TERMS AND CONDITIONS

2.1 "Station" refers to Dap.FM, its parent company, subsidiaries, affiliates, and their respective officers, directors, employees, and agents.

2.2 "User" refers to any individual who accesses or uses the Service, whether as a listener, artist, advertiser, or in any other capacity.

2.3 "Content" refers to all audio, visual, textual, or other material available through the Service, including but not limited to music, broadcasts, programs, advertisements, user comments, and metadata.

2.4 "User Content" refers to any Content submitted, uploaded, or otherwise provided to the Service by Users.

3.1 Eligibility. You must be at least 13 years of age to access or use the Service. If you are under 18 years of age, you represent that you have your parent or guardian's permission to access or use the Service. The Station reserves the right to refuse access to the Service to any User at its sole discretion.

3.2 Account Creation. Certain features of the Service may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.3 Account Security. You are responsible for safeguarding the password you use to access the Service and for any activities or actions under your account. The Station will not be liable for any losses caused by any unauthorized use of your account.

3.4 Prohibited Uses. You agree not to:

• Use the Service for any illegal purpose or in violation of any local, state, national, or international law
• Violate or encourage others to violate the rights of third parties, including intellectual property rights
• Attempt to circumvent any content-filtering techniques, security measures, or access restrictions implemented by the Station
• Use automated means, including spiders, robots, crawlers, data mining tools, or similar methods to download data from the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Collect or store personal data about other users without their express consent
• Impersonate or misrepresent your affiliation with any person or entity

4.1 Station Content. All Content provided by the Station is owned by or licensed to the Station and is subject to copyright, trademark, and other intellectual property rights under United States and foreign laws and international conventions.

4.2 Limited License to Users. Subject to these Terms, the Station grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely for personal, non-commercial purposes.

4.3 User Content. By submitting, uploading, or otherwise providing User Content to the Service, you grant the Station a worldwide, non-exclusive license to use, copy, reproduce, transmit, display, and distribute such User Content in any and all media or distribution methods now known or later developed, subject to the following limitations: (a) The Station will not modify, remix, or create derivative works of your content without separate permission; (b) This license is valid only for the duration that your content remains on the Service, and will terminate when you remove your content; and (c) For voice recordings, the Station will only broadcast such content with your explicit consent. Compensation for User Content shall be governed exclusively by the terms of any applicable agreement between you and the Station, including but not limited to Direct Licensing Agreements for music content or other content-specific terms that may apply. In the absence of such agreements, the Station's use of User Content shall be royalty-free.

4.4 DMCA Compliance. The Station respects the intellectual property rights of others and expects Users to do the same. The Station will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to the designated copyright agent whose contact information is provided in the Service.

5.1 Personal Use Only. The streaming or broadcast services provided are for personal use only. Users may not:

• Rebroadcast, retransmit, or redistribute any Content from the Service
• Record, copy, or capture any streams or broadcasts except as specifically permitted
• Use the Service in public venues without proper public performance licenses
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices

5.2 Georestrictions. Certain Content may only be available in specific geographic regions due to licensing restrictions. The Station reserves the right to use technologies to verify your geographic location and restrict access accordingly.

5.3 Stream Ripping. Any attempt to "rip," copy, or capture streams beyond temporary caching required for personal playback is prohibited.

6.1 User Content Standards. Any User Content you provide must comply with the following standards:

• It must not be defamatory, obscene, offensive, hateful, or inflammatory
• It must not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• It must not infringe any copyright, database right, trademark, or other intellectual property right of any person
• It must not violate any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• It must not promote any illegal activity or advocate, promote, or assist any unlawful act
• It must not invade another's privacy or cause annoyance, inconvenience, or needless anxiety

6.2 Monitoring and Enforcement. The Station has the right to:

• Remove or refuse to post any User Content for any or no reason
• Take any action against any User for any violation of these Terms
• Disclose user identities or other information in response to a legal process or reasonable request by law enforcement
• Terminate or suspend your access to all or part of the Service for any violation of these Terms

7.1 Advertisements. The Service may include advertisements or promotional content. By using the Service, you agree to receive such advertising and promotional content.

7.2 Third-Party Links. The Service may contain links to third-party websites or resources. The Station provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources.

8.1 Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE STATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitations of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE STATION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE STATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

8.3 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE STATION TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO THE STATION FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM; OR (2) $100 USD.

8.4 Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations in this section may not apply to you.

10.1 Termination by You. You may terminate your use of the Service at any time by discontinuing your use of the Service or, where applicable, by deactivating your account.

10.2 Termination by the Station. The Station may terminate or suspend your access to the Service, without prior notice or liability, for any reason, including if the Station believes you have violated these Terms.

10.3 Effect of Termination. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11.1 Governing Law. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of [Applicable Jurisdiction], without giving effect to any choice or conflict of law provision or rule.

11.2 Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the ICC by one arbitrator appointed in accordance with said Rules. The place of arbitration shall be Washington, DC. The language to be used in the arbitral proceedings shall be English.

11.3 Waiver of Class Action. YOU AND THE STATION 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.

11.4 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12.1 Broadcast Regulations. The Station complies with all applicable broadcast regulations, including those promulgated by the Federal Communications Commission (FCC) and other relevant regulatory bodies. By using the Service, you acknowledge and agree to comply with such regulations to the extent they apply to your use of the Service.

12.2 Export Restrictions. The Service may be subject to U.S. export and re-export control laws and regulations. You agree not to export or re-export the Service, any related technology, or information to any country, person, entity, or end user subject to U.S. export controls.

13.1 Entire Agreement. These Terms constitute the entire agreement between you and the Station regarding your use of the Service and supersede all prior agreements and understandings, whether written or oral.

13.2 Waiver and Severability. The failure of the Station to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

13.3 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without the Station's prior written consent. The Station may assign these Terms without restriction.

13.4 Notices. Any notices or other communications provided by the Station under these Terms will be given by posting to the Service or, where appropriate, by email to the address you provide.

13.5 Force Majeure. The Station shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials, or technical failures.

13.6 No Third-Party Beneficiaries. These Terms do not confer any third-party beneficiary rights on any person or entity who is not a party to these Terms.

14.1 Prohibited Activities. Any attempt to manipulate, defraud, or abuse the Service, its features, or systems is strictly prohibited. Prohibited activities include but are not limited to:

• Using automated systems, deepfakes, bots, scripts, or software to artificially increase stream counts, votes, or engagement metrics
• Creating multiple accounts to manipulate rankings, ratings, or stream counts
• Engaging in any form of "click fraud" or artificially inflating advertising impressions
• Attempting to interfere with, compromise, or circumvent any security measures
• Attempting to reverse engineer any aspect of the Service
• Using VPNs, proxies, or similar technologies to disguise your location for the purpose of evading georestrictions or other system limitations
• Any other activity that artificially manipulates the Service's metrics, features, or functionality

14.2 Consequences. The Station reserves the right to:

• Immediately terminate or suspend accounts engaged in suspected fraudulent activity
• Invalidate or remove any streams, votes, ratings, or other engagement metrics that are suspected to be fraudulently generated
• Withhold payment for streams or other monetized activities deemed to be fraudulent
• Ban IP addresses, devices, or users that demonstrate patterns consistent with abuse or fraud
• Take legal action against persistent or severe violations

14.3 Detection and Investigation. The Station employs various technologies and methods to detect fraudulent activities. The specifics of these fraud detection systems will not be disclosed, and the Station's determination regarding fraudulent activity shall be final and binding.