1. INTRODUCTION AND ELIGIBILITY

Please read these Terms of Use (“Terms”) carefully before using the Premium Playlist Service. The

Premium Playlist Service provides independent artists with a platform for getting feedback on their music from curators of successful playlists. It provides curators with the ability to earn money by reviewing new artists’ music. These Terms include

Premium Playlist Service Privacy Policy, which is incorporated by reference into these Terms.

We have included several italicized annotations to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.

This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the

Premium Playlist Service means you accept any changes. Please also note that Sections XIII and XVII of these Terms contain, respectively, limitations on Modern Music Marketing’s liability and mandatory arbitration and waiver provisions that affect your right to bring lawsuits against Modern Music Marketing in the event of a dispute. Please read these sections carefully.

Binding Agreement. These Terms constitute a binding agreement between you and Talent Spotlite, LLC

Premium Playlist Service and its affiliates and subsidiaries(“

Premium Playlist Service”, “we”, “us”). “You”, “user”, and “users” shall mean all visitors to and users of the Modern Music Marketing Service, including artists who pay for campaigns and curators who listen to and review artists’ submissions. You accept these Terms each time you access the

Premium Playlist Service. If you do not accept these Terms, you must not use the

Premium Playlist Service. If you are under 18 years of age, you represent and agree you possess the legal consent of your parent or guardian to access and use the Modern Music Marketing Service and in any event you represent that you are otherwise able to enter into a valid and binding contract.

Geographical Eligibility.

Premium Playlist Service provides thePremium Playlist Service for use within the United States. Modern Music Marketing makes no representation that the Premium Playlist Service or its content is appropriate or available for use in locations outside the United States. By registering for or using the Premium Playlist Service, you acknowledge and agree that you may only use the Service within the United States.

Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of thePremium Playlist Service after a change to these Terms constitutes your binding acceptance of these Terms.

Posting. The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Premium Playlist Service. For instance, as an artist, you post your music by uploading and/or linking to it when you apply for a campaign on the Premium Playlist Service. As a curator, you may submit reviews of artists’ music that you have listened to.

“Personal Information” as used in these Terms, shall have the same meaning as defined in the Premium Playlist Privacy Policy.

No Relationship to Any Streaming Service and Curators Not Paid to Endorse or Promote Artists’ Work. We are an independent organization that helps link artists seeking feedback on their music to knowledgeable curators who curate successful playlists on popular streaming services (e.g., Spotify, YouTube) and are willing to listen to and review artists’ submissions. Premium Playlist IS NOT AFFILIATED WITH OR A PART OF ANY STREAMING SERVICE. PAYING FOR A CAMPAIGN DOES NOT GUARANTEE THAT A SONG WILL BE ADDED TO ANY PLAYLIST ON ANY STREAMING SERVICE. CURATORS ARE PAID ONLY TO REVIEW ARTISTS’ SUBMISSIONS; IF THEY LIKE WHAT THEY HEAR, THEY MAY ADD IT TO A PLAYLIST, BUT THAT DECISION IS SOLELY AT THE CURATORS’ DISCRETION.

Important Terms Regarding Connecting to Spotify. Although we are independent from Spotify, you may use the Premium Playlist Service in connection with Spotify. If you do so, please note the following:

1. Premium Playlist does not make any warranties or representations on behalf of Spotify and expressly disclaims all implied warranties with respect to the Spotify Platform, Spotify Service and Spotify Content, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

2. you are prohibited from using the Premium Playlist Service to modify or create derivative works based on the Spotify Platform, Spotify Service or Spotify Content;

3. you are prohibited from using the Premium Playlist Service to decompile, reverse-engineer, disassemble, and otherwise reduce the Spotify Platform, Spotify Service, and Spotify Content to source code or other human-perceivable form, to the full extent allowed by law;

4. We are responsible for the Premium Playlist Service and disclaim any liability for the Premium Playlist Services on the part of Spotify;

5. We are not responsible for Spotify, and we encourage you to consult Spotify’s legal disclosures or to contact Spotify directly if you have questions specifically about Spotify;

6. Spotify is an intended third-party beneficiary of these Terms (including our Privacy Policy) and you agree that Spotify may directly enforce these Terms against you where they have a legal interest in doing so.