SERVICE. TO HAVE A COPY OF THIS EULA SENT TO YOU, CONTACT
SODA POP RADIO AT support@sodapopradio.com. YOUR USE OF THE SERVICE, AND SODA POP RADIO’S
PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY SODA POP RADIO AND BY YOU TO BE
BOUND BY THIS EULA. THIS PREAMBLE IS INCORPORATED BY REFERENCE INTO THE EULA.

ARBITRATION NOTICE

Except for certain kinds of disputes described in Section 10, you agree that disputes arising under this EULA will be resolved
by binding, individual arbitration, and BY ACCEPTING THIS EULA, YOU AND SODA POP RADIO ARE EACH WAIVING THE
RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you
acknowledge the following:
• the Service is licensed, not sold to you, and you may use the Service only as set forth in this EULA;
• the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your
mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage,
which are your sole responsibility;
• for all Users (as defined below) of the Service other than those located in the European Economic Area (“EEA”), you
consent to the collection, use, and disclosure of your information in accordance with Soda Pop Radio’s Privacy Policy
available at www.sodapopradio.com/policies/privacy/ (“Privacy Policy”) and for Users located in the EEA, you
acknowledge and understand Soda Pop Radio’s processing activities for the collection, use, and disclosure of your
information in accordance with Soda Pop Radio’s Privacy Policy;
• we provide the Service to you on an “as is” basis without warranties of any kind and Soda Pop Radio’s liability to you is
limited; and
• if you are using the App on an iOS-based device, then you agree to and acknowledge the “Notice Regarding Apple,” in
Section 22 below.

1. General Terms And Conditions

a. Changes to this EULA. You understand and agree that we may, from time to time, change this EULA. Please check this
EULA periodically for changes. We will try to provide you with prior notice of any material changes that may apply to you,
including through the posting of a revised EULA that you may be required to accept in order to continue using the Service.
You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised
EULA will become effective immediately, except that, for existing users, material revisions will be effective 30 days after
posting or notice to you of the revisions unless specified otherwise. Any use of the Service after the effective date will
constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable or you do
not agree to the modified EULA, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The
terms of this EULA will govern any updates Soda Pop Radio provides to you that replace and/or supplement any portion of
the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that
license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.a, no revisions to this EULA
will apply to any dispute between you and Soda Pop Radio that arose prior to the effective date of such revision. Except as
expressly permitted in this Section 1.a, this EULA may be amended only by a written agreement signed by authorized
representatives of the parties to this EULA.
b. Privacy Policy, Copyright Policy, Cookie Policy and Acceptable Use Policy. Your access to and use of the Service is
also subject to Soda Pop Radio’s Acceptable Use Policy, Cookie Policy, Copyright Policy and Privacy Policy. For all
Users of the Service other than those located in the EEA, the Acceptable Use Policy, Cookie Policy, Copyright Policy, and
Privacy Policy are incorporated into this EULA by reference.
c. Jurisdictional Issues. The Service is controlled and operated by Soda Pop Radio from its offices in the State of
California. Soda Pop Radio makes no representation that materials on the Service are appropriate, lawful or available for use
in any locations other than the United States of America. Those who choose to access or use the Service from locations
outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to
the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service
are illegal, unauthorized or penalized is strictly prohibited. The use of a VPN or any other tool or mechanism to mask your
actual location in order to access content otherwise prohibited in the jurisdiction where you are located is strictly prohibited.
You agree to indemnify Soda Pop Radio for any third-party claims against Soda Pop Radio arising from your use of any
technology subject to the prohibition in the immediately preceding sentence.

1. General Terms And Conditions

d. Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY
SUSPENDED OR REMOVED FROM THE SERVICE BY SODA POP RADIO. IF YOU ARE UNDER 13 YEARS OF AGE,
THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing
or using the Service, you represent and warrant to us that either you are at least the age of majority in your jurisdiction or you
have been authorized to use the Service by your parent or legal guardian who is at least the age of majority in your
jurisdiction. If you are an entity, organization, or company, the individual accepting this EULA on your behalf represents and
warrants that they have authority to bind you to this EULA and you agree to be bound by this EULA.
e. Additional Terms. Your use of the Service is subject to all additional terms and/or policies beyond those mentioned in
Section 1.b that we make available to you from time-to-time in connection with your use of the Service, including, without
limitation, any such terms that apply to contests that we run on the Service (“Additional Terms”). Any such Additional Terms
are hereby incorporated into and subject to this EULA, and this EULA will control in the event of any conflict or inconsistency
with the Additional Terms to the extent of the conflict or inconsistency.

2. The Service

a. Description. Soda Pop Radio provides an information location tool and audio guide service offering access to a selection
of indexed radio stations, podcasts, and other content, including radio stations, podcasts and other content created by or on
behalf of Soda Pop Radio. Certain features of the Service are available to you free of charge (the “Free Service”). Other
aspects of the service, currently referred to as “Soda Pop Radio Premium,” are only available to paying subscribers (the
“Subscriptions”). Any end user who access and uses the Free Service is a “Visitor,” and any end user who pays for a
subscription is a “Subscriber.” The term “Users” refers to Visitors and Subscribers, collectively.
b. Consideration.
i. Service. You acknowledge and agree that this EULA is entered into in consideration of your use of the Service pursuant to
this EULA and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge.
ii. Subscriptions. If you are a Subscriber, then you acknowledge and agree that the additional terms in Section 4 below
apply to your Subscriptions, and that TuneIn provides access to Subscriptions in consideration of your payment of the
amounts described in that Section.

1. General Terms And Conditions

iii. No Rights to Compensation. In return for enjoying the Free Service or Subscriptions, you further acknowledge and
agree that Soda Pop Radio may generate revenues (including from advertising and sponsorships), increase goodwill or
otherwise increase the value of Soda Pop Radio from your use of the Service, and you will have no right to share in any such
revenue, goodwill or value whatsoever.
c. Changes to the Service. Soda Pop Radio may at its sole discretion and from time to time change, add or remove
features, functionality and content of or available through the Service, temporarily or permanently, without any notice to you.
Soda Pop Radio may also terminate or discontinue support for any versions of the App, whether it was offered for free or for
a fee. Soda Pop Radio also reserves the right to discontinue some or all of the features of the Service at any time at its sole
discretion (including the provision of software updates and support for different devices or platforms). You acknowledge and
agree that Soda Pop Radio will not be liable to you or to any third party for any modification, suspension or discontinuance of
the Service, any App, or any specific functionality of the Service or the removal of any features, functionality or content,
including any paid-for functionalities of the Service. You should retain copies of any User Content you Post to the Service so
that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you
Posted to the Service. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or
terminate your use of the Service as described herein. Notwithstanding anything in this EULA to the contrary, if you have
signed up for a Subscription and Soda Pop Radio cancels your Subscription without cause, then Soda Pop Radio will refund
to you the pro-rated (by month), unearned portion of any amounts that you have prepaid to Soda Pop Radio for such
Subscription. No refunds will be provided for the termination or discontinuance of support for any paid App.
d. Mobile Services. The Service is currently accessible via computer or on a mobile phone, tablet or other connected device
(collectively, “Mobile Services”). Your mobile carrier’s or ISPs normal messaging, data and other rates and fees will apply to
your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or
restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely
responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s),
what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you.
Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA.
e. Service Security. You may not violate, or attempt to violate, the security of the Service. Any such violations may result in
criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service. Soda Pop Radio
reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, to refer such
suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations. This
cooperation may include the disclosure of all or your activities on or related to the Service. You agree to promptly notify Soda
Pop Radio if you learn or reasonably suspect that any security breach related to the Service has occurred.

3. Registration

a. Log-In Credentials. In order to access the Free Service and/or Subscriptions, and enjoy the full functionality and benefits
of the Service, we may require you to register an account with us (an “Account”).
b. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that
occur through the use of your Account credentials. You agree to notify Soda Pop Radio immediately at
support@sodapopradio.com. if you suspect or know of any unauthorized use of your Account credentials or any other
breach of security with respect to your Account. Soda Pop Radio will not be liable for any loss or damage arising from
unauthorized use of your Account credentials prior to you notifying Soda Pop Radio of such unauthorized use or loss of your
Account credentials.
c. Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as
Soda Pop Radio requests. You will update the information about yourself promptly, and as necessary, to keep it current and
accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate
circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your
Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this EULA,
cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation
of Soda Pop Radio, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are
returned as undeliverable, then Soda Pop Radio may terminate or suspend your Account immediately without notice to you
and without any liability to you or any third party.

4. Additional Terms For Subscription

a. Subscription Process. You may purchase a Subscription through the Website, through our App, or through such other
channels as Soda Pop Radio may make available from time-to-time in its sole discretion. Where you purchase a Subscription
through the Website or another channel controlled by Soda Pop Radio, your payments are processed by our third party
payment processors. Where you purchase a Subscription through our iOS or Android Apps or through a third party’s
consumer electronic devices, your payments are processed by Apple or Google, or the manufacturer of the consumer
electronic device (or any of their third party payment processors), as applicable. We accept various forms of payment, as
specified during sign-up. We do not accept cash or checks.
b. Trials. From time to time, Soda Pop Radio or others on our behalf may offer trials of Subscriptions for a specified period
free-of-charge or at a reduced rate (“Trial”). The length of any Trial may vary. Trials are for new and certain former
Subscribers only. Soda Pop Radio reserves the right, at our discretion, to determine your eligibility for a Trial, and, subject to
applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent
permitted under the law. We will require you to provide your payment details at the start of the Trial. The first day following the
end of your Trial or, if you are not eligible for a Trial, then the day you purchase your Subscription, is the first day of your
billing cycle (“Billing Date”). YOU WILL BE AUTOMATICALLY CHARGED FOR THE APPLICABLE SUBSCRIPTION ON
THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY OR ANNUAL BASIS, UNLESS
YOU CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL.
c. Billing Authorization. BY PROVIDING YOUR PAYMENT METHOD AND OBTAINING A SUBSCRIPTION TO THE
SERVICE, YOU AUTHORIZE SODA POP RADIO, APPLE, OR GOOGLE (OR ANY OF THEIR SERVICE PROVIDERS), AS
APPLICABLE, TO CHARGE TO YOUR DESIGNATED PAYMENT METHOD THE APPLICABLE MONTHLY OR ANNUALLY
RECURRING SUBSCRIPTION FEES (“SUBSCRIPTION FEE”), AND ANY APPLICABLE SALES, TELECOMMUNICATION,
EXCISE, VALUED-ADDED OR SIMILAR TAXES (“TAXES”). THE SUBSCRIPTION FEE IS EXCLUSIVE OF ANY SUCH
TAXES. THE SUBSCRIPTION FEE IS PAYABLE IN THE CURRENCY SPECIFIED DURING SIGN-UP.
d. Subscription Fee Changes. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE RESERVE THE
RIGHT TO CHANGE THE SUBSCRIPTION FEE AT ANY TIME IN OUR SOLE DISCRETION. IF WE CHANGE THE
SUBSCRIPTION FEE, THEN WE WILL PROVIDE YOU NOTICE OF THE PROPOSED CHANGE AT LEAST 30 DAYS
BEFORE THE CHANGE IS TO TAKE EFFECT. SUBSCRIPTION FEE CHANGES WILL TAKE EFFECT AT THE START OF
THE NEXT RENEWAL OF YOUR SUBSCRIPTION FOLLOWING THE DATE OF THE PRICE CHANGE. YOU ACCEPT THE
NEW PRICE BY CONTINUING TO USE THE SERVICE AFTER THE PRICE CHANGE TAKES EFFECT. IF YOU DO NOT
ACCEPT THE PRICE CHANGE, THEN YOU MAY UNSUBSCRIBE FROM THE SERVICE PRIOR TO THE PRICE CHANGE
GOING INTO EFFECT.
e. Automatic Renewal; Recurring Charges. YOUR SUBSCRIPTION WILL BEGIN ON THE BILLING DATE AND
CONTINUE FOR THE SUBSCRIPTION PERIOD THAT YOU SELECT ON YOUR ACCOUNT (SUCH PERIOD, THE “INITIAL
SUBSCRIPTION PERIOD”), AND WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME
DURATION AS THE INITIAL SUBSCRIPTION PERIOD (THE INITIAL SUBSCRIPTION PERIOD AND EACH SUCH
RENEWAL PERIOD, EACH A “SUBSCRIPTION PERIOD”) UNLESS YOU CANCEL YOUR SUBSCRIPTION OR WE
TERMINATE IT. YOUR ACCOUNT WILL BE CHARGED AUTOMATICALLY ON THE BILLING DATE AND THEREAFTER ON
THE RENEWAL DATE OF YOUR SUBSCRIPTION FOR ALL APPLICABLE FEES AND TAXES FOR THE NEXT
SUBSCRIPTION PERIOD. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID
BILLING OF THE NEXT PERIODIC SUBSCRIPTION FEE TO YOUR ACCOUNT.
f. Cancellation and Refunds. YOU MAY CANCEL YOUR SUBSCRIPTION TO THE SERVICE AT ANY TIME BY
FOLLOWING THE PROCESS DESCRIBED HERE. IF YOU CANCEL YOUR SUBSCRIPTION, THEN YOU WILL HAVE
ACCESS TO THE SUBSCRIPTION UNTIL THE DATE THAT WOULD HAVE BEEN YOUR NEXT BILLING DATE, AFTER
WHICH YOU WILL BE DOWNGRADED TO THE FREE SERVICE. IF YOU SUBSCRIBED THROUGH YOUR IOS OR
ANDROID DEVICE AND WANT TO OBTAIN A REFUND IN CONNECTION WITH YOUR SUBSCRIPTION, THEN YOU
MUST CONTACT APPLE OR GOOGLE, AS APPLICABLE. IF YOU SUBSCRIBED THROUGH THE WEBSITE, THEN
SUBJECT TO SECTION 4.h BELOW, WE WILL NOT REFUND ANY FEES PAID FOR YOUR CURRENT SUBSCRIPTION
PERIOD.
g. Cooling-off Period. If you reside in the European Union (or any other jurisdiction that requires a cooling-off period
following the purchase of a Subscription to the Service) and register for a Subscription, then you may cancel your
Subscription for any reason or no reason and receive a full refund of your Subscription Fee within 14 days of your payment
method being charged (“Cooling-off Period”) unless you have previously accessed your Subscription (i.e., you receive a
transmission through the Service). If you have accessed the Service following the date of charge of your payment method
pursuant to your Subscription at any time during the Cooling-off Period, however, then we will not refund any Subscription
Fees already paid to us.
h. Failure to Pay. If you fail to pay the applicable Subscription Fee when due, then you will be downgraded to the Free
Service. If you are downgraded, then TuneIn may, but is not obligated to, maintain your Account and/or related content and
information, in order to allow you to pay the past-due charges and restore your Subscription.

5. Intellectual Property Rights

a. Service. Subject to your complete and ongoing compliance with this EULA, Soda Pop Radio hereby grants you a
revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to: (a) install and
use one object code copy of any mobile or other downloadable application associated with the Service obtained from a
legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer or a
wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service, solely for your
personal, non-commercial entertainment use as intended through the provided functionality of the Service and solely in strict
compliance with the provisions of this EULA. Except as expressly set forth in the preceding sentence or to the extent such a
restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, publicly perform, sell,
license, create derivative works of, or in any way exploit any part of the Service; (ii) alter or modify the Service; or (iii)
interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are
prohibited under applicable law from using the Service, then you may not use it.
b. TuneIn Content. Except for User Content (defined below) and third-party content owned or controlled by third-party
transmitting entities over whom Soda Pop Radio does not exercise a right and ability to control and where such content is
made available through the Service when Soda Pop Radio is providing an information location tool, index or directory service
(“Third-Party Content”), the content that Soda Pop Radio itself provides to Users on or through the Service, including
without limitation, any radio programs, podcasts or other audio content, text, graphics, photos, software and interactive
features, may be protected by copyright or other intellectual property rights and is owned by Soda Pop Radio or its third-party
licensors (collectively, the “Soda Pop Radio Content”). You acknowledge that certain transmitting entities may provide
consideration to Soda Pop Radio for inclusion in the Service when Soda Pop Radio is providing an information location tool,
index or directory service. You may not reproduce, modify, distribute, display, publish, transmit, communicate to the public,
make available, broadcast, create derivative works from, publicly perform (including on a through-to-the audience basis) and
otherwise use and exploit (collectively, “Use”) any Soda Pop Radio Content without Soda Pop Radio’s prior authorization.
You may not Use any User Content or Third-Party Content without the prior authorization of the owners or authorized
licensors of such content, notwithstanding any functionalities of the Service. Soda Pop Radio does not guarantee access to
any particular User Content, Soda Pop Radio Content, or Third-Party Content. Soda Pop Radio or its licensors, and the
owners of User Content and Third-Party Content, may change, delete, or prohibit access to Soda Pop Radio Content, User
Content or Third-Party Content, as the case may be, or schedules of any of the foregoing, at any time with or without notice.
You understand that by using the Service, you may encounter User Content, Third-Party Content, and Soda Pop Radio
Content that you may find offensive or objectionable and that might constitute Objectionable Content as defined in our
Acceptable Use Policy. Soda Pop Radio is not the publisher of, nor responsible for, any Objectionable Content made
available in User Content or Third Party Content, and to the fullest extent permitted by law, Soda Pop Radio will have no
liability to you with respect to Objectionable Content you access via the Service. User Content, Third Party Content, and
Soda Pop Radio Content may be transmitted with a variety of copy protection mechanisms. These copy protection
mechanisms may be designed to protect the copyright interests of Soda Pop Radio or its licensors or third party transmitting
entities, as applicable. These copy protection mechanisms may limit or prevent the ability of the Service to play Soda Pop
Radio Content, User Content or Third Party Content. You agree that Soda Pop Radio will have no liability to you or any third
party with regard to your ability to access, listen to, or otherwise use, any Soda Pop Radio Content, User Content or Third
Party Content due to a copy protection mechanism. You may not remove or attempt to circumvent any copyright protection
mechanisms in any Soda Pop Radio Content, User Content or Third Party Content without express authorization of the
owner of such content or their authorized agent, or as otherwise permitted by law, and any attempts to do so may subject you
to liability.
c. Marks. TuneIn trademarks, service marks and logos (the “Soda Pop Radio Trademarks”) used and displayed on the
Service are Soda Pop Radio’s registered and unregistered trademarks or service marks. Other product and service names
located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and,
collectively with Soda Pop Radio Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the
Trademarks to disparage Soda Pop Radio or the applicable third-party, TuneIn’s or a third-party’s products or services, or in
any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use
any Trademarks as part of a link to or from any Service without Soda Pop Radio’s prior express written consent. All goodwill
generated from the use of any Soda Pop Radio Trademark will inure solely to Soda Pop Radio’s benefit.
d. Restrictions. The Service, Soda Pop Radio Content, and Trademarks, including all intellectual property rights therein, are
the sole and exclusive property of Soda Pop Radio and its licensors. Soda Pop Radio hereby reserves all rights not expressly
granted to you in this Section 5. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by
implication, estoppel or otherwise, any additional license rights in and to the Service or any Soda Pop Radio Content or
Trademarks located or displayed therein. Except for the right to access Third Party Content through the Service, no rights are
hereby granted to you with respect to such Third Party Content.

6. User Content And Other Content

a. Definition. This Section governs any material that you broadcast, post, publish, send, submit, transmit, or upload
(collectively, “Post”) through the Service, including, by way of example and not limitation, messages, reviews, photographs,
graphics, images, video or audio (including sound or voice recordings and musical recordings embodied in the video or
audio), folders, data, text, and any other works of authorship or other works (collectively, “User Content”) and other activities
that Soda Pop Radio may take with respect to materials accessible through the Service. You retain any copyright and other
proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in this
EULA.
b. License to User Content. By Posting User Content to or through the Service, you hereby grant to Soda Pop Radio (and
Soda Pop Radio’s assignees, designees, successors, licensees, and sub-licensees) an unrestricted, perpetual, assignable,
sublicensable, revocable, royalty-free, fully paid-up right and license throughout the world to Use all User Content you Post to
or through the Service, through any media and formats now known or hereafter developed, in connection with the Service or
our business. All of the rights you grant in this EULA are provided on a through-to-the-audience basis, meaning the owners or
operators of external services will not have any separate liability to you or any other third party for User Content Posted or
otherwise used on external services via the Service.
c. Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more
persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable,
perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for
personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to
promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any
photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or
as embodied in any product.
d. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post
any User Content to the Service if you are not the owner of or are not fully authorized to grant rights throughout the universe
in all elements of the User Content you intend to Post to the Service. Soda Pop Radio disclaims any and all liability in
connection with User Content. You are solely responsible for your User Content and the consequences of providing User
Content via the Service. By providing User Content via the Service, you affirm, represent and warrant to us that: (i) you own
the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this
EULA; (ii) the Posting and Use of your User Content on or through the Service does not infringe, violate, misappropriate, or
otherwise breach any third-party right, including any privacy rights, rights of publicity, copyrights, trademarks, patents, trade
secrets, moral rights, contract rights, intellectual property rights or any other rights of any party in any territory throughout the
universe and does not slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other
person; (iii) the Posting of your User Content on the Service will not cause Soda Pop Radio to violate any law or regulation or
require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any
attribution to any third parties; (iv) the Posting of your User Content on the Service does not result in a breach of contract
between you and a third party; and (v) your User Content could not be deemed by a reasonable person to be objectionable,
profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. You agree to pay
all monies owing to any person as a result of Posting your User Content on the Service.
e. Acceptable Uses and Objectionable Content. We want Users to have an enjoyable experience when they use the
Service. To facilitate that, we have adopted an Acceptable Use Policy, which is hereby incorporated by reference into this
EULA. You are required to comply with the Acceptable Use Policy when Posting any User Content to the Service. The
Posting of any Objectionable Content, as defined in the Acceptable Use Policy, may subject you to third party claims and
none of the rights granted to you in this EULA may be raised as a defense against any third party claims arising from your
Posting of Objectionable Content. If you encounter any Objectionable Content on the Service, then please immediately email
Soda Pop Radio at support@sodapopradio.com. You acknowledge and agree that Soda Pop Radio provides you with the
ability to report Objectionable Content as a courtesy, and Soda Pop Radio has no obligation to remove or take any other
action with respect to any Objectionable Content on the Service that you report to us. However, Soda Pop Radio in its sole
discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content
on the Service, including, but not limited to, warning the User, suspending or terminating the User’s Account, removing all of
the User’s User Content Posted on the Service, and/or reporting the User to law enforcement or other governmental
authorities, either directly or indirectly. Soda Pop Radio is under no obligation to edit or control User Content that you or other
users Post and will not be in any way responsible or liable for User Content. You understand that, when using the Service,
you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate,
offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or
may have against Soda Pop Radio with respect to User Content.
f. Monitoring. Soda Pop Radio has the right, but not the obligation, to monitor the Service, and may remove or restrict
access to any User Content, Third Party Content or Soda Pop Radio Content from the Service for any reason in its sole
discretion at any time, without notice and without any liability to you. You acknowledge that Soda Pop Radio may establish
general practices and limits concerning use of the Service without notice to you, including, without limitation, the maximum
period of time that User Content or Soda Pop Radio Content will be retained by the Service and the maximum storage space
that will be allotted on Soda Pop Radio’s servers on your behalf. You acknowledge and agree that Soda Pop Radio may
preserve any content and may also disclose any content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests;
(ii) enforce this EULA; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights,
property, or personal safety of Soda Pop Radio, its Users and the public. You understand that Soda Pop Radio does not
guarantee any confidentiality with respect to User Content and will have no responsibility or liability for User Content that is
deleted from the Service.

7. Special Notice For International Use; Export Controls

Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States
export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S.
export laws. You download and use the software at your sole risk. Recognizing the global nature of the Internet, you agree to
comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable
content. Soda Pop Radio makes no representation that the Service is appropriate or available for use in any particular
location.

8. Advertisements And External Sites

a. Advertisements. Soda Pop Radio may display advertisements for the goods and services of third parties or other
promotional materials on the Service. Your dealings with, or participation in, promotions of any third party advertisers on the
Service, are solely between you and such third party, and your participation is subject to any terms and conditions associated
with that advertisement or promotion. Soda Pop Radio does not endorse or represent such third parties, and by using the
Service, you agree that Soda Pop Radio is not responsible or liable for any loss or damage of any sort incurred as a result of
any such dealings or the presence of such third parties on the Service.
b. External Sites. The Service may contain links to or the ability to share information with third-party websites (“External
Sites”), such as Twitter, Tumblr or Facebook, including through our implementation of third-party buttons (such as “share”
buttons). By using a tool that enables you to export information, including User Content, to an External Site, you hereby
authorize Soda Pop Radio to transfer that information to the applicable External Site. External Sites are not under Soda Pop
Radio’s control, and, to the fullest extent permitted by law, Soda Pop Radio is not responsible for any External Site’s use of
your exported information. Once sharing occurs, Soda Pop Radio will have no control over the information that has been
shared. Soda Pop Radio does not endorse any External Sites or the content made available on such External Sites. All
External Sites and any content thereon is developed and provided by others. You should contact the site administrator or
Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. Soda
Pop Radio is not responsible for the content of any External Sites and does not make any representations regarding the
content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all
websites to protect your computer and connected devices from viruses and other destructive programs. If you decide to
access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site,
then you do so at your own risk. You agree that Soda Pop Radio will have no liability to you arising from your use,
engagement, exposure to or interaction with any External Sites.

9. Feedback

We respect and appreciate the thoughts and comments from our Users. If you choose to provide input and suggestions
regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”),
then you hereby grant Soda Pop Radio an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and
license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other
products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

10. Dispute Resolution And Arbitration

a. General. In the interest of resolving disputes between you and Soda Pop Radio in the most expedient and cost effective
manner, and except as described in Section 10.b and 10.c, you and Soda Pop Radio agree that any dispute arising out of or
in any way related to this EULA, the Service, and communications from us will be resolved by binding arbitration. Arbitration
is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited
discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and
relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to
this EULA, the Service, or any communications to or from us, whether based in contract, tort, statute, fraud,
misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of this
EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND SODA POP RADIO ARE
EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Notwithstanding Section 10.a above, nothing in this EULA will be deemed to waive, preclude or otherwise
limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through
the applicable federal, state or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court
of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 10
within 30 days after the date that you agree to this EULA by sending a letter to Soda Pop Radio LLC. 475 Brannan St., Ste
320, San Francisco, CA 94107, Attn: Legal Department – Arbitration-Opt-Out that specifies: your full legal name, the email
address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out
Notice”). Once Soda Pop Radio receives your Opt-Out Notice, this Section 10 will be void and any action arising out of this
EULA will be resolved as set forth in Section 16. The remaining provisions of this EULA will not be affected by your Opt-Out
Notice.
d. Arbitrator. Any arbitration between you and Soda Pop Radio will be settled under the Federal Arbitration Act and
administered by the American Arbitration Associates (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA
Rules”), as modified by this EULA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at
1-800-778-7879, or by contacting Soda Pop Radio. The arbitrator has exclusive authority to resolve any dispute relating to
the interpretation, applicability or enforceability of this binding arbitration agreement.
e. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the
other party by certified U.S. Mail or by nationally recognized next-day delivery service (signature required) or, only if that
other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Soda Pop Radio’s
address for Notice of Arbitration is: TuneIn Inc. 475 Brannan St., Ste 320, San Francisco, CA 94107, Attn: Legal Department.
The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief
sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an
agreement to do so within 30 days after the Notice of Arbitration is received, you or Soda Pop Radio may commence an
arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the
parties in writing. During the arbitration, the amount of any settlement offer made by you or Soda Pop Radio must not be
disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an
amount higher than the last written settlement amount offered by Soda Pop Radio in settlement of the dispute prior to the
award, Soda Pop Radio will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) $15,000.
f. Fees. If you commence arbitration in accordance with this EULA, then Soda Pop Radio will reimburse you for your
payment of the filing fee, unless your claim is for more than $15,000, in which case the payment of any fees will be decided
by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the county and state of your
residence/billing address, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i)
solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii)
by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence/billing address. If the
arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an
improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all
fees will be governed by the AAA Rules. In that case, you agree to reimburse Soda Pop Radio for all monies previously
disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the
arbitration is conducted, the arbitrator must 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.
g. No Class Actions. YOU AND SODA POP RADIO 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. Further, unless both you and Soda Pop Radio agree otherwise, the
arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
h. Modifications to this Arbitration Provision. Except as otherwise provided in this EULA, if Soda Pop Radio makes any
future change to this arbitration provision, other than a change to Soda Pop Radio’s address for Notice of Arbitration, then
you may reject the change by sending us written notice within 30 days of the change to Soda Pop Radio’s address for Notice
of Arbitration, in which case your account with Soda Pop Radio will be immediately terminated and this arbitration provision,
as in effect immediately prior to the changes you rejected, will survive.
i. Enforceability. If Section 10.g or the entirety of Section 10 is found to be unenforceable or if Soda Pop Radio received an
Opt-Out Notice from you, then the entirety of this Section 10 will be null and void and, in that case, the exclusive jurisdiction
and venue described in Section 16 will govern any action arising out of or related to this EULA.

11. Limitation Of Liability And Disclaimer Of Warranties

THE FOLLOWING TERMS IN THIS SECTION 11 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
a. SODA POP RADIO, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “SODA POP RADIO PARTIES”) MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT
LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS OR RELIABILITY
THEREOF. THE TUNEIN PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR
COMPLETENESS OF ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER,
OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA
FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT
YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
b. THE SODA POP RADIO PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT
THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR
DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO SODA POP RADIO PARTY WILL BE
RESPONSIBLE FOR THOSE COSTS.
c. THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE SODA POP RADIO PARTIES DISCLAIM ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
d. IN NO EVENT WILL ANY SODA POP RADIO PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE
SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH SODA POP RADIO PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SODA POP RADIO’S LIABILITY, AND THE LIABILITY OF ANY OTHER SODA
POP RADIO PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF
THE FEES YOU HAVE PAID US AND U.S. $100.
e. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF
WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE
PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN
BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER
PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.
f. Soda Pop Radio does not disclaim any warranty or other right that Soda Pop Radio is prohibited from disclaiming under
applicable law.

12. Third Party Disputes

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF
YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER OR OTHER
USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE SODA POP
RADIO PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF
EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH
DISPUTES.

13. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold Soda Pop Radio, and its officers, directors,
employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and
expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a)
your access, use, or misuse of the Service or Soda Pop Radio Content; (b) your User Content; (c) your violation of any
portion of this EULA, any representation, warranty, or agreement referenced in this EULA, or any applicable law or regulation;
(d) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or
privacy right; or (e) any dispute or issue between you and any third party. Soda Pop Radio will use reasonable efforts to notify
you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if
Soda Pop Radio is unable to communicate with you in a timely manner because of an inactive e-mail address for you, then
your indemnification obligation will continue notwithstanding Soda Pop Radio’s inability to contact you in a timely manner.
Soda Pop Radio reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter that is
subject to indemnification under this Section at your sole expense. In such case, you agree to cooperate with any reasonable
requests to assist Soda Pop Radio’s defense of such matter.

14. Term And Termination Of The EULA

a. Term. As between you and Soda Pop Radio, the Term of this EULA commences as of your first use of the Service and
continues until the termination of this EULA by either you or Soda Pop Radio.
b. Termination. You may terminate this EULA by sending written notification to Soda Pop Radio at
support@sodapopradio.com, deleting the App from your connected device and terminating all other uses of the Service.
Soda Pop Radio reserves the right, in its sole discretion, to restrict, suspend or terminate this EULA and your access to all or
any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights
of any third party. Soda Pop Radio may further terminate this EULA immediately for any other reason with or without notice to
you, using the email address associated with your Account credentials. Soda Pop Radio reserves the right to change,
suspend or discontinue all or any part of the Service at any time without prior notice or liability.
c. Effect of Termination. After any termination of this EULA, you understand and acknowledge that (i) we will have no
further obligation to provide the Service to you; and (ii) all licenses and other rights granted to you in this EULA will
immediately cease. Soda Pop Radio is not liable to you or any third party for termination of the Service or termination of your
use of the Service. Upon any termination or suspension, you may no longer access any information (including your User
Content) that you have Posted to the Service or that is related to your Account. Furthermore, Soda Pop Radio will have no
obligation to maintain any information stored in our database related to your Account or to forward any information to you or
any third party. You acknowledge and agree that Soda Pop Radio will not be required to delete any of your User Content that
may be stored on any servers or other back-up media owned or controlled by or on behalf of Soda Pop Radio following the
termination of your Account. Sections 1.a, 1.c, 1.d, 1.e, 2.b, 2.c, 2.d, 2.e, 3.b, 5.b, 5.c, 5.d, 6, 7, 9, 10, 11, 12, 13, 14.b, 14.c,
15, 16, 17, 19 and all defined terms used therein will survive the termination of this EULA indefinitely. You are solely
responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may
lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these
Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other
forms of account verification.

15. Consent To Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy
Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices.
You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy
any legal communication requirements, including that such communications be in writing