Terms & Conditions

Arena Digital, LLC Terms of Use
Effective as of October 1st, 2018


1. Introduction.
This Arena Digital, LLC Terms of Use (this “Agreement”) is a legal agreement between you and Arena Digital, LLC, an
Arizona limited liability company (“Arena,” “we,” “us” or “our”), providing, among other things, the terms and conditions
for your use of Arena’s streaming music and content services, including, but not limited to, delivery via our web site,
www.arena.com (the “Site”), a mobile device, or otherwise. We refer to the Site and the software applications made
available by Arena, whether on the Site or through your desktop or mobile applications, as the “Service Applications,” we
refer to all content on the Site (other than User Content), such as text, designs, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, photographs, illustrations, audio and video material, artwork, graphic material,
databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Service and the
Site, including, without limitation, the "look and feel" of the Service and software, even after installation on your devices, as
the “Arena Content,” and we refer to the Service Applications, the Arena Content and the service provided through the
Service Applications, collectively, as the “Services.”
By using the Services, or by creating a user account, you signify your acceptance to these Terms of Use (“Terms”) and our
Privacy Policy (together with the Terms, the “Agreements”). Accordingly, please read these Terms carefully. If you don’t
agree with these Terms, then please don’t use the Services.
2. We May Modify these Terms.
Sometimes changes in the law or changes in the relationships between Arena and our third party vendors will require us to
modify, add or remove all or a portion of these Terms, which we may do from time to time, in our discretion. If we do make
changes to these Terms, we will post a copy of the amended Terms on www.arena.com/terms. It is your responsibility to
check these Terms periodically for changes. By continuing to use the Services after those changes are posted, you will be
deemed to have accepted the Terms as amended.
3. Privacy Policy.
Unless otherwise addressed in these Terms, the Service is subject to Arena’s Privacy Policy which can be found here:
www.arena.com/privacy. It is important that you read and understand the terms of Arena’s Privacy Policy. Arena may
cooperate with and disclose information (including your Account Information) to any authority, government official or
third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an
asserted illegal action or infringement due to your use of the Services and under certain other circumstances set forth in our
Privacy Policy.
4. Requirements for Use of the Services.
By using the Services, you represent and warrant that: (a) you are 18 years of age or older, or you are 13 years of age or
older and have your parent or guardian’s consent to these Terms, (b) you have the power to enter a binding contract with us
and are not barred from doing so under any applicable laws, (c) you own or have sufficient authorization to use the
computer, mobile device, technology or other device to use the Services, and (d) you are a resident of the United States, its
territories, and possessions. You agree not to use or attempt to use the Services from outside these locations.
If you are between the ages of 13 and 17, please review these Terms with your parent or guardian. The ServiceS is intended
for users who are at least 13 years of age. Because the Services may provide access to music that contains explicit content,
including strong language or depictions of violence, sex, or substance abuse, parental discretion is advised for all users ages
13 to 17.
Use of the Service requires compatible devices, Internet access, and certain software and Software Applications (fees may
apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access
is strongly recommended for regular use. The latest version of required software is recommended to access the Services and
may be required for certain transactions or features and to download products or services previously purchased from the
Services. You agree that meeting these requirements, which may change from time to time, is your responsibility. The
Services are not part of any other product or offering, and no purchase or obtaining of any other product shall be construed

to represent or guarantee you access to the Services.
Mobile Software Applications may be purchased and downloaded from third-party providers, including iTunes and Google
Play. Third-party providers may not allow direct purchases through the mobile Software Applications and instead require
direct purchases through the third-party provider’s e-commerce store. By purchasing and downloading any mobile Software
Application from any third-party provider, you agree to comply with all applicable terms and conditions required by any
third-party provider.
If permitted or available through the applicable Services, to (a) upload content to the Services via your mobile device and/or
tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your
mobile device and/or (d) access certain features of the Services through a mobile Services Application you have
downloaded and installed on your mobile device (fees may apply), you must have access to a mobile communications
network for which Arena makes the Services available as well as any carrier services necessary to download content, and
pay any service fees associated with any such access (including text messaging charges for each text message you send and
receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the
Services, including, but not limited to, if the Site contains a mobile element, a mobile hand set or other mobile access device
that is in working order and suitable for use in connection with the Service and to use any part of that Services. You are
responsible for ensuring that your equipment and/or software does not disturb or interfere with Arena’s or the Site’s
operations, or the Services.
Any equipment or software causing interference will be immediately disconnected from the Services and Arena will have
the right to immediately terminate your use of the Services. If any upgrade in or to the Services requires changes in your
equipment or software (including the operating system for your device), you must effect these changes at your own expense.
Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services, including
the release of new products and services, will be subject to the terms and conditions of these Agreements. You agree to
follow and comply with any applicable laws in your use of the Services.
5. Creating an Account to Use the Services.
To use any aspect of the Services, you may be required to register to create an Arena account and provide certain
information, including a member or user name, a valid email address, and a password (the “Account Information”) and your
credit card information, if applicable. You agree that the Account Information and credit card information that you provide
current, accurate and complete information about yourself and your billing information, if applicable, and you agree to
update your Account Information to keep it current, accurate and complete. We understand that you care about the
protection of your personal information, including your Account Information, and shall treat such information in accordance
with our Privacy Policy.
You may update any of your Account Information, designate a different credit card to be billed, or change the applicable
expiration date on your currently designated credit card by going to the My Arena menu, after logging in to the Site, and
selecting “Edit Personal Details” or “Edit Billing Info,” as applicable. You may not assign or otherwise transfer your Arena
account to any other person or entity.
6. You Are Solely Responsible For Maintaining Your Account.
You are solely and entirely responsible for maintaining the confidentiality of your password, and for any and all activities
that occur with your Arena account. You agree to notify Arena immediately of any unauthorized use of your Arena account.
If you believe someone has accessed the Service using your Account Information without your authorization, it is your
responsibility to set up a new password. To do this, go to the Sign In screen, click the “Reset Password” link, and follow the
instructions. Arena will not be responsible for any losses arising out of the unauthorized use of your Account Information,
and you agree to indemnify and hold harmless Arena, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as
applicable, for any improper, unauthorized or illegal uses of the same.
7. Free Streaming Services.
Arena provides free streaming services for full-length streaming of songs through the Services for up to forty (40) hours per
month. You may not be advised as to the exact number of hours you have remaining in a given month, but Arena will
provide a meter for you to generally understand how much access remains available for any given month.
You will be able to access aspects of the Service on compatible mobile devices through an applicable mobile Service

Application that you’ve downloaded and installed on your mobile device (fees may apply). An Internet enabled mobile
device on which you have downloaded the applicable mobile Service Application is required. Standard data and usage
charges instituted by your mobile carrier may apply (and are not included in any fees paid to Arena) and, accordingly, you
should check with your mobile carrier regarding the terms of your individual data or usage plan.
Except where otherwise provided, access to and use of the Site and the Services offered through it are currently available
without charge. However, Arena reserves the right to charge a fee for access to or use of the Site, or any Services available
on or through the Site, at any time in the future. Your access to and use of the Services before any change to the fees in the
future does not entitle you to use of the Services without charge in the future.
8. Listen to Own™.
Through the Services, if you play any participating single song on the Site (each, a “Single”) the designated number of
playback times (each, a “Listen”), Arena will provide you the opportunity to download a free copy of that Single through
the Services. You must play the Single for the entire length of the Single’s song track in order for the playback to count
towards the designated number of Listens and be eligible for the free download.
Once you play the Single the designated number of Listens, you may download the Single through the Services. Arena may,
at any time, increase or decrease the designated number of Listens for any Single to be eligible for the free download.
9. Downloads.
Music downloads are provided in a DRM-free MP3 format, at the bit rate of 320 kbs. Accordingly, you can transfer your
music downloads to any compatible device and Arena will not limit the number of times music downloaded through the
Services can be copied, transferred or burned (though your own use will always be subject to all applicable laws, rules and
regulations, and the rights of copyright owners and Arena reserves the right to suspend or terminate your access to
purchased titles at any time without notice if required to do so by a relevant copyright owner for good reason). Arena and/or
its content licensors may include digital watermarks (embedded bits of information in addition to the sound file) in any
music downloads that add transaction information to each digital file such as (but not limited to) the fact that the file was
downloaded from Arena, the date and time of download, or information about the song (title, artist, etc.). Arena will not
include any information personally connected to you in any such digital watermark. Users should keep in mind that Arena
respects the rights of copyright owners, and in particular, its content licensors, and discourages and opposes all forms of
content piracy. Therefore, while music downloads have no limitations, users are still obligated to be mindful of and follow
applicable laws, rules and regulations, and the rights of copyright owners. Arena encourages you to back up your music
files.
10. Site Purchases.
You agree that you will pay for all products and services you purchase through the Services, and that Arena may charge
your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as
applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY
PAYMENT OF ALL FEES AND FOR PROVIDING ARENA WITH A VALID PAYMENT METHOD FOR PAYMENT
OF ALL FEES.
When you make a purchase through the Services, your account will be billed at the time of or shortly after your transaction.
If you use a credit card account for a transaction, Arena may obtain preapproval for an amount up to the amount of the
order. All fees will be billed to the credit card you designate during the first purchase process. If you want to designate a
different credit card, you must change your information online by going to the My Arena menu, after logging in to the Site,
and selecting “Edit Billing Info”; this may temporarily disrupt your access to the Services while Arena verifies your new
payment information. If a gift card or Arena credits is used for a transaction, the amount is deducted at the time of your
transaction. When making any purchases through the Services, Arena credits are used first, followed by gift card credits;
your credit card is then charged for any remaining balance.
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to
address and the sales tax rate in effect at the time you download the product. We will charge tax only in states where digital
goods are taxable.
11. All sales and rentals of products and services are final.

Prices for products and services offered via the Services may change at any time, and the Services do not provide price
protection or refunds in the event of a price reduction or promotional offering.
If a product or services becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If
technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either
replacement or refund of the price paid, as determined by Arena.
Arena may make changes to any products or services offered on the Site, or to the applicable prices for any such products or
services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and
Arena makes no commitment to update the materials on the Site with respect to such products and services.
12. License to Use the Services.
As long as you comply with the Agreements, Arena grants to you a limited, non-exclusive, non-transferable, revocable
license to access and use the Services for personal non-commercial purposes only.
By accessing any of the Services or making any purchases on the Site, you are representing to us that you are authorized to
use the Services, including any credit card or other form of payment you provided. If you are a parent or guardian paying on
behalf of a minor or other person, then you hereby agree to the terms of these Agreements and agree to take responsibility
for the actions of such other person, any charges associated with that person's use of any of the Services, and that person’s
compliance with these Agreements. You agree to take such steps as are appropriate to ensure such compliance and will
indemnify and hold Arena and its affiliates and distribution and syndication partners harmless from any breach of these
Agreements. Any violation by you of the license in Section 10, the User Guidelines in Section 11, or other provisions
contained in these Terms may result in the immediate termination of your right to use the Services. Arena reserves all right,
title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF
THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
13. User Guidelines.
You agree that with regard to your access of the Site, you will not:
 Use the Services to reproduce, copy or distribute copyrighted materials, except as permitted under these Terms;
 Upload, transmit or otherwise distribute any content that is unlawful, defamatory, libelous, harassing, abusive,
fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Arena;
 Upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or
other proprietary, contractual or fiduciary rights or obligations;
 Prevent or attempt to prevent others from using the Services or take any action designed to harm, slow down or
adversely affect the Services or the Site;
 Use the Services for any fraudulent or inappropriate purpose;
 Post adult-oriented material;
 Use the Services to facilitate sending “spam” or unsolicited commercial email;
 Copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks delivered through the
Services or any cover art shown therein, except as permitted under these Terms;
 Provide your password to any other person;
 Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Services or
any portion of them;
 Circumvent any technology used by Arena or its licensors to protect content accessible via the Services;
 Rent, lease or sublicense any of the Services;
 Use any data mining, robots, or similar data gathering and extraction tools;
 Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of Arena and our affiliates;
 Use any meta tags or any other “hidden text” utilizing Arena’s name or trademarks; or
 Use the Services in any way that violates the terms of these Agreements.
14. User Content.
Arena users may post, upload and/or contribute (“post”) content to the Service, including pictures, text and playlist
compilations (“User Content”). You are solely responsible for any User Content you provide and for any consequences

thereof. You represent that you have the right to post any User Content which you post to the Service, and that such User
Content, or its use by us as contemplated by these Terms, does not: (a) violate the Agreements (including the User
Guidelines above), applicable law, or the intellectual property or publicity rights of others; or (b) imply or contain any
express affiliation, endorsement, approval or cooperation with you or your User Content by Arena or any artist, band, label,
entity or individual without express written consent from Arena and any such artist, band, label, entity, or individual, as
applicable . You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User
Content that you post on or in connection with Arena. This license lasts until you terminate your Arena account, except in
the case of User Content that you have published, made public and/or share with others, which such license shall continue
indefinitely. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual
property rights, in the User Content that you post to the Service, except that, where applicable under applicable law, you
agree to waive your right to be identified as the author of any User Content on the Service and your right to object to
derogatory treatment of such User Content.
Arena does not monitor, review, or edit User Content, but reserves the right to remove or disable access to any User Content
for any or no reason, including but not limited to, User Content that, in Arena’s sole discretion, violates the User Guidelines
or otherwise the Agreements. Arena may take these actions without prior notification to you. Removal or disabling of
access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific
User Content.
Arena is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any
User Content infringes your intellectual property rights, please click here www.arena.com/support, or if you believe that any
User Content does not comply with the User Guidelines (Section 12 above), please contact us at [email protected] . Arena
also respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any
use of the Services constitutes copyright or other intellectual property infringement, or that your rights under applicable law
have been otherwise infringed by any User Content, please promptly send a notice to the Arena customer service
representative by email at [email protected] .
15. Create Music Reviews and Blog Reports.
When you create and submit a blog article about an artist or band through the Service in accordance with these Terms,
including having your fan report published by Arena (each, a Music Report”), Arena will provide a credit to your Arena
account in an amount equal to $1 for each 1,000 unique views of the Music Report by Arena users or visitors. Arena’s
decisions regarding the Music Report and the number of corresponding unique views are final and binding.
Each Music Report must contain, at a minimum, the following original User Content: (a) at least one (1) photograph
featuring the artist or band (all photographs must be in JPEG or PNG format, and a minimum photo pixel size (width and
height) of 1280 x 720 pixels), (b) a title for the Music Report (maximum 64 character limit), and (c) a summary statement
about the artist or band (maximum 256 character limit). By submitting any Music Report, you agree that the Music Report
is your original work, no portion of the Music Report has been previously published, you have all necessary rights to submit
all User Content included in the Music Report, and User Content included in your Music Report complies with these Terms
(including the User Guidelines and User Content rules above).
All Music Reports are subject to Arena’s acceptance, in its sole discretion, that the Music Report complies with all of these
Terms. Arena reserves the right not to post or, after posting, to remove, any Music Report for any reason. If your Music
Report is rejected, you may have another opportunity to upload a new Music Report for Arena’s acceptance.
16. Create Arena DJ Playlists.
When an Arena DJ creates and submits a radio playlist through the Services in accordance with these Terms (each, a “Radio
Playlist”), the Arena DJ can receive a credit in the Arena DJ’s account based on the number of listens of tracks on the Arena
DJ’s Radio Playlist and based on the number of Arena registered users who has subscribed to follow (by clicking on the
+Favorite heart button) the Arena DJ (each, an “Arena Follower”).
For Arena DJs with less than five hundred (500) Arena Followers, the Arena DJ can earn a credit to the Arena DJ’s account
in an amount equal $0.005 per track listen by each Arena Follower. For Arena DJs who have five hundred (500) or more
Arena Followers, the Arena DJ can earn a credit to the Arena DJ’s account in an amount equal to $0.01 per track listen by
each Arena Follower. Track listens by the Arena DJ who created the Radio Playlist do not count towards Arena credits.
Arena’s decisions regarding the number of track listens and the number of Arena Followers are final and binding.
Arena DJ’s with five hundred (500) or more Arena Followers and a balance of credits earned from track listens that equals

or exceeds $100 may request all of such Arena credits to be converted to United States dollars, by clicking on the “Get Paid
Now” button under the Arena DJ’s “My Arena Credit” tab. Once Arena has verified that all information in the request is
valid and proper, Arena will cause to be paid to the Arena DJ’s designated PayPal payment the requested amount. Payment
requests usually take 24-48 hours to process once all required information has been submitted.
An Arena DJ can create a Radio Playlist on the Service from among any of the available streaming tracks in the Services’
catalog. The radio playlist must be a minimum of ten (10) tracks and will playback in the order set by the Arena DJ.
Arena DJ’s are selected by Arena, in its sole discretion, from among eligible Arena users.
17. Security.
The Services utilize technology to protect transmitted digital information. Your use of the Services may be limited by such
technology. You acknowledge that, from time to time, Arena may modify or discontinue using such technology. Security
modifications made by Arena may from time to time include required or automated updates, modifications, patches, and/or
reinstallations of software. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK
SECURITY COMPONENTS OR TECHNOLOGY, YOUR ACCESS TO THE SITE MAY BE TERMINATED AND YOU
MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
18. Intellectual Property.
As between you and Arena, you acknowledge that Arena owns or has a license to all rights, title and interest in any
copyrights and all other worldwide intellectual property rights in and to the Services, including that embodied in all Arena
Content. All title and intellectual property rights in and to the licensed Arena Content in the Services is the property of the
respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and
subject to use restrictions under such laws or treaties. You must not alter, delete or conceal any copyright notices or other
intellectual property notice contained on the Service, including notices on any Arena Content you download, transmit,
display, print or reproduce from the Site and/or the Services.
19. Arena Trademarks and Third Party Trademarks.
All trademarks, service marks, trade names, domain names, slogans, taglines, logos, and other indicia of origin for Arena
and its brand, including, without limitation, ARENA®, and its related design logo, LISTEN TO OWN™ (collectively, the
“Arena Trademarks”) used in connection with the Services are the sole property of Arena . The Services may contain third-
party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the Arena
Trademarks or the trademarks of any third party. You may not copy, display or use any of the Arena Marks without the prior
written permission of Arena, at its sole discretion.
20. Electronic Communications.
When you visit the Site, use the Service or send emails to us emails to us, you are communicating with us electronically. By
doing so, you consent to receive communications from us electronically. We will communicate with you through the
Service, by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
21. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
BY USING THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THE
AGREEMENTS. IN ORDER FOR YOU TO HAVE ACCESS TO THE SERVICES, THE AGREEMENTS MUST BE
ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE
TO THE TERMS OF USE CONTAINED IN THE AGREEMENTS, YOU ARE NOT AUTHORIZED TO USE THE
SERVICES. YOU MAY BE DENIED ACCESS TO THE SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU,
FOR NONCOMPLIANCE WITH ANY PROVISION OF THE AGREEMENTS.
THE SERVICES ARE PROVIDED BY ARENA ON AN “AS IS” AND “AS AVAILABLE” BASIS. ARENA MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON OR AVAILABLE THROUGH THE SERVICES, YOU EXPRESSLY AGREE THAT YOUR USE OF
THE SERVICES IS AT YOUR SOLE RISK. ARENA DOES NOT WARRANT THAT THE SERVICES, THE SITE, ITS
SERVERS, OR E-MAIL SENT FROM ARENA ARE FREE OF VIRUSES, INTERFERENCE, HACKING OR OTHER

HARMFUL COMPONENTS AND ARENA DISCLAIMS ANY LIABILITY RELATING THERETO. WITHOUT PRIOR
NOTICE, ARENA MAY MODIFY, SUSPEND, OR DISCONTINUE THE SERVICES (INCLUDING ANY CONTENT)
OR YOUR USE OF THEM. WHENEVER ARENA ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE
SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
ARENA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE
OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK.
ARENA DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY
RELATING TO SUCH INFORMATION IN ANY WAY.
YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE
CONTENT WHEN USING THE ARENA SERVICES. ARENA WILL HAVE NO LIABILITY TO YOU FOR ANY
SUCH CONTENT.
SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE ARENA SERVICES MAY
INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT ARENA ASSUMES
NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES. INDEMNITY.
YOU WILL INDEMNIFY AND HOLD ARENA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS
ARISING OUT OF (I) YOUR BREACH OF THE AGREEMENTS, INCLUDING, BUT NOT LIMITED TO, ANY
INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD
PARTY; OR (II) YOUR USE OF THE SERVICES.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction
with the Services, the site, or any Third Party content is to uninstall any arena software and to stop using the Services, the
site and Third Party content.
22. Third Parties
Arena or its business partners may present advertisements, content or promotional materials on or through the Site and the
Services. Your dealings with, interaction with, or participation in promotions of, any third-party advertisers on or through
the Site are solely between you and such third party and your participation is subject to the terms and conditions associated
with that advertisement, content, or promotion. Third party content (including advertisements) on and links on or to the
Services do not constitute any endorsement by Arena, and Arena assumes no responsibility for any threatening, libelous,
obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights
arising therefrom or any crime facilitated thereby. Arena is not responsible for the accuracy or reliability of third party
information and you assume sole responsibility for the use of third party information. You agree that Arena is not
responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the
presence of such third parties on the Site.
The Site and the Services may present links to third-party web sites not owned or operated by us. We are not responsible for
the availability of these third-party sites or their contents. You agree that we are not responsible or liable, directly or
indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-
party site or goods or services available through any such third-party site.
You may be able to link and/or post content to or from third party websites (e.g., Facebook) and the Site. You are solely
responsible for any such content you post, and for any information contained therein. You are also solely responsible for
complying with any applicable law, regulation and or rule of any applicable government agency and/or such third party
website.

Arena is not involved in any transaction between you and the merchants linked from the Services. If you have a dispute with
one or more merchants, you agree to release and hereby release Arena (and Arena’s officers, directors, agents, subsidiaries,
affiliates, employees, successors, assigns, content providers and service providers) from claims, demands, actual and
consequential damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
23. Applicable Law and Assignment.
By visiting the Site or using the Service, you agree that the laws of the State of Arizona, without regard to principles of
conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Arena. You will not
sublicense, assign, or transfer the license granted to you under these Terms. Any attempt to sublicense, assign, or transfer
any of the rights, duties, or obligations in violation of the provisions of these Terms is void.
24. Disputes.
You and Arena agree that any dispute, claim or controversy arising out of or relating in any way to the Services or your use
thereof, including the Agreements, shall be determined by mandatory, binding arbitration in Phoenix, Arizona; provided,
however, that with respect to any claims (a) seeking to enforce, protect, or determine the validity or ownership of any
intellectual property rights, and (b) related to allegations of theft, piracy or unauthorized use of the Services (collectively,
the “Special Claims”), such Special Claims are not subject to mandatory, binding arbitration. Instead, you and Arena agree
that these Special Claims shall be exclusively decided by courts of competent jurisdiction in Phoenix, Arizona, and that
applicable Arizona and/or Federal law shall govern, without regard to choice of law principles. You agree that these
Agreements involve interstate commerce and are subject to the U.S. Federal Arbitration Act, which governs the
interpretation and enforcement of this provision, and that you and Arena 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 Agreements
and the termination of your Arena account. 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 ARENA 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.
Any arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) 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 Rules with the remainder paid by Arena. Any arbitration costs or fees deemed “excessive” will be paid by Arena.
25. Entire Agreement.
These Agreements constitute all the terms and conditions agreed upon between you and Arena and supersede any prior
agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms
or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to Arena
are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made
by Arena that are not contained in the Agreements.
Please note, however, that other aspects of your use of the Services may be governed by additional agreements. That could
include, for example, access to the Arena community for customer support, access to the Services as a result of a gift card,
or free or discounted trials. You will agree to separate terms and conditions in those circumstances, which are listed in full
{here}. Those terms and conditions shall govern only with regard to the aspect of the Services to which they apply, and are
distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any
conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in
these Terms.

Occasionally we may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”)
through the Services. Special Promotions may be governed by terms and conditions that are separate from these Terms. If
the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions
shall prevail.
26. Severability.
Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or
enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and
the application of that provision shall be enforced to the extent permitted by law.
27. Export Control.
Arena’s products may be subject to U.S. export and reexport control laws and regulations, including the Export
Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions
maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms
Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North
Korea, Sudan, or Syria, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and
economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not, directly or indirectly,
sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products
derived from or based on such technology) received from Arena under these Agreements to any destination, entity, or
person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent
government authorities as required by those laws and regulations. This export control clause shall survive termination or
cancellation of these Agreements.
28. Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written
notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent,
who can be reached as follows:
By mail: DMCA Designated Agent
c/o Arena Digital, LLC
2375 East Camelback Road, 6th Floor
Phoenix, Arizona 85016
By Facsimile: (602) 357-3288
By Email: [email protected]
Pursuant to 17 U.S.C. § 512(c), to be effective, the DMCA notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such works at that site.
3. 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 Arena to locate the
material.
4. Information reasonably sufficient to permit Arena to contact the complaining party, such as an address, telephone
number, and, if available, an email address.
5. A statement that the complaining party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a

response through this process.
29. Contact Us.
Arena welcomes your questions or comments regarding these Terms:
Arena Digital, LLC
2375 East Camelback Road, 6th Floor
Phoenix, Arizona 85016
Email Address: [email protected]
Telephone number: 602.357.3288

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