ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE
PARTICIPATING IN THE “AVICII X YOU” CROWD-SOURCING EVENT. THE TERMS CONTAIN CLAUSES
THAT WILL HAVE A DIRECT EFFECT ON YOUR OWNERSHIP TO CONTENT THAT YOU CHOOSE TO
UPLOAD TO WWW.AVICIIXYOU.COM (“SITE”). CHOOSING TO ACCEPT THE TERMS INDICATES THAT
YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL
NOT BE ABLE OR AUTHORIZED TO UPLOAD CONTENT TO THE SITE. THESE TERMS GOVERN YOUR
USE OF THE SITE AND THE CONTENT (SUCH AS MELODIES, BASELINES, BEATS/RHYTHMS, BREAKS,
EFFECTS, TEXT, OTHER MUSIC SOUNDS/RECORDINGS, AUDIO AND/OR AUDIO-VISUAL RECORDINGS
ETC INCLUDING WITHOUT LIMITATION THE UNDERLYING COMPOSITION(S) CONTAINED THEREIN)
(“CONTENT”) THAT AVICII LTD ("COMPANY") OR ITS LICENSEES OR ITS DESIGNATED THIRD PARTIES
AND THEIR SUBSIDIARIES ARE GRANTED CERTAIN RIGHTS IN THROUGH YOUR ACCEPTANCE OF THE
TERMS.

1. Background

The AVICII X YOU event is a crowd-sourcing campaign which aims to engage the public in the making
of a new track by Avicii (“Track”). Physical persons will have the option to choose whether to
participate in the crowd-sourcing event and, if they choose to participate and have accepted and
approved the Terms, any person who is 18 years of age or older will have the possibility to upload
Content that Avicii may choose to use, edit, adapt or otherwise draw inspiration from in the making
of the Track.

In other words, Avicii will make a track with your help.

The crowd-sourcing campaign starts on 9 January 2013 and from then on Avicii will ask for specific
segments of the Track. All notifications and messages in this regard will be made publicly available
through the Site, i.e. www.aviciixyou.com. The crowd-sourcing event will entail that Avicii will ask for
the following segments, in the following order:

1. Melody
2. Baseline
3. Beat/Rhythm
4. Break
5. Effects

Specific information regarding deadlines for submitting Content for each segment can be found on
the Site.

The Content submitted by you must be limited to 100 mb and the file formats that will be supported
by the site are: AIFF, WAV, and MP3.

Every week Avicii will pick his favorite uploaded pieces of each specific segment as described herein
and let the visitors of the site decide which one will make the track by placing votes on their favorite.
By pushing the “vote” button next to the segment the visitor places his/her vote. The Content for

each segment that will be chosen for the Track is the Content with most votes, the piece might
then be altered, adjusted or in other ways edited to fit in to the final Track. Avicii may use the
chosen segments, and the Content therein, in the Track. If Avicii chooses to use the Content therein
you hereby acknowledge and agree that Avicii may choose to only use part of the Content and/or
otherwise edit, modify, remix, etc and/or create new versions of the Content etc and to assign your
ownership, copyright and neighboring rights in such Content as described in these Terms. For the
avoidance of doubt, Avicii may choose not to use your Content even after the Content has been
chosen as the winning Content for each segment.

After all segments of the track are collected Avicii will have the right to freely and creatively edit
them in order to produce the Track that will be released on 26 February 2013, unless the Company
decides on another date or decides not to release the Track.

The physical person behind the segment that is chosen by Avicii to be used in the Track will be
mentioned on the artwork of the Track.

2. Possibility to opt out

You will have the possibility to opt out from participation in the crowd-sourcing campaign as
described herein by taking down any Content uploaded by you to the Site and by actively removing
you account. Please note that the possibility to opt out will only be available until the segment with
your Content has been chosen by Avicii to be part of the public vote through the Site, as described
above. It is therefore important to keep track of the deadlines for the submissions of Content for the
five different segments that will be communicated via the Site.

3. Eligibility

To use the Site and to participate in the crowd-sourcing campaign by uploading your Content and to
register for use of the site, you must be at least eighteen (18) years of age at the date of registration.

4. Registration of account for the Site

In order to use the Site, you must be eligible for use of the Site and you must have created an
account. The account will be created through your active choice to connect to the Site through your
Facebook account.

5. Personal data

By creating the account certain personal data will be collected by the Company and/or its designated
third parties and/or its licensees. The following personal data will be collected: Forename, surname,
email address, city and country of residence. Other personal data may be collected, and such
additional personal data will only be collected for the purpose of administering the Site and enabling
the crowd-sourcing campaign as described herein and on the Site. Please note that information of
your city and country of residence will only be collected if you have chosen to enter that information
into your Facebook account.

Personal data will be collected for the purposes of administering the Site and the Content therein
as well as enabling the crowd-sourcing campaign and may therefore need to be shared with
designated third parties and our licensees for these purposes. We may disclose your personal data to

employees, contractors and affiliated organizations that need to know that information to process it
on our behalf or to provide services available at the Site and only if they have agreed not to disclose
it to others. We, or our designated third parties or licensees may, in connection with the Site and
the crowd-sourcing campaign, use your personal data in order to provide you with advertisements,
commercial messages and the like. In addition to the above, we may also share your information to
third parties for these limited purposes:

i. to allow a merger, acquisition, or sale of all or a portion of our assets;

ii. to respond to legal process (e.g. a court order or subpoena), if we believe in good faith that
it is necessary to do so; to comply with requirements of mandatory applicable law; to protect
the safety of any person; to protect the rights and property of the Company, including to
enforce the Terms; and to address fraud, security or technical issues;

iii. to inform business partners about use of the Site and products and services made available
through the Site, in the form of aggregated statistics or otherwise in a format which does not
reveal your identity; and

iv. if you expressly opt in to such sharing.

You understand and agree that the privacy policies of third parties will govern all use of information
that we provide to them under this section.

The Company and/or designated third parties and/or its licensees use of such information is
governed by the provisions of the Swedish Personal Data Act (Swe. Personuppgiftslagen (1998:204)
) or other applicable laws and legislation pertaining to the collecting and administration of personal
data. By accepting the Terms connected to the Site, you consent to such processing and you warrant
that all data provided by you is true, accurate, current and complete information (and, for as long
as you continue to use the Site, you agree to update such information and to keep it true, accurate,
current and complete). You are responsible for maintaining the confidentiality of your password
to your account on the Site and you are solely responsible for all activities that occur under your
password. You agree to notify the Company immediately of any unauthorized use of your password
or any other breach of security related to the Site. The Company reserves the right to require you to
change your password if the Company believes that your password no longer is secure.

We are committed to protecting your information. Your password protects your user account, so
you should use a unique and strong password, limit access to your computer and browser, and sign
off after having used the Site. While we take reasonable data protection precautions, no security
measures are completely secure, and we do not guarantee the security of user information at any
time.

The Site is intended for user aged 18 or older. We explicitly state that for users in the United States,
the Site is not directed to children under the age of 13, and we do not knowingly collect personal
information from children under 13. If you are under 13 years of age, do not use the Site and do not
provide any personal information to us. If we discover that a child under 13 has provided us with
personal information, we will delete it.

You can access and amend the information we keep on you by contacting us on the following email
address: info@aviciixyou.com.Upon your request, we will provide you with information of what
personal data has been collected and is used, remove such data (de-registration of your account
and removal of Content will then be necessary), correct false personal data and, if you wish, end all
use of your personal data for contacting you with advertisements and commercial messages. We will
respond within a reasonable period of time upon verification of your identity.

The Company may also subcontract processing or share your information to a third parties located in
countries, other than your home country. Information collected within the European Economic Area
(“EEA”) and Switzerland may, for example, be transferred to, and processed in, a country outside of
the EEA and Switzerland. You expressly consent to this.

6. Use of the Site for submitting Content

In order to be eligible to accept the Terms and to thereafter participate in the crowd-sourcing
campaign as described herein, you must be at least 18 years of age and have created an account for
the Site.

In order to submit Content as described herein you must choose the option “I accept the Terms &
Conditions”. By doing so, you enter into a legally binding contract with the Company.

You may not modify, publicly display, publicly perform or distribute the Content that is uploaded
to the Site. Use of the Site or the Content made available through the Site for any public or
commercial purpose (including, without limitation, on another site or through a networked computer
environment) is strictly prohibited. The Site is protected under international copyright laws. Any
unauthorized use of the Site may violate copyright, trademark and other laws. If you breach any of
these Terms, your authorization to use this Site automatically terminates and you must immediately
destroy any downloaded or printed materials (if any).

7. Ownership to the Content, Rights, Warranties

You accept the Terms and enter into a legally binding contract with the Company by choosing
the option “I accept the Terms & Conditions”. Thereby you accept, agree and confirm that, if the
Content(s) submitted by you is chosen by Avicii to be used in any manner whatsoever in the Track
and you do not opt out from the crowd-sourcing campaign as described herein, your Content
will be regarded as chosen Content (“Chosen Content”) and with respect to Chosen Content (for
the avoidance of doubt, all provisions regarding Content will also apply to Chosen Content) you
accept, agree and confirm that, in consideration for the sum of one euro and for other valuable
consideration the receipt and sufficiency of which is hereby acknowledged, you hereby assign to the
Company all right title and interest in and to the Chosen Content so that the Company shall have an
irrevocable, perpetual, transferable, exclusive, fully-paid, worldwide, assignable and sub-licensable
right to:

(a) the exclusive right to use, distribute, reproduce, modify, adapt, publish, translate, publicly
perform, and publicly display your Chosen Content as part of the Track (or any modification,
edit, adaptation, adjustment, remix, version thereto or thereof), in whole or in part, in
any format or medium now known or later developed, for commercial purposes such as
synchronization licenses etc, and;

(b) the exclusive right to use (and permit others, such as, for example, its licensees, to use)
your Chosen Content as part of the Track in any manner and for any purpose (including,
without limitation, commercial purposes, synchronization licenses in connection with any
audio-visual material as chosen by the Company or its licensees etc) that the Company deem
appropriate in their sole discretion (including, without limitation, to incorporate your Chosen
Content or any modification, edit, adaptation, adjustment, remix, version thereto or thereof),
in whole or in part, into any technology, product, or service). The Company reserves the right
to display advertisements in connection with your Chosen Content as part of the Track and
to use the Chosen Content for advertising and promotional purposes. You agree that you are
solely responsible for all of your Content, as well as your Chosen Content.

The Company is not required to host, display, or distribute any Content on or through the Site and
may remove at any time or refuse any Content for any reason. The Company is not responsible for
any loss, theft, or damage of any kind to any Content. The Company does not want to receive any
Content that is confidential. You understand and agree that any Content or Chosen Content will be
considered non-confidential and non-proprietary and that the Company will be free to disclose your
Content to any third party absent any obligation of confidence on the part of the recipient. After
each and every opt out deadline, as notified through the Site in connection with the submissions for
each segment as described herein, the Company does not guarantee that you will have any recourse
through the Company or any third party to edit or delete any Content or Chosen Content that you
have submitted.

By submitting any Content, you represent and warrant that:

- you are at least 18 years old;

- you have yourself created your Content and that you own all rights (copyright, neighboring
  rights etc) in your Content (including, without limitation, all rights to the audio, video, or
  digital recording and the performance contained in your Content);

- you are the individual pictured and/or heard in your Content;

- your Content, or Chosen Content, does not infringe the copyright, trademark, patent, trade
  secret, or other intellectual property rights, privacy rights, or any other legal or moral rights
  of any third party;

- you voluntarily agree to waive all "moral rights" that you may have in your Content, or
  Chosen Content, however, only to the extent possible in accordance with the applicable
  copyright law in your country of residence. For the avoidance of doubt, you have the right to
  be credited on the artwork of the Track and the Company shall use all reasonable efforts to
  ensure that you receive such credit;

- any information contained in your Content, or Chosen Content, is not known by you to be
  false, inaccurate, or misleading;

- your Content or Chosen Content does not violate any law (including, but not limited to, those
  governing export control, consumer protection, unfair competition, anti-discrimination, or
  false advertising)

- your Content or Chosen Content is not, and may not reasonably be considered to be,
  defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive,
  unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation,
  vulgar, pornographic, obscene, or invasive of another's privacy;

- you were not and will not be compensated or granted any consideration by any third party
  for submitting your Content or Chosen Content, other than specified in these Terms or in the
  event that the Chosen Content is exploited by us and/or licensees or assigns;

- your Content, Chosen Content, personal data etc does not incorporate materials from a third
  party web site, or addresses, email addresses, contact information, or phone numbers (other
  than your own);

- your Content or Chosen Content does not contain any viruses, worms, spyware, adware, or
  other potentially damaging programs or files;

- your Content or Chosen Content does not contain any information that you consider
  confidential, proprietary, or personal; and

- your Content or Chosen Content or personal data does not contain or constitute any
  unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain
  letters, pyramid schemes, or any other form of solicitation.

8. Access

You are responsible for obtaining and maintaining all equipment and services needed for access to
and use of the Site and for paying, if any, all charges related thereto. When you register for the Site
and create an account or when you contact the Company or its designated third parties or licensees
for the purpose of the Site and the crowd-sourcing campaign as described herein, the Company and/
or its designated third parties and/or licensees may collect certain personal information about you.

9. Usage Rules

Your access to and use of the Site will be limited by the rules described in this section ("Usage
Rules"). You may not attempt (or support others to attempt) to circumvent, reverse engineer,
decrypt, or otherwise alter or interfere with any Usage Rules or attempt to circumvent DRM
associated with the Content or any identifying information associated with the Content. All rights
not expressly granted to you in these terms are reserved to the Company and/or its designated third
parties and/or licensees.

You may not authorize, encourage or allow or you yourself make any Content which is acquired by
the Company through the Site to be reproduced, modified, displayed, performed, transferred, made
available, communicated, distributed or otherwise used, in whole or in part, by anyone else. You
agree to advise the Company promptly of any such unauthorized use by email: info@aviciixyou.com.

10. Prohibited uses

You agree not to use the Site (including, without limitation, any materials or services you may obtain
through your use of the Site): (a) in a manner that violates any local, state, national, foreign, or
international statute, regulation, rule, order, treaty, or other law (each a "Law"); (b) to stalk, harass,
or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity; or (d) to interfere with or disrupt the Site or servers or networks
connected to the site. You further agree not to (e) use any data mining, robots, or similar data
gathering or extraction methods in connection with the site; or (f) attempt to gain unauthorized
access to any portion of the Site or any other accounts, computer systems, or networks connected
to the Site, whether through hacking, password mining, or any other means and as further detailed
below.

11. Viruses, Hacking and other offenses

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other
material which is malicious or technologically harmful. You must not attempt to gain unauthorized
access to the Site, the server on which the Content is stored or any server, computer or database
connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed
denial-of service attack. We will report any such breach to the relevant law enforcement authorities
and we will co-operate with those authorities by disclosing your identity to them. In the event of
such a breach, your right to use the Site will cease immediately. We will not be liable for any loss or
damage caused by a distributed denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs, data or other proprietary
material due to your use of the Site or to your downloading of any materials posted on it, or on any
website linked to it.

12. Termination

Except as set forth in the Terms, the Company may remove your Content and/or terminate, suspend
or modify your registration with, or access to, all or part of the Site, without notice, at any time
and for any reason. You may discontinue your participation in the crowd-sourcing campaign as
well as access to the Site according to the rules pertaining to opting out, as described herein. If you
breach any of these Terms, your authorization to use the Site automatically terminates and you
must immediately destroy any downloaded or printed materials (and any copies thereof). For the
avoidance of doubt, any foul play, cheating or other kind of unethical behavior in connection with the
Site and/or the crowd-sourcing campaign will result in the termination of your account and removal
of Content without prior notification to you.

In the event your Content has been chosen by Avicii for use on the Track and is thereby regarded as
Chosen Content, any termination of the Terms, in whole or in part, shall not diminish the grant of
rights and assignment of ownership to such Content as described in section 7.

13. Disclaimers

THE SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SITE IS WITH YOU. THE COMPANY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO
THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE
SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL
BE CORRECTED. THE COMPANY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU THROUGH THE SITE OR FROM THE COMPANY, ITS DESIGNATED THIRD PARTIES,
PARTNERS, LICENSEES, THE COMPANYS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES,

OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF
ANY SUCH ENTITIES) SHALL CREATE ANY WARRANTY. THE COMPANY DISCLAIMS ALL EQUITABLE
INDEMNITIES.

14. Limitation of Liability

TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE
FOR (A) INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER
OR HOWSOEVER CAUSED OR (B) ANY DIRECT DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED
UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION,
LOSS OR CORRUPTION OF DATA OR OTHER INTANGIBLE LOSSES), DIRECTLY ARISING OUT OF OR IN
CONNECTION WITH THE SITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE
RESULTS OF USE OF THE SITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT,
TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF THE COMPANY, ITS DESIGNATED
THIRD PARTIES, LICENSEES, PARTNERS ETC HAVE BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE
POSSIBILITY OF SUCH DAMAGES.

15. Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of
liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability
may not apply to you. To the extent that the Company may not, as a matter of applicable law,
disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the
extent of the Company’s liability shall be the minimum permitted under such applicable law.

16. Modifications to the Site

The Company reserves the right to modify, suspend or discontinue the Site at any time without
notice to you. For example, the Company may make changes to the materials and/or services
provided through the Site, at any time without notice. The materials and services that may be
provided through the Site may be out of date and the Company makes no commitment to update
such materials and services whatsoever. Information published on the Site may refer to products,
programs or services that are not available in your country.

17. Links to third-party websites

Links on the Site to third-party websites are provided solely as a convenience to you. If you use these
links, you will leave the Site. The Company is not obliged to review such third-party websites, does
not control such third-party websites and is not responsible for any such third-party websites (or
the products services, or content available through the same). Thus, the Company does not endorse
or make any representations about such third-party websites, any information, software, products,
services or materials found there or any results that may be obtained from using them. If you decide
to access any of the third-party websites linked to from the Site, you do this entirely at your own risk.

18. Trademarks

The Company name, the artist Avicii’s name and artist name, any other product or service name
or slogan or logo contained in the Site are trademarks of the Company and its suppliers, partners,
licensees or licensors and may not be copied, imitated or used, in whole or in part, without the
prior written permission of the Company or the applicable trademark holder. Ownership of all
such trademarks and the goodwill associated therewith remains with the applicable trademark
holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark or
product or service name of the Company or rights holder without the Company or the applicable
rights holder’s prior written permission. In addition, the look and feel of the Site (including all page
headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade
dress of the rights holder and may not be copied, imitated or used (in whole or in part) without the
rights holder’s prior written permission. Reference to any products, services, processes or other
information, by trade name, trademark or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by the Company.

19. International issues

The Company administers the Site, through a designated third part from Stockholm, Sweden. The
Company makes no representation that the Site is appropriate or available for use outside the
EMEA territories and access to the Site from territories where its contents are illegal or restricted is
prohibited. If you choose to access the Site from outside the EMEA territories, you do so on your own
initiative and are responsible for compliance with applicable laws.

20. Electronic communications

When you visit the Site or send e-mails to the Company or its designated third parties or licensees,
you are communicating with the Company or its designated third parties or licensees electronically.
We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices,
disclosures and other communications that the Company provide to you electronically satisfy any
legal requirement that such communications be in writing.

21. General

These Terms, together with any additional terms to which you agree when using particular elements
of the Site, constitute the entire and exclusive and final statement of the agreement between you
and the Company and any of the Company’s designated third parties, licensees etc with respect to
the subject matter hereof, superseding any prior agreements or negotiations between you and the
Company with respect to such subject matter. The failure of the Company to exercise or enforce
any right or provision of these Terms shall not constitute a waiver of such right or provision. If any
provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless
agree that the court should endeavor to give effect to the intentions of the Company and you as
reflected in the provision, and that the other provisions of these Terms remain in full force and
effect. The section titles in these Terms are for convenience only and have no legal or contractual
effect. These Terms shall remain in full force and effect notwithstanding any termination of your use
of the Site until you explicitly opt out prior to the deadline for the submission of Content as described
herein and as will be specifically communicated on the Site. These Terms, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company
without restriction.

22. Modifications to these Terms

The Company may, at their sole and absolute discretion, change these Terms from time to time. The
Company will post notice of such changes on the Site and you will be asked to accept and agree to
the amended terms by explicitly choosing to do.

23. Choice of law, mandatory arbitration and venue

Unless otherwise required by a mandatory law of a member state of the European Union or any
other jurisdiction, these Terms are subject to the laws of Sweden, without regard to choice or
conflicts of law principles. Further, you and the Company agree to the exclusive jurisdiction of the
courts of Sweden to resolve any dispute, claim or controversy that arises in connection with these
Agreements.

If you are a United States user of the Site, the following mandatory arbitration provisions also apply
to you:

You and the Company agree that any dispute, claim or controversy arising out of or relating
in any way to the Company or your use thereof, including these Terms, shall be determined
by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the
interpretation and enforcement of this provision, and that you and the Company are each waiving
the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration
provision shall survive termination of these Terms and the termination of your account on the Site
or opting out as described herein. The arbitration will be governed by the Commercial Arbitration
Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration
Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA.
You and the Company agree that these Agreements involve interstate commerce and are subject to
the Federal Arbitration Act.

You and the Company agree that (a) any claims seeking to enforce, protect, or determine
the validity or ownership of any intellectual property rights, and (b) any claims related to allegations
of theft, piracy or unauthorized use of the Site, Chosen Content and/or Content are not subject to
mandatory arbitration. Instead, you and the Company agree that these claims (including but not
limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent
jurisdiction in New York, New York, and that applicable Federal law shall govern, without regard to
choice of law principles.

You and the Company agree that each may bring claims against the other only in your or
its individual capacity, and not as a class member or in any representative capacity or proceeding.
Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not
otherwise preside over any form of a multi-party or class proceeding. If this specific provision is
found to be unenforceable in any way, then the entirety of this arbitration section shall be null and
void. The arbitrator may not award declaratory or injunctive relief.

iv. Any arbitration must be commenced by filing a demand for arbitration with the AAA within
one year after the date the party asserting the claim first knows or reasonably should know
of the act, omission or default giving rise to the claim; and there shall be no right to any
remedy for any claim not asserted within that time period. If applicable law prohibits a one-
year limitations period for asserting claims, any claim must be asserted within the shortest
time period permitted by applicable law. Your arbitration fees and your share of arbitrator
compensation will be limited to those fees set forth in the AAA's Consumer Rules with the

remainder paid by the Company. Any arbitration costs or fees deemed “excessive” will be
paid by the Company.