BBS NETWORK, INC.

TERMS OF USE

Last Updated: [February 12, 2026]

IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

1. AGREEMENT TO TERMS

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and BBS Network, Inc., a Texas corporation ("BBS," "we," "us," or "our"), governing your access to and use of the BBS Radio TV website located at bbsradio.com, and all related websites, applications, platforms, and services (collectively, the "Services").

By accessing or using the Services, creating an account, submitting content, or clicking "I Agree" or similar buttons, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Services and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

2. ELIGIBILITY

The Services are intended for users who are at least eighteen (18) years of age. By creating an account or using the Services, you represent and warrant that:

(a) You are at least 18 years of age;

(b) You have the legal capacity to enter into a binding agreement;

(c) You are not prohibited from using the Services under applicable law; and

(d) You will comply with these Terms and all applicable laws and regulations.

If you are under 18, you may not create an account or use the Services. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will promptly delete that information. If you believe we have collected information from a child under 13, please contact us immediately at the address provided in Section 22.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Termination

You may terminate your account at any time by contacting us. We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we determine violates these Terms, is harmful to other users or third parties, or for any other reason. Accounts without an active subscription may be automatically deleted in accordance with our account policies. You will receive notice at the email address associated with your account prior to any automatic deletion.

4. DESCRIPTION OF SERVICES

4.1 General Services

BBS Radio TV is a broadcasting and podcasting platform that provides users with the ability to create, upload, distribute, and syndicate audio and video content. Our Services include, but are not limited to:

• Talk show hosting and broadcasting services;

• Podcast creation and distribution;

• Content syndication to broadcast stations, streaming platforms, and podcast networks;

• Music submission and distribution services;

• Guest application and profile services; and

• AI-powered music generation services ("Make Music").

4.2 Syndication

BBS syndicates user content to over 190 broadcast stations, streaming platforms, podcast networks, mobile applications, and other distribution partners (collectively, "Syndication Partners"). By submitting content through the Services, you acknowledge and agree that your content may be distributed to and displayed through our Syndication Partners in accordance with the license granted in Section 5.

5. USER CONTENT AND LICENSE GRANT

5.1 User Content

"User Content" means any content you upload, post, submit, or otherwise make available through the Services, including but not limited to audio files, video files, music tracks, written works, lyrics, poetry, photographs, images, biographical information, and any other materials.

5.2 Ownership

You retain all ownership rights in your User Content. Nothing in these Terms transfers ownership of your User Content to BBS. However, by submitting User Content, you grant BBS the licenses described below, which are necessary for us to operate the Services and fulfill our obligations to you.

5.3 License Grant to BBS

By submitting User Content to the Services, you hereby grant BBS Network, Inc. a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers), and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, perform (publicly or otherwise), distribute, sublicense, syndicate, broadcast, stream, archive, store, cache, and create derivative works of your User Content in any and all media or distribution methods now known or later developed, for any purpose related to operating, promoting, or improving the Services.

This license includes, without limitation, the right to:

(a) Syndicate your content to our Syndication Partners, including broadcast stations, streaming platforms, and podcast networks;

(b) Transcode, reformat, resize, or otherwise modify your content for technical compatibility with different platforms and devices;

(c) Display your content in promotional materials and on our website and social media channels;

(d) Archive your content for historical and reference purposes; and

(e) Sublicense these rights to our Syndication Partners and service providers.

5.4 License Survival

The license you grant to BBS under this Section 5 is irrevocable and shall survive termination or deletion of your account for any reason, whether initiated by you or by BBS. This means that even after your account is terminated or deleted, BBS and its sublicensees (including Syndication Partners) may continue to use, display, distribute, syndicate, broadcast, archive, and create derivative works from User Content you uploaded, posted, or otherwise made available through the Services prior to termination.

5.5 No Obligation to Remove Syndicated Content

Upon termination of your account, BBS has no obligation to remove, delete, or cease using User Content that has already been syndicated, broadcast, archived, or distributed to third parties. You acknowledge that content distributed to our Syndication Partners may remain publicly available through those partners' platforms indefinitely.

5.6 Compensation

You acknowledge and agree that your use of the Services constitutes sufficient compensation for the license granted herein. Unless otherwise agreed in a separate written agreement, BBS has no obligation to pay you any royalties, fees, or other compensation for the use of your User Content in accordance with this license.

6. CONTENT-SPECIFIC TERMS AND WARRANTIES

6.1 Music Submissions

If you submit music tracks or recordings through the Services, you represent and warrant that:

(a) You own or control all rights in both the musical composition (including lyrics and melody) and the sound recording embodied in your submission;

(b) If you are the songwriter or co-writer, you have full authority to grant the rights in these Terms notwithstanding any agreement with any performance rights organization (ASCAP, BMI, SESAC, etc.) or music publisher;

(c) Your submission does not infringe the copyright, trademark, publicity, privacy, or other rights of any third party;

(d) You have obtained all necessary licenses, clearances, and permissions from any co-writers, performers, producers, sample owners, or other rights holders; and

(e) BBS's use of your submission as contemplated by these Terms will not require payment of any royalties, residuals, or other compensation to any third party, including any performance rights organization or music publisher.

6.2 Written Works (Poetry, Lyrics, Scripts)

If you submit written works, including poetry, lyrics, or scripts, through the Services (including for AI music generation), you represent and warrant that:

(a) You are the sole author and copyright owner of the submitted text, or you have obtained all necessary rights from the copyright owner(s);

(b) You have full authority to authorize the creation of derivative works based on your submission, including AI-generated musical compositions;

(c) Your submission is original and does not copy, imitate, or infringe upon any third-party copyrighted work; and

(d) Your submission does not contain any content that infringes the intellectual property, privacy, or publicity rights of any third party.

6.3 Biographical Information and Photographs

If you submit biographical information, photographs, or other profile content through the Services, you represent and warrant that:

(a) All information you provide is accurate and not misleading;

(b) You have the right to submit any photographs included in your profile, and you have obtained all necessary permissions, model releases, or consents from any individuals depicted;

(c) Use of your name, likeness, image, voice, and biographical information by BBS will not violate any person's right of publicity, right of privacy, or any other legal right;

(d) Your profile content does not create any false impression of affiliation, sponsorship, or endorsement by any third party; and

(e) You consent to the use of your name, likeness, and biographical information in connection with the promotion and distribution of your content and the Services.

6.4 Publicity Rights License

You grant BBS Network, Inc. and its affiliates a worldwide, royalty-free, perpetual license to use your name, likeness, image, voice, biography, and any other indicia of identity in connection with the Services, including for promotional and marketing purposes, without further compensation or approval, subject to applicable law.

7. AI-GENERATED CONTENT SERVICES (MAKE MUSIC)

7.1 Service Description

BBS offers an AI-powered music generation service ("Make Music") that uses third-party artificial intelligence technology to create musical compositions based on user-submitted text, including lyrics, poetry, or descriptive prompts. For a fee of $99 per submission, BBS will use AI technology to generate up to five (5) original music tracks based on your submission.

7.2 Important Limitations

BY USING THE MAKE MUSIC SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

(a) No Guarantee of Quality or Satisfaction. AI-generated outputs are created through automated processes. BBS does not guarantee that outputs will meet your creative expectations, be commercially viable, or be suitable for any particular purpose.

(b) Copyright Limitations. Under current U.S. Copyright Office guidance, AI-generated musical elements (melody, harmony, arrangement) may not qualify for copyright protection because copyright requires human authorship. You retain copyright only in your original human-authored lyrics or poetry. The AI-generated portions of your tracks may be in the public domain and may not be protectable.

(c) No Exclusivity. Similar prompts or inputs may produce similar AI outputs. You do not receive exclusive rights to any musical styles, arrangements, or other AI-generated elements. Other users may receive outputs that sound similar to yours.

(d) Similarity and Infringement Risk. AI systems may generate content that inadvertently resembles existing copyrighted works. BBS does not warrant that AI outputs are original or free from potential infringement claims. You assume all risk associated with your use of AI-generated content.

(e) Third-Party AI Provider. Make Music utilizes third-party AI technology. Your use of Make Music may also be subject to the terms of service of our AI provider.

7.3 Your Responsibilities

You are solely responsible for ensuring that AI-generated content does not infringe third-party intellectual property rights before you use, distribute, or commercially exploit such content. BBS makes no warranties regarding the copyright status, originality, or non-infringement of AI-generated outputs.

7.4 Refund Policy for Make Music

If our AI system is unable to generate any music from your submission due to technical failure, you will receive a full refund. If you are dissatisfied with the creative output of your AI-generated tracks, refunds are not available, as creative preferences are subjective and AI outputs vary. Refund requests must be submitted within fourteen (14) days of delivery by contacting us at the address provided in Section 22.

8. PROHIBITED CONDUCT

You agree not to engage in any of the following prohibited activities:

(a) Uploading, posting, or transmitting any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;

(b) Uploading, posting, or transmitting any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;

(c) Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;

(d) Interfering with or disrupting the Services or servers or networks connected to the Services;

(e) Attempting to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks;

(f) Using any robot, spider, scraper, or other automated means to access the Services without our express written permission;

(g) Circumventing, disabling, or otherwise interfering with security-related features of the Services;

(h) Using the Services for any illegal purpose or in violation of any applicable law or regulation; or

(i) Encouraging or enabling any other individual to do any of the foregoing.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 BBS Intellectual Property

The Services and all content, features, and functionality thereof (excluding User Content), including but not limited to text, graphics, logos, icons, images, audio clips, software, and the compilation thereof, are the exclusive property of BBS Network, Inc. or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License to Users

Subject to your compliance with these Terms, BBS grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include the right to: (a) modify, copy, or create derivative works of the Services; (b) reverse engineer, disassemble, or decompile any software underlying the Services; (c) remove any proprietary notices from the Services; or (d) use the Services for any commercial purpose not authorized by BBS.

9.3 Trademarks

"BBS Radio TV," "BBS Network," and all related names, logos, product and service names, designs, and slogans are trademarks of BBS Network, Inc. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

10. COPYRIGHT INFRINGEMENT AND DMCA POLICY

10.1 Repeat Infringer Policy

BBS respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, BBS has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. BBS may also, at its sole discretion, limit access to the Services or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

10.2 DMCA Takedown Notices

If you believe that any User Content or other content on the Services infringes your copyright, please send a written notice to our designated Copyright Agent containing the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;

(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

10.3 Designated Copyright Agent

Please send DMCA notices to our designated Copyright Agent at:

BBS Network, Inc.

Attn: Copyright Agent

Name: Donald Newsom

Address: 17419 Wilton Park Court, Spring, TX 77379

Email: don@bbsradio.com

Phone: 530-712-1094

10.4 Counter-Notification

If you believe that your User Content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Copyright Agent containing: (a) your physical or electronic signature; (b) identification of the material that has been removed or disabled and the location at which it appeared before removal; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which BBS may be found), and that you will accept service of process from the person who provided the original notification.

11. THIRD-PARTY SERVICES AND LINKS

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by BBS. BBS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that BBS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

12. PRIVACY

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy. Please review the Privacy Policy carefully before using the Services.

13. FEES AND PAYMENT

13.1 Service Fees

Certain features of the Services may require payment of fees. All fees are stated in U.S. dollars and are non-refundable except as expressly provided in these Terms or as required by applicable law. BBS reserves the right to change its fees at any time upon notice posted on the Services or sent to you via email.

13.2 Payment Processing

We use third-party payment processors to process payments. By submitting your payment information, you agree to the terms and conditions and privacy policies of such payment processors. BBS is not responsible for errors or failures of third-party payment processors.

13.3 Taxes

You are responsible for all applicable taxes associated with your use of the Services, except for taxes based on BBS's net income.

14. TERMINATION

14.1 Termination by You

You may terminate your account at any time by contacting us at the address provided in Section 22. Termination of your account does not relieve you of any obligations incurred prior to termination or affect any rights or licenses granted to BBS prior to termination.

14.2 Termination by BBS

BBS may suspend or terminate your access to all or part of the Services, without notice, for any conduct that BBS, in its sole discretion, believes violates these Terms, is harmful to other users, third parties, or the Services, or for any other reason. BBS may also terminate inactive accounts in accordance with its account policies.

14.3 Effect of Termination

Upon termination of your account:

(a) Your right to access and use the Services will immediately cease;

(b) BBS may delete your account information and any User Content not yet syndicated or archived;

(c) The licenses you granted to BBS under these Terms with respect to User Content uploaded, posted, or otherwise made available prior to termination shall survive and remain in full force and effect, including our right to continue using, displaying, distributing, syndicating, and sublicensing such content; and

(d) All provisions of these Terms that by their nature should survive termination shall survive, as set forth in Section 15.

15. SURVIVAL

The following provisions shall survive termination or expiration of these Terms or your account for any reason: Section 5 (User Content and License Grant), Section 6 (Content-Specific Terms and Warranties), Section 7 (AI-Generated Content Services), Section 9 (Intellectual Property Rights), Section 10 (Copyright Infringement and DMCA Policy), Section 14.3 (Effect of Termination), Section 15 (Survival), Section 16 (Disclaimer of Warranties), Section 17 (Limitation of Liability), Section 18 (Indemnification), Section 19 (Dispute Resolution), Section 20 (Governing Law), Section 21 (General Provisions), and any other provisions that by their nature should survive termination.

16. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BBS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BBS DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) ANY CONTENT, INCLUDING USER-GENERATED CONTENT OR AI-GENERATED CONTENT, WILL BE FREE FROM ERRORS, DEFECTS, OR INFRINGEMENT OF THIRD-PARTY RIGHTS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BBS OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BBS NETWORK, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, SYNDICATION PARTNERS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY:

(A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;

(B) LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;

(C) LOSS OF DATA OR DATA CORRUPTION;

(D) LOSS OF USE OR INTERRUPTION OF SERVICE; OR

(E) COST OF PROCUREMENT OF SUBSTITUTE SERVICES,

ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BBS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (I) THE AMOUNTS YOU PAID TO BBS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100).

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE BBS'S LIABILITY FOR:

(A) DEATH OR PERSONAL INJURY CAUSED BY BBS'S NEGLIGENCE;

(B) FRAUD OR FRAUDULENT MISREPRESENTATION;

(C) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR

(D) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BBS NETWORK, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, SYNDICATION PARTNERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "BBS PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, INVESTIGATIONS, LIABILITIES, JUDGMENTS, FINES, PENALTIES, SETTLEMENTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO:

(A) YOUR USER CONTENT OR ANY USE THEREOF BY BBS OR ITS LICENSEES;

(B) YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR OBLIGATION UNDER THESE TERMS;

(C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY RIGHT, OR PRIVACY RIGHT;

(D) ANY CLAIM THAT YOUR USER CONTENT CAUSED DAMAGE TO A THIRD PARTY;

(E) YOUR USE OF AI-GENERATED CONTENT, INCLUDING ANY CLAIM THAT SUCH CONTENT INFRINGES THIRD-PARTY RIGHTS;

(F) YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION; OR

(G) YOUR USE OF THE SERVICES.

THIS INDEMNIFICATION OBLIGATION APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE FOUNDED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF ANY BBS PARTY, INCLUDING THE SOLE, JOINT, COMPARATIVE, OR CONCURRENT NEGLIGENCE OF ANY BBS PARTY.

THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE TERMINATION OF YOUR ACCOUNT AND THESE TERMS.

19. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

19.1 Agreement to Arbitrate

You and BBS Network, Inc. agree to resolve any disputes arising out of or relating to these Terms, the Services, or any aspect of the relationship between you and BBS through final and binding individual arbitration rather than in court, except that either party may bring individual claims in small claims court if they qualify.

19.2 Arbitration Rules and Procedures

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitration will be conducted in Tarrant County, Texas, unless you and BBS agree otherwise or the AAA Rules provide otherwise. The arbitrator shall apply Texas substantive law and the Federal Arbitration Act.

19.3 Arbitration Fees

BBS will pay all AAA filing fees, administration fees, and arbitrator fees for claims totaling less than $10,000, unless the arbitrator determines that your claim is frivolous or brought for an improper purpose. If your claim exceeds $10,000, the payment of filing and arbitration fees will be governed by the AAA Rules. You are responsible for your own attorneys' fees unless applicable law or the arbitrator awards them to you.

19.4 Class Action Waiver

YOU AND BBS 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES WHETHER CLAIMS ARE RESOLVED THROUGH ARBITRATION OR, IF ARBITRATION IS FOUND UNENFORCEABLE, THROUGH LITIGATION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

19.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to BBS Network, Inc. at the address provided in Section 22 within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you may pursue claims in court but waive no other rights under these Terms.

19.6 Small Claims Exception

Either party may bring an individual action in small claims court for disputes within the jurisdiction of small claims court.

19.7 Severability of Arbitration Provision

If any part of this arbitration agreement is found unenforceable, the remainder shall continue to apply. However, if the class action waiver in Section 19.4 is found unenforceable as to a particular claim or request for relief, the entire arbitration agreement shall be void as to that claim or request for relief, and such claim or request for relief shall proceed in court.

20. GOVERNING LAW AND JURISDICTION

These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Subject to Section 19 (Dispute Resolution), you agree to submit to the exclusive jurisdiction of the state and federal courts located in Tarrant County, Texas, for the resolution of any dispute not subject to arbitration.

21. GENERAL PROVISIONS

21.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and BBS concerning the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and BBS with respect to the Services.

21.2 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

21.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and BBS's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

21.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without BBS's prior written consent. BBS may assign these Terms at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

21.5 Notices

BBS may provide notices to you by email to the address associated with your account, by posting on the Services, or by other reasonable means. You must provide notices to BBS in writing to the address provided in Section 22.

21.6 Force Majeure

BBS 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, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

21.7 Independent Contractors

The relationship between you and BBS is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and BBS.

21.8 No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights, except that BBS's Syndication Partners are intended third-party beneficiaries of the license granted in Section 5 and may enforce such rights directly.

21.9 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

22. CONTACT INFORMATION

If you have any questions about these Terms or the Services, please contact us at:

BBS Network, Inc.

Address: 17419 Wilton Park Court, Spring, TX 77379

Email: contact@bbsradio.com

Phone: 530-712-1094

For copyright infringement notices (DMCA), please contact our Copyright Agent as specified in Section 10.3.

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BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.