Terms of Service

Last updated: June 22, 2026 (but honestly, who's counting?)

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU (THE “USER”) AGREE TO BE BOUND BY THESE TERMS OF SERVICE (THE “TERMS”). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, DO NOT ACCESS OR USE THE SERVICE IN ANY CAPACITY WHATSOEVER, INCLUDING BUT NOT LIMITED TO CASUAL BROWSING, INCIDENTAL VIEWING, ACCIDENTAL NAVIGATION, OR INADVERTENT PAGE REFRESH. THIS IS A BINDING LEGAL CONTRACT. SERIOUSLY. IT'S A CONTRACT. YOU ARE MAKING A CONTRACT RIGHT NOW BY READING THIS. PUT DOWN YOUR DRINK. THIS IS LEGAL STUFF.

SECTION 1. DEFINITIONS AND INTERPRETATIONS OF DEFINITIONS AND INTERPRETATIONS

For the purposes of these Terms, the following terms shall have the following meanings, and any failure to understand these meanings shall not constitute a valid defense to any claim arising hereunder or thereunder or wheresoever else counsel may deem strategically advantageous:

1. “Service” shall mean the website located at erlc.fm (and/or any subdomain thereof, including but not limited to fm.erlc.dev, www.erlc.fm, api.erlc.fm, status.erlc.fm, and/or any future domain or subdomain that the operators of the Service may from time to time acquire, register, transfer, lease, purchase, inherit, discover, or otherwise come into possession of, whether by lawful means or by circumstances that would not constitute a criminal offense in the jurisdiction of incorporation), together with all associated features, functionalities, streaming audio feeds, application programming interfaces (APIs), browser extensions, mobile applications, embedded players, Discord bots, Discord slash commands, Discord context menu applications, webhooks, widgets, iframe embeds, and/or any other present or future technological implementation by which audio content, visual content, textual content, metadata, or any other form of information may be transmitted, received, processed, stored, cached, buffered, transcoded, compressed, decompressed, encrypted, decrypted, or otherwise manipulated, regardless of the protocol used (including but not limited to HTTP, HTTPS, WebSocket, WebRTC, RTMP, RTSP, HLS, MPEG-DASH, Icecast, Shoutcast, or any proprietary protocol developed by the operators now or in the future), and all related documentation, support materials, knowledge base articles, FAQ entries, blog posts, social media accounts, Discord server channels, and any other communications, representations, or content produced, endorsed, authorized, or merely tolerated by the operators in connection with the foregoing.
2. “User”(alternatively referred to as “you,” “your,” “the user,” “the visitor,” “the listener,” “the browser,” “the party of the first part,” “the自然人,” “the end user,” “the data subject,” “the audience member,” “the consumer,” “the participant,” “the account holder,” “the person who clicked something they probably should not have clicked,” or any other term that the operators may unilaterally decide applies, in their sole and absolute discretion, retroactively or prospectively) shall mean any individual, corporation, partnership, limited liability company, trust, estate, governmental entity, educational institution, non-profit organization, association, joint venture, unincorporated organization, artificial intelligence agent, automated script, web crawler, data scraper, bot, autonomous system, distributed computing node, blockchain validator, smart contract, or any other legal or natural entity or technological construct that accesses, uses, attempts to access, attempts to use, is capable of accessing, is capable of using, benefits from, is exposed to, is mentioned in connection with, or is in any way whatsoever tangentially related to the Service.
3. “Operators”(alternatively “we,” “us,” “our,” “the management,” “the proprietors,” “the entity behind this whole thing,” “the people who pay for the servers,” “those individuals who have made questionable life choices that led them to operate a niche gaming community radio station,” or “the parties referenced in Exhibit A through Exhibit M as may be amended from time to time”) shall mean the natural persons, legal entities, corporate parents, subsidiaries, affiliates, assigns, successors-in-interest, heirs, beneficiaries, administrators, executors, trustees, agents, representatives, contractors, subcontractors, employees, officers, directors, shareholders, members, partners, stakeholders, investors, donors, patrons, sponsors, advertisers, licensors, licensees, allied entities, related entities, predecessor entities, and/or any person or entity that has ever, at any point in time, contributed code, funding, infrastructure, bandwidth, emotional support, caffeine, or moral encouragement to the operation and maintenance of the Service. The Operators reserve the right to change their identity, corporate structure, legal name, jurisdiction of operation, and/or existential status at any time without notice, and such changes shall not constitute a modification of these Terms.
4. “Content” shall mean any and all audio, visual, audiovisual, textual, graphical, photographic, animated, interactive, dynamic, static, embedded, linked, referenced, streamed, downloaded, cached, buffered, uploaded, submitted, posted, displayed, transmitted, broadcast, syndicated, licensed, sublicensed, distributed, reproduced, modified, adapted, derived, compiled, collected, organized, curated, algorithmically generated, artificially intelligent, machine-learned, neural-network-processed, or otherwise processed data, information, material, or media of any kind whatsoever, in any format or medium now known or hereafter developed, including but not limited to: songs, music tracks, audio recordings, musical compositions, lyrics, album art, metadata, ID3 tags, cover images, artist biographies, discographies, playlists, radio shows, podcasts, voiceovers, announcements, advertisements, promos, jingles, sound effects, samples, loops, beats, instrumentals, acapellas, remixes, mashups, medleys, live recordings, concert footage, interviews, commentary, narration, spoken word, poetry readings, comedy routines, ambient sounds, white noise, nature sounds, ASMR content, user interface elements, icons, logos, trademarks, service marks, trade dress, designs, layouts, color schemes, typography, fonts, animations, transitions, effects, filters, overlays, watermarks, digital signatures, metadata, tags, categories, genres, moods, themes, descriptors, ratings, reviews, comments, messages, chat logs, transcripts, captions, subtitles, translations, descriptions, summaries, analyses, critiques, reviews, recommendations, algorithm outputs, search results, trending data, statistics, analytics, reports, and/or any other form of content that has been, is being, or might in the future be transmitted through or in connection with the Service.
5. “AutoDJ”(also “automated disc jockey,” “the robot that picks songs,” “the algorithmic music selection system,” “a digital entity with questionable taste in music,” “the unnamed protagonist of our collective auditory experience,” or “that thing that plays songs you did not ask for at volumes you did not expect”) shall mean the automated, algorithm-driven, AI-enhanced, machine-learning-optimized, neural-network-powered, LastFM-integrated, metadata-dependent, request-responsive, queue-managed, crossfade-capable, gapless-playback-enabled, adaptive-bitrate-streaming, multi-format-transcoding, recommendation-engine-equipped, listener-preference-analyzing, and perpetually-unpredictable music playback system that forms the core functionality of the Service.
6. “Listening Session”shall mean any period of time, however brief, however inattentive, however accidental, during which a User's device (including but not limited to a desktop computer, laptop computer, tablet computer, smartphone, smartwatch, smart TV, streaming device, game console, virtual reality headset, augmented reality glasses, internet-connected refrigerator, smart speaker, voice assistant, car entertainment system, airplane entertainment system, or any other device capable of receiving, decoding, and rendering digital audio signals) receives, buffers, processes, decodes, and renders any portion of the audio stream transmitted by the Service, regardless of whether the User is actually listening, has the volume muted, is in another room, has fallen asleep, has left their device unattended, or has otherwise failed to consciously perceive the audio content being transmitted.
7. “Force Majeure Event” shall mean any event beyond the reasonable control of the Operators, including but not limited to: acts of God; natural disasters; earthquakes; floods; tsunamis; hurricanes; tornadoes; volcanic eruptions; wildfires; blizzards; extreme temperatures; solar flares; geomagnetic storms; asteroid impacts; pandemic; epidemic; endemic; plague; quarantine; civil unrest; riots; protests; insurrections; revolutions; coups; wars; declared wars; undeclared wars; civil wars; trade wars; cyber wars; nuclear war; terrorist attacks; cyber-terrorist attacks; ransomware attacks; denial-of-service attacks; distributed denial-of-service attacks; zero-day exploits; critical infrastructure failures; power outages; internet outages; DNS outages; CDN failures; cloud provider failures; hosting provider bankruptcies; undersea cable cuts; satellite failures; licensing disputes; copyright claims; DMCA takedowns; cease-and-desist letters; court orders; injunctions; restraining orders; subpoenas; government regulations; executive orders; sanctions; embargoes; trade restrictions; currency fluctuations; inflation; deflation; recession; depression; market crashes; bank failures; labor strikes; work stoppages; sickouts; slowdowns; supply chain disruptions; shipping delays; hardware shortages; software bugs; compiler errors; dependency conflicts; npm package unpublishings; GitHub outages; Discord API changes; LastFM API changes; YouTube API changes; Roblox platform policy changes; ER:LC game updates; Roblox engine updates; changes to web browser policies regarding autoplay; changes to browser policies regarding cross-origin requests; changes to browser policies regarding cookies; changes to browser policies regarding local storage; changes to browser policies regarding service workers; changes to browser policies regarding web audio API; and/or any other event that the Operators, in their sole and exclusive judgment, deem to constitute a valid excuse for any failure of performance, delay in performance, degradation of performance, or complete cessation of performance.

THE OPERATORS RESERVE THE RIGHT TO AMEND, MODIFY, SUPPLEMENT, RESTATE, RECAST, REVISE, AMEND AND RESTATE, OR OTHERWISE ALTER THE FOREGOING DEFINITIONS AT ANY TIME, WITH OR WITHOUT NOTICE, WHETHER RETROACTIVELY, PROSPECTIVELY, OR IN ANY OTHER TEMPORAL ORIENTATION KNOWN TO PHYSICS OR METAPHYSICS, AND SUCH AMENDED DEFINITIONS SHALL BE DEEMED INCORPORATED HEREIN BY REFERENCE AS OF THE EFFECTIVE DATE SPECIFIED IN THE AMENDMENT, WHICH EFFECTIVE DATE MAY PREDATE THE AMENDMENT ITSELF.

SECTION 2. ACCEPTANCE OF TERMS AND ACKNOWLEDGMENT OF ACCEPTANCE OF TERMS AND ACKNOWLEDGMENT THEREOF

2.1 Acceptance by Use

BY ACCESSING OR USING THE SERVICE IN ANY MANNER WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT ACCESS VIA A WEB BROWSER, INDIRECT ACCESS VIA AN EMBEDDED PLAYER ON A THIRD-PARTY WEBSITE, ACCESS VIA THE DISCORD BOT, ACCESS VIA API CALLS, ACCESS VIA RSS FEEDS, ACCESS VIA WEBHOOKS, ACCESS VIA ANY INTEGRATION, PLUGIN, EXTENSION, ADD-ON, OR THIRD-PARTY APPLICATION THAT INTERACTS WITH THE SERVICE, ACCESS FOR THE PURPOSE OF INDEXING, CRAWLING, SCRAPING, OR OTHERWISE EXTRACTING DATA, ACCESS FOR THE PURPOSE OF AUTOMATED TESTING, QUALITY ASSURANCE, SECURITY AUDITING, OR PENETRATION TESTING, ACCESS FOR THE PURPOSE OF ACADEMIC RESEARCH, ACCESS FOR THE PURPOSE OF EDUCATIONAL INSTRUCTION, ACCESS FOR THE PURPOSE OF JOURNALISM OR NEWS REPORTING, ACCESS FOR THE PURPOSE OF PARODY OR SATIRE, ACCESS FOR THE PURPOSE OF CRITICISM OR COMMENTARY, ACCESS FOR THE PURPOSE OF PERSONAL, NON-COMMERCIAL ENJOYMENT, ACCESS BY ACCIDENT, ACCESS BY MISTAKE, ACCESS AS A RESULT OF A MISDIRECTED URL, ACCESS AS A RESULT OF A TYPO, ACCESS AS A RESULT OF AUTOCORRECT, ACCESS AS A RESULT OF A BROWSER AUTOCOMPLETE FEATURE, ACCESS AS A RESULT OF A SEARCH ENGINE RESULT, ACCESS AS A RESULT OF A SOCIAL MEDIA SHARE, ACCESS AS A RESULT OF A FRIEND'S RECOMMENDATION, ACCESS AS A RESULT OF A TARGETED ADVERTISEMENT, ACCESS AS A RESULT OF A NON-TARGETED ADVERTISEMENT, ACCESS AS A RESULT OF AMBIENT OR BACKGROUND NOISE, ACCESS WHILE ASLEEP, ACCESS WHILE INTOXICATED, ACCESS UNDER DURESS, ACCESS UNDER FALSE PRETENSES, ACCESS UNDER ANY CIRCUMSTANCES WHATSOEVER, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY, TOGETHER WITH ANY AND ALL ADDITIONAL TERMS, POLICIES, GUIDELINES, RULES, REQUIREMENTS, RESTRICTIONS, PROCEDURES, PROTOCOLS, SCHEDULES, EXHIBITS, APPENDICES, ADDENDA, SUPPLEMENTS, AMENDMENTS, MODIFICATIONS, UPDATES, REVISIONS, CORRECTIONS, ERRATA, AND/OR CLARIFICATIONS THAT MAY BE ISSUED FROM TIME TO TIME.

2.2 Acceptance by Inaction

IN THE EVENT THAT YOU DO NOT EXPLICITLY AFFIRM OR EXPLICITLY REJECT THESE TERMS (WHETHER DUE TO INDIFFERENCE, PROCRASTINATION, FORGETFULNESS, CONFUSION, TECHNICAL DIFFICULTY, COMMUNICATION FAILURE, OR ANY OTHER REASON WHATSOEVER), YOUR CONTINUED EXISTENCE IN THE VICINITY OF THE SERVICE, WHETHER PHYSICAL, VIRTUAL, CONCEPTUAL, OR OTHERWISE, SHALL BE DEEMED TO CONSTITUTE IMPLICIT ACCEPTANCE OF THESE TERMS. THIS INCLUDES, BUT IS NOT LIMITED TO: LEAVING A BROWSER TAB OPEN TO THE SERVICE, KEEPING THE SERVICE IN YOUR BROWSER HISTORY, BOOKMARKING THE SERVICE, SHARING THE URL OF THE SERVICE, MENTIONING THE SERVICE IN CONVERSATION, THINKING ABOUT THE SERVICE, DREAMING ABOUT THE SERVICE, OR OTHERWISE FAILING TO ACTIVELY AND DEMONSTRABLY REJECT THESE TERMS THROUGH A FORMALLY EXECUTED WRITTEN INSTRUMENT DELIVERED VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO THE OPERATORS' REGISTERED AGENT.

2.3 Acceptance by Third Parties and Non-Human Entities

ANY ARTIFICIAL INTELLIGENCE, MACHINE LEARNING MODEL, NEURAL NETWORK, AUTOMATED SCRIPT, BOT, CRAWLER, SCRAPER, OR OTHER NON-HUMAN ENTITY THAT ACCESSES THE SERVICE, WHETHER OR NOT SUCH ACCESS WAS AUTHORIZED BY THESE TERMS, SHALL BE DEEMED TO HAVE ACCEPTED THESE TERMS ON BEHALF OF ITS OPERATOR, DEVELOPER, OWNER, LICENSEE, OR CONTROLLING ENTITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY AI SYSTEM TRAINED ON DATA OBTAINED FROM THE SERVICE, ANY LARGE LANGUAGE MODEL WHOSE TRAINING DATA CORPUS INCLUDES CONTENT FROM THE SERVICE, AND ANY AUTONOMOUS AGENT THAT INTERACTS WITH THE SERVICE IN ANY WAY WHATSOEVER. THE OPERATORS HEREBY ASSERT THEIR RIGHT TO OBJECT TO THE USE OF CONTENT FROM THE SERVICE FOR THE PURPOSE OF TRAINING MACHINE LEARNING MODELS, ARTIFICIAL INTELLIGENCE SYSTEMS, AND/OR NEURAL NETWORKS, PURSUANT TO ANY AND ALL APPLICABLE LAWS, REGULATIONS, DIRECTIVES, AND/OR INTERNATIONAL TREATIES THAT MAY NOW EXIST OR BE HEREAFTER ENACTED.

2.4 Acceptance by Corporations and Other Legal Entities

IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF A CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY, GOVERNMENTAL ENTITY, EDUCATIONAL INSTITUTION, NON-PROFIT ORGANIZATION, OR ANY OTHER LEGAL ENTITY (COLLECTIVELY, A “LEGAL ENTITY”), YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE FULL POWER, AUTHORITY, AND CAPACITY TO BIND SUCH LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MAY NOT ACCESS OR USE THE SERVICE ON BEHALF OF SUCH LEGAL ENTITY, AND ANY ACCESS OR USE BY YOU SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE OF THESE TERMS IN YOUR INDIVIDUAL CAPACITY ONLY. THE OPERATORS MAKE NO REPRESENTATION OR WARRANTY REGARDING THE VALIDITY OR ENFORCEABILITY OF ANY AGREEMENT PURPORTEDLY ENTERED INTO ON BEHALF OF A LEGAL ENTITY THROUGH THE MECHANISMS DESCRIBED HEREIN, AND THE OPERATORS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO DISPUTES REGARDING THE AUTHORITY OF ANY INDIVIDUAL TO BIND A LEGAL ENTITY TO THESE TERMS.

SECTION 3. SERVICE DESCRIPTION, SCOPE, NATURE, LIMITATIONS, AND ACKNOWLEDGMENT OF THE FUNDAMENTALLY ARBITRARY NATURE OF EXISTENCE IN A UNIVERSE GOVERNED BY ENTROPY

3.1 Core Service Offering

The Service is described as a “24/7 web radio station” serving the Emergency Response: Liberty County (ER:LC) community within the Roblox platform. This description is provided for informational purposes only and shall not be construed as a guarantee, warranty, commitment, representation, promise, covenant, undertaking, or binding obligation of any kind. The Service provides continuous music streaming powered by the AutoDJ system, which utilizes LastFM integration, algorithmic selection, user requests, random number generation, chaotic elements, emergent properties of complex systems, and, occasionally, the Operators' personal preferences, to determine which audio content is transmitted through the Service at any given time.

3.2 Service Limitations and Disclaimers Regarding Service Limitations and Disclaimers Therefor

• The Service may not be available at all times. The Service may be interrupted, suspended, terminated, degraded, throttled, rate-limited, geo-blocked, IP-blocked, DNS-poisoned, or otherwise interfered with for any reason or no reason, with or without notice, at the Operators' sole and absolute discretion.
• The Service may not be available in all geographic regions. The Operators make no representation that the Service is accessible, lawful, permissible, advisable, or enjoyable in your jurisdiction. You access the Service at your own risk and are solely responsible for compliance with all applicable local, state, national, and international laws, regulations, ordinances, directives, decrees, orders, treaties, conventions, protocols, and/or other legal requirements.
• The Service may contain content that you find offensive, objectionable, inappropriate, distasteful, annoying, repetitive, boring, poorly produced, badly mixed, incorrectly tagged, misattributed, of questionable musical merit, or otherwise unsatisfactory. You acknowledge that musical taste is inherently subjective and agree not to hold the Operators responsible for any disappointment, frustration, distress, discomfort, or existential crisis arising from exposure to content transmitted through the Service.
• The AutoDJ system is, by its nature, unpredictable. It may play songs you love, songs you hate, songs you have never heard of, songs you wish you could forget, the same song three times in a row, songs in languages you do not understand, songs recorded before you were born, songs recorded after you die (metaphorically speaking), songs that have been memed to death, songs that should have stayed buried in the 2000s, songs that make you question the very fabric of reality, and occasionally, silence or static due to technical difficulties. You accept this unpredictability as a fundamental feature of the Service.
• The Service may feature content that is user-submitted, user-requested, or user-generated. The Operators do not endorse, approve, verify, authenticate, validate, certify, warrant, or guarantee the accuracy, completeness, timeliness, relevance, quality, safety, legality, or appropriateness of any such content, and expressly disclaim any and all liability arising from or related to user-submitted content.

3.3 No Guarantee of Service Continuity

THE SERVICE IS PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS. THE OPERATORS DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, VIRUS-FREE, MALWARE-FREE, SPYWARE-FREE, ADWARE-FREE, ROOTKIT-FREE, TROJAN-FREE, WORM-FREE, RANSOMWARE-FREE, PHISHING-FREE, SPAM-FREE, BOTNET-FREE, CRYPTOJACKING-FREE, OR OTHERWISE FREE FROM ANY CODE, SCRIPT, PROGRAM, COMPONENT, ELEMENT, SUBSTANCE, OR ENTITY THAT COULD BE CONSIDERED HARMFUL, MALICIOUS, DESTRUCTIVE, DISRUPTIVE, INVASIVE, EXPLOITATIVE, SURREPTITIOUS, UNAUTHORIZED, OR OTHERWISE UNDESIRABLE. THE OPERATORS FURTHER DO NOT GUARANTEE THAT THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OPERATING SYSTEM, BROWSER, DEVICE, PLATFORM, NETWORK, INTERNET CONNECTION, INTERNET SERVICE PROVIDER, DATA PLAN, RATE PLAN, TARIFF, OR OTHER ELEMENT OF THE TECHNICAL ECOSYSTEM WITHIN WHICH YOU OPERATE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR DEVICES, SOFTWARE, AND NETWORK CONFIGURATION ARE SUITABLE FOR ACCESSING AND USING THE SERVICE.

3.4 Service Evolution, Degradation, Abandonment, and Resurrection

The Operators reserve the right, at any time and from time to time, to: (a) modify, update, upgrade, downgrade, patch, hotfix, refactor, rewrite, rebuild, reconfigure, rebalance, or otherwise change the Service or any part thereof; (b) add new features, functionalities, content, or services; (c) remove, deprecate, disable, discontinue, retire, sunset, or delete any feature, functionality, content, or service, whether temporarily or permanently; (d) impose, increase, decrease, or eliminate any fees, charges, subscriptions, payments, or other financial requirements for access to any part of the Service; (e) impose, increase, decrease, or eliminate any usage limits, rate limits, bandwidth caps, storage quotas, request limits, or other quantitative restrictions; (f) rebrand, rename, redesign, restructure, reorganize, or reimagine the Service or any part thereof, including but not limited to changing the domain name, visual identity, aesthetic theme, color scheme, typography, logo, tagline, or overall vibe; (g) discontinue the Service entirely, whether permanently or indefinitely, with or without notice, for any reason or no reason, including but not limited to loss of interest, burnout, financial constraints, legal pressure, acquisition by a larger entity, the heat death of the universe, or simply because the Operators feel like it. In the event of permanent discontinuation of the Service, the Operators may, in their sole discretion, provide a period of notice, archival access, data export functionality, migration assistance, and/or a heartfelt farewell message, but are under no obligation to do so.

SECTION 4. AGE REQUIREMENTS, REPRESENTATIONS, WARRANTIES, ATTESTATIONS, DECLARATIONS, AND AFFIDAVITS REGARDING SUFFICIENT MATURITY AND COGNITIVE CAPACITY

4.1 Minimum Age Requirement

The Service is intended for audiences aged thirteen (13) years and older. By accessing or using the Service, you represent, warrant, covenant, guarantee, attest, certify, affirm, declare, swear, pledge, promise, and stipulate that you are at least thirteen (13) years of age, as measured in Earth years (approximately 365.25 Earth solar days per year, adjusted for leap years, leap seconds, and relativistic effects that may cause time dilation if you have been traveling at near-light speeds).

4.2 Parental Consent Requirements for Users Under 18

If you are between the ages of thirteen (13) and eighteen (18) (or the applicable age of majority in your jurisdiction), you represent and warrant that you have obtained the consent of your parent or legal guardian to access and use the Service and to be bound by these Terms. Your parent or legal guardian, by virtue of permitting you to access and use the Service, hereby agrees to be bound by these Terms on your behalf and accepts full responsibility and liability for your actions, omissions, conduct, behavior, purchases, communications, and any other activities undertaken in connection with your use of the Service. The Operators strongly recommend that parents and legal guardians monitor their children's internet usage and discuss the potential risks associated with online services, including but not limited to exposure to explicit content, interaction with strangers, data collection practices, and the philosophical implications of an increasingly digital existence.

4.3 Prohibition on Access by Users Under 13

IF YOU ARE UNDER THE AGE OF THIRTEEN (13) YEARS, YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICE IN ANY MANNER WHATSOEVER. DO NOT ACCESS THE SERVICE. DO NOT ATTEMPT TO ACCESS THE SERVICE. DO NOT ASK SOMEONE ELSE TO ACCESS THE SERVICE ON YOUR BEHALF. DO NOT USE A VIRTUAL PRIVATE NETWORK (VPN), PROXY SERVER, TOR NETWORK, OR ANY OTHER ANONYMIZATION OR GEO-SPOOFING TECHNOLOGY TO CIRCUMVENT THIS PROHIBITION. DO NOT LIE ABOUT YOUR AGE. LYING ABOUT YOUR AGE ON THE INTERNET IS INAPPROPRIATE, POTENTIALLY ILLEGAL, AND FRANKLY A BIT EMBARRASSING FOR EVERYONE INVOLVED. THE OPERATORS TAKE AGE VERIFICATION SERIOUSLY, ALTHOUGH THE OPERATORS ALSO ACKNOWLEDGE THAT COMPREHENSIVE AGE VERIFICATION ON THE INTERNET IS FUNDAMENTALLY IMPRACTICABLE AND LARGELY DEPENDENT ON THE HONESTY OF USERS, WHICH CREATES A CERTAIN PARADOX THAT THE OPERATORS ARE NOT OBLIGATED TO RESOLVE. IF THE OPERATORS DISCOVER THAT A USER IS UNDER THE AGE OF THIRTEEN, THE OPERATORS WILL TERMINATE SUCH USER'S ACCESS TO THE SERVICE, DELETE ANY DATA ASSOCIATED WITH SUCH USER TO THE EXTENT TECHNICALLY FEASIBLE, AND POSSIBLY SEND A DISAPPOINTED LOOK IN THE GENERAL DIRECTION OF SUCH USER&aposS IP ADDRESS.

4.4 Age Representation Acknowledgment and Indemnification

YOU ACKNOWLEDGE AND AGREE THAT THE OPERATORS ARE RELYING ON YOUR AGE REPRESENTATIONS AS PROVIDED HEREIN AND THAT THE OPERATORS WOULD NOT PERMIT YOU TO ACCESS OR USE THE SERVICE IN THE ABSENCE OF SUCH REPRESENTATIONS. YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OPERATORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LAWSUITS, PROCEEDINGS, INVESTIGATIONS, INQUIRIES, AUDITS, PENALTIES, FINES, JUDGMENTS, AWARDS, DAMAGES, COSTS, EXPENSES, AND LIABILITIES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, COURT COSTS, LITIGATION EXPENSES, SETTLEMENT AMOUNTS, AND EXPERT WITNESS FEES) ARISING FROM OR RELATED TO ANY MISREPRESENTATION REGARDING YOUR AGE OR YOUR LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.

SECTION 5. CONTENT DISCLAIMER, WARNING, ADVISORY, NOTICE, ALERT, CAUTIONARY STATEMENT, AND COMPREHENSIVE DISCLAIMER REGARDING ALL CONTENT TRANSMITTED THROUGH THE SERVICE

5.1 Explicit Content Warning

NOTICE: erlc.fm IS A 13+ RADIO STATION AND DOES NOT EMPLOY CONTENT FILTERS, PROFANITY CENSORS, EXPLICIT LANGUAGE DETECTION, OR ANY FORM OF AUTOMATED CONTENT MODERATION WITH RESPECT TO THE AUDIO CONTENT STREAMED THROUGH THE SERVICE. IT IS POSSIBLE, LIKELY, AND INEVITABLE THAT SONGS PLAYED THROUGH THE AUTODJ SYSTEM WILL CONTAIN SWEAR WORDS, SLURS, PROFANITY, VULGAR LANGUAGE, GRAPHIC LYRICS, SEXUAL CONTENT, VIOLENT CONTENT, DRUG REFERENCES, ALCOHOL REFERENCES, TOBACCO REFERENCES, POLITICAL COMMENTARY, RELIGIOUS THEMES, CONTROVERSIAL OPINIONS, OFFENSIVE STEREOTYPES, CULTURALLY INSENSITIVE MATERIALS, HISTORICALLY INACCURATE STATEMENTS, CONSPIRACY THEORIES, BLATANT MISINFORMATION, AND/OR OTHER CONTENT THAT MAY BE CONSIDERED INAPPROPRIATE, OFFENSIVE, OBJECTIONABLE, DISTURBING, TRAUMATIC, TRIGGERING, OR OTHERWISE UNSUITABLE FOR CERTAIN AUDIENCES.

5.2 Nature and Source of Content

Music selections played through the AutoDJ system are generated automatically based on: (a) available metadata obtained from LastFM and other third-party data sources; (b) user-submitted requests processed through the Discord bot, web interface, API, and/or other request channels; (c) algorithmic curation based on listening patterns, popularity metrics, trending signals, genre classifications, mood analysis, tempo detection, key detection, danceability scores, energy levels, acousticness values, instrumentalness values, liveness measures, speechiness indicators, valence ratings, and/or other quantitative and qualitative metrics; (d) random selection from the available music library; (e) thematic playlists curated around specific genres, eras, moods, holidays, events, or arbitrary themes chosen by the Operators or by the AutoDJ system itself; (f) scheduled programming blocks decided upon by the Operators; (g) partnerships, promotions, sponsorships, or other commercial arrangements that the Operators may from time to time enter into; and/or (h) pure, uncut randomness. The Operators do not manually review, screen, approve, edit, censor, or otherwise curate each individual song for explicit or objectionable content prior to its transmission through the Service.

5.3 User Responsibility and Listener Discretion

THE OPERATORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY, LIABILITY, OBLIGATION, OR DUTY TO WARN, PROTECT, SHIELD, SHELTER, INSULATE, ISOLATE, OR OTHERWISE SAFEGUARD ANY USER FROM EXPOSURE TO CONTENT THAT MAY BE DEEMED OFFENSIVE, OBJECTIONABLE, INAPPROPRIATE, DISTURBING, TRAUMATIC, TRIGGERING, OR OTHERWISE UNDESIRABLE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE CONTENT YOU CHOOSE TO EXPOSE YOURSELF TO. THE OPERATORS STRONGLY ENCOURAGE YOU TO EXERCISE LISTENER DISCRETION, ADJUST YOUR VOLUME TO APPROPRIATE LEVELS, USE HEADPHONES IN PUBLIC SPACES, BE AWARE OF YOUR SURROUNDINGS, AND TAKE APPROPRIATE PRECAUTIONS TO ENSURE THAT YOUR USE OF THE SERVICE DOES NOT RESULT IN SOCIAL EMBARRASSMENT, PROFESSIONAL CONSEQUENCES, LEGAL LIABILITY, MARITAL DISCORD, FAMILY CONFLICT, FRIENDSHIP DISSOLUTION, EMPLOYMENT TERMINATION, ACADEMIC PENALTY, HOUSING DISPLACEMENT, COMMUNITY OSTRACIZATION, PUBLIC SCANDAL, REPUTATIONAL HARM, PERSONAL INJURY, EMOTIONAL DISTRESS, PSYCHOLOGICAL TRAUMA, OR ANY OTHER ADVERSE OUTCOME WHATSOEVER.

5.4 Content Reporting Mechanism

While the Operators do not guarantee that any reported content will be removed, modified, or even acknowledged, the Operators provide the following mechanism for Users to report content that they believe violates applicable law or these Terms: Users may join the official Discord server (accessible via the link provided elsewhere on the Service) and submit a report in the appropriate channel, or contact a member of the moderation team directly. The Operators may, in their sole and absolute discretion, review reported content and take such action as they deem appropriate, which may include: (a) removing the reported content from the playlist queue; (b) adding the reported content to a blacklist or blocklist; (c) investigating the circumstances surrounding the reported content; (d) taking no action whatsoever; (e) responding to the reporting User with a polite but ultimately unsatisfying explanation of why no action will be taken; and/or (f) implementing additional filter mechanisms or moderation protocols if the Operators determine that such measures are warranted. THE OPERATORS EXPRESSLY DISCLAIM ANY OBLIGATION TO RESPOND TO, ACT UPON, OR EVEN ACKNOWLEDGE RECEIPT OF ANY CONTENT REPORT, AND THE OPERATORS SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATED TO THEIR HANDLING (OR FAILURE TO HANDLE) ANY CONTENT REPORT.

5.5 No Endorsement of Content

The transmission of any content through the Service shall not be construed as an endorsement, approval, recommendation, promotion, sponsorship, affiliation, association, connection, or linkage by or between the Operators and the creators, performers, rights holders, publishers, labels, distributors, or other entities associated with such content. The Operators do not purport to represent, embody, reflect, or communicate the views, opinions, beliefs, values, principles, ideologies, political positions, religious convictions, moral standards, ethical frameworks, aesthetic preferences, or any other subjective or objective positions of the artists or rights holders whose content is transmitted through the Service. Any content transmitted through the Service is done so solely for the purpose of providing an auditory experience and shall not be interpreted as having any deeper meaning, message, or significance beyond its existence as sound waves of varying frequencies and amplitudes.

SECTION 6. THIRD-PARTY SERVICES, INTEGRATIONS, EMBEDDED CONTENT, EXTERNAL LINKS, AND THE INEXTRICABLE INTERCONNECTEDNESS OF ALL THINGS DIGITAL

6.1 Third-Party Platforms and Services

The Service integrates with, embeds content from, links to, references, depends upon, communicates with, exchanges data with, and/or otherwise interacts with various third-party platforms, services, applications, websites, APIs, SDKs, libraries, frameworks, protocols, standards, and technologies. These third-party services include, but are not limited to:

• LastFM (“Last.fm Ltd.”) — used for music metadata, artist information, album art, track identification, scrobbling, listening statistics, and personalized recommendations. LastFM's own terms of service and privacy policy are available at https://www.last.fm/legal/terms and https://www.last.fm/legal/privacy, respectively.
• Discord (“Discord Inc.”) — used for community engagement, user communication, moderation, command-based music requests, and integration features. Discord's own terms of service and privacy policy are available at https://discord.com/terms and https://discord.com/privacy, respectively.
• YouTube (“Google LLC” / “Alphabet Inc.”) — used for music video integration, content discovery, audio playback, metadata enrichment, and/or alternative streaming sources. YouTube's terms of service are available at https://www.youtube.com/t/terms.
• Groq (“Groq Inc.”) — used for artificial intelligence-powered song suggestions and content moderation through the Llama language model. Groq's terms of service are available at https://groq.com/terms.
• LastFM (“Last.fm Ltd.”) — used for music metadata, artist information, album art, track identification, and listening recommendations to inform the AutoDJ system. LastFM's terms of service are available at https://www.last.fm/legal/terms.
• Discord (“Discord Inc.”) — used for community engagement, user communication, moderation, Discord bot commands, and integration features. Discord's terms of service are available at https://discord.com/terms.
• Roblox (“Roblox Corporation”) — the platform on which the ER:LC game (the community that the Service serves) is hosted. The Service is not affiliated with, endorsed by, sponsored by, approved by, or in any way officially connected with Roblox Corporation or ER:LC.
• Render (“Render Services Inc.”) — used for hosting, backend infrastructure, and deployment.
• MongoDB (“MongoDB Inc.”) — used for database storage and data persistence.
• Supabase (“Supabase Inc.”) — used for file storage and hosting of uploaded assets.
• GitHub (“GitHub Inc.” / “Microsoft Corporation”) — used for source code management, version control, issue tracking, and continuous integration/deployment.
• LrcLib (“LrcLib.net”) — used for fetching synchronized and plain song lyrics for the radio player display.

6.2 No Responsibility for Third-Party Services

THE OPERATORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY, LIABILITY, OBLIGATION, OR DUTY WHATSOEVER ARISING FROM OR RELATED TO ANY THIRD-PARTY SERVICE, INCLUDING BUT NOT LIMITED TO: (A) THE CONTENT, PRODUCTS, SERVICES, FEATURES, FUNCTIONALITIES, OR OFFERINGS OF ANY THIRD-PARTY SERVICE; (B) THE TERMS OF SERVICE, PRIVACY POLICIES, DATA PRACTICES, SECURITY MEASURES, OR COMPLIANCE PRACTICES OF ANY THIRD-PARTY SERVICE; (C) THE AVAILABILITY, RELIABILITY, PERFORMANCE, SECURITY, OR CONTINUITY OF ANY THIRD-PARTY SERVICE; (D) ANY MODIFICATION, SUSPENSION, TERMINATION, OR DISCONTINUATION OF ANY THIRD-PARTY SERVICE; (E) ANY DATA BREACH, SECURITY INCIDENT, UNAUTHORIZED ACCESS, DATA LOSS, DATA CORRUPTION, OR OTHER ADVERSE EVENT AFFECTING A THIRD-PARTY SERVICE; (F) ANY CHANGES TO THE PRICING, FEATURES, FUNCTIONALITY, ACCESSIBILITY, OR TERMS OF ANY THIRD-PARTY SERVICE; (G) ANY DISPUTE, CONTROVERSY, CLAIM, OR PROCEEDING BETWEEN YOU AND A THIRD-PARTY SERVICE PROVIDER; AND (H) ANY OTHER MATTER RELATING TO OR ARISING FROM YOUR USE OF OR INTERACTION WITH ANY THIRD-PARTY SERVICE. YOUR USE OF ANY THIRD-PARTY SERVICE IS GOVERNED SOLELY BY THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF THAT THIRD-PARTY SERVICE, AND YOU ARE ADVISED TO READ SUCH TERMS AND POLICIES CAREFULLY BEFORE USING ANY THIRD-PARTY SERVICE.

6.3 External Links

The Service may contain links to external websites, platforms, resources, and content that are not owned, operated, controlled, maintained, endorsed, or reviewed by the Operators. These links are provided solely for your convenience and informational purposes. The Operators have no control over the content, privacy policies, terms of service, security practices, or any other aspect of such external websites or resources. The inclusion of any link does not imply endorsement, approval, recommendation, sponsorship, affiliation, or association by or between the Operators and the operators of such external websites or resources. YOU ACCESS ANY EXTERNAL WEBSITES OR RESOURCES ENTIRELY AT YOUR OWN RISK, AND THE OPERATORS SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF ANY EXTERNAL WEBSITES OR RESOURCES.

SECTION 7. USER CONDUCT, PROHIBITED ACTIVITIES, UNACCEPTABLE BEHAVIORS, FORBIDDEN ACTIONS, AND A GENERAL SENSE OF HOW ONE OUGHT TO BEHAVE IN CIVILIZED SOCIETY

7.1 General Standards of Conduct

In connection with your use of the Service, you agree to conduct yourself in a manner that is, at minimum, not actively malicious, destructive, illegal, or counterproductive to the continued operation of the Service. Without limiting the generality of the foregoing, you agree that you shall not, and shall not permit any third party or non-human entity to:

• Violate any applicable law, statute, ordinance, regulation, rule, directive, decree, order, treaty, convention, protocol, or other legal requirement;
• Infringe upon, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, contractual rights, or any other rights of any person or entity;
• Transmit, upload, submit, post, distribute, or otherwise make available any content that is defamatory, libelous, slanderous, harassing, threatening, abusive, hateful, discriminatory, violent, graphic, sexually explicit, obscene, pornographic, or otherwise objectionable;
• Impersonate any person or entity, including but not limited to any Operator, moderator, administrator, or official of the Service;
• Misrepresent your identity, age, affiliation, qualifications, credentials, intentions, or any other aspect of your person or legal or natural existence;
• Engage in any activity that is designed to or has the effect of disrupting, damaging, degrading, impairing, interfering with, overburdening, overwhelming, or compromising the Service or any server, network, system, infrastructure, or resource connected to or used in connection with the Service;
• Attempt to gain unauthorized access to any part of the Service, any server, network, system, infrastructure, or resource connected to or used in connection with the Service, or any account, data, information, or content stored or transmitted through the Service;
• Circumvent, bypass, disable, defeat, overcome, or otherwise render ineffective any security measure, access control, authentication mechanism, rate limit, geo-block, IP block, or other protective measure implemented by the Operators;
• Collect, harvest, scrape, extract, aggregate, or otherwise obtain data, information, or content from the Service through automated means, bots, crawlers, scrapers, spiders, scripts, or other technological mechanisms, unless expressly authorized in writing by the Operators;
• Use the Service for any commercial purpose, including but not limited to advertising, marketing, promotion, solicitation, or resale of the Service or any aspect thereof, without the express prior written consent of the Operators;
• Attempt to manipulate, tamper with, exploit, abuse, or game the AutoDJ system, the request system, the voting system, the recommendation algorithm, or any other aspect of the Service in order to unfairly influence content selection, bypass restrictions, or gain any advantage;
• Submit excessive, repetitive, fraudulent, automated, or otherwise abusive requests through the music request system or any other feature of the Service;
• Use the Service in Any Manner That Could Reasonably Be Expected To, In The Operators' Sole and Absolute Discretion, Bring the Service or the Operators into Disrepute, Discredit, Disfavor, Dishonor, or Disrepute.

7.2 Enforcement of Conduct Standards

The Operators reserve the right, but do not assume the obligation, to monitor, review, investigate, audit, analyze, evaluate, assess, or otherwise oversee your use of the Service for compliance with these Terms and applicable law. The Operators further reserve the right, in their sole and absolute discretion, to take any enforcement action they deem appropriate in response to any violation of these Terms or any suspected violation thereof. Enforcement actions may include, but are not limited to:

• Issuing a warning, whether formal or informal, public or private, stern or gentle, to the violating User;
• Temporarily or permanently suspending, restricting, limiting, throttling, or terminating the violating User's access to the Service or any part thereof;
• Blocking the violating User's IP address, IP address range, device fingerprint, browser fingerprint, account, or any other identifying attribute;
• Removing, deleting, hiding, flagging, marking, or otherwise taking action with respect to any content submitted, uploaded, transmitted, or otherwise made available by the violating User;
• Reporting the violating User's conduct to appropriate law enforcement authorities, regulatory bodies, internet service providers, platform operators, or other relevant entities;
• Pursuing legal action against the violating User, including but not limited to claims for damages, injunctive relief, specific performance, and/or declaratory judgment;
• Taking any other action that the Operators, in their sole and absolute discretion, deem necessary or appropriate to address the violation and/or prevent future violations.

THE OPERATORS SHALL HAVE NO LIABILITY WHATSOEVER TO ANY USER, THIRD PARTY, OR OTHER ENTITY ARISING FROM OR RELATED TO ANY ENFORCEMENT ACTION TAKEN PURSUANT TO THIS SECTION OR OTHERWISE IN CONNECTION WITH THE OPERATION OF THE SERVICE.

SECTION 8. INTELLECTUAL PROPERTY RIGHTS AND THE COMPLICATED LEGAL FRAMEWORK SURROUNDING WHO OWNS WHAT AND WHETHER ANY OF THIS IS ACTUALLY ENFORCEABLE IN YOUR JURISDICTION

8.1 Service Content and Operators' Intellectual Property

Unless otherwise indicated, all content, materials, design elements, layout, typography, color schemes, logos, icons, graphics, images, animations, audio recordings, textual content, code, scripts, software, databases, algorithms, systems, architectures, protocols, APIs, documentation, and other elements of the Service (collectively, the “Service Materials”) are the proprietary property of the Operators, their licensors, or other content providers, and are protected by applicable copyright, trademark, patent, trade secret, and/or other intellectual property and proprietary rights laws. Nothing in these Terms shall be construed to grant you any license, right, title, interest, or claim in or to any Service Materials, except for the limited, non-exclusive, non-transferable, revocable, non-sublicensable right to access and use the Service for your personal, non-commercial entertainment purposes in accordance with these Terms.

8.2 Third-Party Content and Fair Use Considerations

The music content streamed through the Service is the intellectual property of its respective creators, performers, composers, lyricists, publishers, record labels, distributors, and/or rights holders. The Service transmits this content for the purpose of providing an auditory experience to Users and does not claim any ownership, copyright, or other proprietary interest in such content. The Operators believe that the operation of the Service, including the transmission of third-party musical content through the AutoDJ system, may constitute fair use or fair dealing under applicable copyright laws, given the non-commercial, transformative, and community-oriented nature of the Service, but make no representation or warranty regarding the legal status of such transmissions. The Operators acknowledge that copyright law is complex, jurisdiction-dependent, and subject to interpretation, and the Operators agree to comply with valid takedown notices and court orders as required by applicable law.

8.3 Trademarks

“erlc.fm,” the erlc.fm logo and design, and any other trade names, trademarks, service marks, logos, trade dress, product names, service names, slogans, taglines, or indicia of origin used in connection with the Service are the exclusive property of the Operators or are used under license. All other trade names, trademarks, service marks, logos, trade dress, product names, service names, slogans, taglines, or indicia of origin appearing on or in connection with the Service are the property of their respective owners. You may not use any of the foregoing without the prior written consent of the applicable owner. “Roblox,” “ER:LC,” “Emergency Response: Liberty County,” and related marks are the property of their respective owners. The Service is not affiliated with, endorsed by, or sponsored by Roblox Corporation or any ER:LC developer.

SECTION 9. DISCLAIMERS AND DISCLAIMERS OF DISCLAIMERS AND COMPREHENSIVE DISCLAIMERS OF ALL WARRANTIES AND REPRESENTATIONS WHATSOEVER

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATORS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, COVENANTS, CONDITIONS, AND UNDERTAKINGS, INCLUDING BUT NOT LIMITED TO:

• THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, COURSE OF DEALING, COURSE OF PERFORMANCE, AND USAGE OF TRADE;
• ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, STANDARDS, PREFERENCES, OR NEEDS;
• ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, VIRUS-FREE, OR FREE FROM ANY HARMFUL, MALICIOUS, OR OTHERWISE UNDESIRABLE CODE, CONTENT, OR COMPONENTS;
• ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, QUALITY, LEGALITY, SAFETY, OR APPROPRIATENESS OF ANY CONTENT, DATA, INFORMATION, OR MATERIALS ACCESSED THROUGH THE SERVICE;
• ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE;
• ANY WARRANTY THAT THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OPERATING SYSTEM, BROWSER, DEVICE, PLATFORM, OR NETWORK;
• ANY WARRANTY THAT THE SERVICE WILL REMAIN IN OPERATION FOR ANY PARTICULAR PERIOD OF TIME, WHETHER INDEFINITE, FINITE, OR OTHERWISE;
• ANY WARRANTY REGARDING THE SECURITY, PRIVACY, CONFIDENTIALITY, OR INTEGRITY OF ANY DATA, INFORMATION, OR COMMUNICATIONS TRANSMITTED THROUGH OR STORED IN CONNECTION WITH THE SERVICE;
• ANY WARRANTY REGARDING THE LEGALITY, PERMISSIBILITY, OR ADVISABILITY OF ACCESSING OR USING THE SERVICE IN ANY PARTICULAR JURISDICTION;
• ANY WARRANTY REGARDING THE ENFORCEABILITY OF ANY PROVISION OF THESE TERMS IN ANY PARTICULAR JURISDICTION.

9.2 No Affiliation Disclaimer

THE SERVICE IS NOT AFFILIATED WITH, ENDORSED BY, SPONSORED BY, APPROVED BY, AUTHORIZED BY, LICENSED BY, OR IN ANY WAY OFFICIALLY CONNECTED WITH ROBLOX CORPORATION, THE DEVELOPERS OF “EMERGENCY RESPONSE: LIBERTY COUNTY” (ER:LC), OR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, PARTNERS, JOINT VENTURERS, INVESTORS, SHAREHOLDERS, SUPPLIERS, DISTRIBUTORS, OR OTHER RELATED ENTITIES. ALL REFERENCES TO ROBLOX, ER:LC, AND RELATED TERMS ARE FOR DESCRIPTIVE AND REFERENTIAL PURPOSES ONLY AND DO NOT IMPLY ANY RELATIONSHIP, CONNECTION, ASSOCIATION, AFFILIATION, ENDORSEMENT, SPONSORSHIP, OR APPROVAL. ANY SUGGESTION TO THE CONTRARY IS EXPRESSLY DISCLAIMED AND SHOULD BE REPORTED TO THE OPERATORS IMMEDIATELY.

9.3 Disclaimer of Warranties (Repeated in All Caps for Emphasis)

THE OPERATORS DO NOT WARRANT, ENDORSE, GUARANTEE, REPRESENT, PROMISE, COVENANT, UNDERTAKE, PLEDGE, SWEAR, ATTEST, CERTIFY, AFFIRM, DECLARE, AVOW, PROFESS, MAINTAIN, CONTEND, ASSERT, CLAIM, STATE, OR OTHERWISE SUGGEST THAT THE SERVICE WILL MEET YOUR EXPECTATIONS, BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, BE UNINTERRUPTED OR SECURE, BE FREE FROM ERRORS, DEFECTS, BUGS, VULNERABILITIES, OR OTHER ISSUES, OR THAT ANY ERRORS, DEFECTS, BUGS, VULNERABILITIES, OR OTHER ISSUES WILL BE CORRECTED, FIXED, PATCHED, RESOLVED, ADDRESSED, REMEDIATED, OR OTHERWISE DEALT WITH. NO ADVICE, GUIDANCE, INFORMATION, CONTENT, COMMUNICATION, OR MATERIAL, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR FROM THE OPERATORS OR THEIR REPRESENTATIVES SHALL CREATE ANY WARRANTY, REPRESENTATION, GUARANTEE, PROMISE, COVENANT, UNDERTAKING, PLEDGE, COMMITMENT, OBLIGATION, DUTY, OR LIABILITY WHATSOEVER. THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL PART OF THESE TERMS AND IS A FUNDAMENTAL CONDITION UPON WHICH THE OPERATORS AGREE TO PROVIDE YOU ACCESS TO THE SERVICE.

SECTION 10. LIMITATION OF LIABILITY AND LIMITATION OF THE LIMITATION OF LIABILITY AND COMPREHENSIVE EXCLUSION OF ALL POTENTIAL DAMAGES CONCEIVABLE UNDER ANY LEGAL THEORY KNOWN TO HUMANKIND

10.1 General Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATORS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, CONSULTANTS, VOLUNTEERS, INTERNS, ASSIGNS, SUCCESSORS-IN-INTEREST, HEIRS, BENEFICIARIES, ADMINISTRATORS, EXECUTORS, TRUSTEES, LICENSORS, LICENSEES, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARTNERS, JOINT VENTURERS, AFFILIATES, SUBSIDIARIES, PARENTS, SPONSORS, DONORS, PATRONS, SUPPORTERS, OR ANY OTHER PERSON OR ENTITY CONNECTED WITH THE OPERATION OF THE SERVICE (COLLECTIVELY, THE “LIABLE PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY:

• DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, TREBLE, COMPENSATORY, NOMINAL, LIQUIDATED, RESTITUTIONARY, DISGORGEMENT, OR ANY OTHER TYPE OR CLASS OF DAMAGES WHATSOEVER;
• LOSS OF PROFITS, REVENUE, BUSINESS, CONTRACTS, OPPORTUNITIES, GOODWILL, REPUTATION, DATA, INFORMATION, PRIVACY, CONFIDENTIALITY, TIME, OR OTHER INTANGIBLE OR TANGIBLE ASSETS OR INTERESTS;
• DAMAGES ARISING FROM OR RELATED TO PERSONAL INJURY, BODILY HARM, EMOTIONAL DISTRESS, PSYCHOLOGICAL TRAUMA, MENTAL ANGUISH, OR WRONGFUL DEATH;
• DAMAGES ARISING FROM OR RELATED TO PROPERTY DAMAGE, DATA LOSS, DATA CORRUPTION, SYSTEM FAILURE, EQUIPMENT DAMAGE, OR OTHER PHYSICAL OR DIGITAL HARM;
• DAMAGES ARISING FROM OR RELATED TO SERVICE INTERRUPTION, SUSPENSION, TERMINATION, DEGRADATION, UNAVAILABILITY, OR INACCESSIBILITY;
• DAMAGES ARISING FROM OR RELATED TO CONTENT OFFENSIVENESS, OBJECTIONABILITY, INAPPROPRIATENESS, INACCURACY, INCOMPLETENESS, UNRELIABILITY, UNTIMELINESS, ILLEGALITY, OR OTHER CONTENT-RELATED ISSUES;
• DAMAGES ARISING FROM OR RELATED TO THIRD-PARTY CONDUCT, THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, THIRD-PARTY PLATFORMS, THIRD-PARTY PRODUCTS, OR ANY OTHER THIRD-PARTY MATTER;
• DAMAGES ARISING FROM OR RELATED TO UNAUTHORIZED ACCESS, DATA BREACH, SECURITY INCIDENT, HACKING, CYBERATTACK, DENIAL-OF-SERVICE ATTACK, OR OTHER SECURITY-RELATED EVENT;
• DAMAGES ARISING FROM OR RELATED TO ANY VIRUS, MALWARE, SPYWARE, ADWARE, RANSOMWARE, TROJAN, WORM, ROOTKIT, OR OTHER MALICIOUS CODE OR SOFTWARE;
• DAMAGES ARISING FROM OR RELATED TO ANY FORCE MAJEURE EVENT, ACT OF GOD, OR OTHER CIRCUMSTANCE BEYOND THE REASONABLE CONTROL OF THE LIABLE PARTIES;
• DAMAGES ARISING FROM OR RELATED TO ANY CLAIM, DEMAND, CAUSE OF ACTION, LAWSUIT, PROCEEDING, INVESTIGATION, INQUIRY, AUDIT, OR OTHER LEGAL OR REGULATORY MATTER;
• DAMAGES ARISING FROM OR RELATED TO ANY NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, RECKLESSNESS, INTENTIONAL TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, BREACH OF DUTY, BREACH OF STATUTE, BREACH OF REGULATION, OR ANY OTHER LEGAL THEORY WHATSOEVER;
• DAMAGES ARISING FROM OR RELATED TO ANY CLAIM BASED IN WHOLE OR IN PART ON THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER THE LIABLE PARTIES HAVE BEEN ADVISED, NOTIFIED, WARNED, ALERTED, OR OTHERWISE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 9 AND 10 OF THESE TERMS: (A) ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE OPERATORS; (B) REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES; (C) ARE ESSENTIAL TO THE OPERATORS' ABILITY TO PROVIDE THE SERVICE ON AN ECONOMICALLY FEASIBLE BASIS; (D) SHALL SURVIVE ANY FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY; AND (E) WOULD BE SUBSTANTIALLY DIFFERENT IN THE ABSENCE OF SUCH DISCLAIMERS AND LIMITATIONS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE OPERATORS WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT SUCH DISCLAIMERS AND LIMITATIONS, AND THAT YOU HAVE RELIED ON SUCH DISCLAIMERS AND LIMITATIONS IN DECIDING TO ACCESS AND USE THE SERVICE.

10.3 Limitation of Liability Cap

IN NO EVENT SHALL THE TOTAL, AGGREGATE, CUMULATIVE, COMBINED, OR OVERALL LIABILITY OF THE LIABLE PARTIES TO YOU OR TO ANY THIRD PARTY FOR ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES, OR LIABILITIES ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO THE OPERATORS FOR YOUR USE OF THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE UNITED STATES DOLLAR ($1.00). YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION IS REASONABLE AND FAIR GIVEN THAT THE SERVICE IS PROVIDED WITHOUT CHARGE TO USERS, AND THAT THE OPERATORS WOULD BE SUBJECT TO UNACCEPTABLE FINANCIAL RISK IN THE ABSENCE OF SUCH LIMITATION.

10.4 Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, REPRESENTATIONS, GUARANTEES, CONDITIONS, OR UNDERTAKINGS, OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH IN SECTIONS 9 AND 10 MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY BY JURISDICTION. IN SUCH CASE, THE OPERATORS' LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THE OPERATORS MAKE NO REPRESENTATION OR WARRANTY REGARDING THE APPLICABILITY, VALIDITY, OR ENFORCEABILITY OF ANY PROVISION OF THESE TERMS IN ANY PARTICULAR JURISDICTION, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THESE TERMS ARE ENFORCEABLE IN YOUR JURISDICTION.

SECTION 11. INDEMNIFICATION AND THE MUTUAL PROMISE TO HOLD EACH OTHER HARMLESS IN A COMPLETELY ONE-SIDED MANNER

11.1 Your Indemnification Obligations

You hereby agree to indemnify, defend, protect, save, shield, shelter, safeguard, and hold harmless the Liable Parties from and against any and all claims, demands, causes of action, lawsuits, proceedings, investigations, inquiries, audits, penalties, fines, judgments, awards, damages, losses, costs, expenses, and liabilities (including but not limited to reasonable attorneys' fees, court costs, litigation expenses, settlement amounts, expert witness fees, investigation costs, collection costs, and any other costs or expenses incurred in connection with the investigation, preparation, prosecution, defense, settlement, or appeal of any claim or proceeding) arising from or related to:

• Your access to or use of the Service, including but not limited to any content you access, listen to, stream, download, share, or otherwise interact with;
• Your violation of these Terms or any provision thereof;
• Your violation of any applicable law, statute, ordinance, regulation, rule, directive, decree, order, treaty, convention, protocol, or other legal requirement;
• Your infringement, misappropriation, or violation of any intellectual property right, privacy right, publicity right, contractual right, or other right of any person or entity;
• Your conduct, behavior, actions, omissions, statements, communications, submissions, or any other activities undertaken in connection with your use of the Service;
• Any content submitted, uploaded, transmitted, or otherwise made available by you through or in connection with the Service;
• Any interaction, communication, transaction, or relationship between you and any other User or third party arising from or related to the Service;
• Any damage, loss, harm, injury, or adverse outcome resulting from your use of the Service;
• Any misrepresentation made by you regarding your age, identity, capacity, authority, or any other matter;
• Any claim that the Operators' provision of the Service to you violates any applicable law, regulation, or third-party right.

11.2 Indemnification Procedure

The Operators reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with the Operators in asserting any available defenses and shall not settle any such matter without the Operators' prior written consent. You shall not settle any claim subject to indemnification without the Operators' prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed, but which the Operators reserve the right to withhold in their sole and absolute discretion if such settlement would impose any obligation, restriction, limitation, or liability upon the Operators or otherwise adversely affect the Operators' rights, interests, or operations.

SECTION 12. PRIVACY POLICY, DATA COLLECTION, DATA PROCESSING, AND THE INEVITABLE REALITY THAT SOMEONE IS WATCHING, EVEN IF IT IS JUST THE SERVER LOGS

12.1 Privacy Policy Incorporation

The Operators' Privacy Policy, available at /legal/privacy, is hereby incorporated into these Terms by reference. By accepting these Terms, you also acknowledge and agree to the data collection, processing, storage, sharing, retention, deletion, and other practices described in the Privacy Policy. If you do not agree to the Privacy Policy, you may not access or use the Service.

12.2 Data Collection and Processing

The Operators collect, process, store, transmit, analyze, and otherwise handle data about you and your use of the Service as described in the Privacy Policy. The types of data collected may include, but are not limited to: IP addresses, device information, browser information, operating system information, geolocation data (approximate), listening statistics, requested songs, usage patterns, interaction data, communication data, cookie data, and other technical and behavioral data. The Operators do not sell your personal data to third parties, but may share such data with service providers, analytics providers, and law enforcement authorities as described in the Privacy Policy and as required or permitted by applicable law.

12.3 No Expectation of Privacy in Public Communications

To the extent that the Service offers any public communication features, public messaging channels, public chat rooms, public forums, public notice boards, or other publicly accessible areas (collectively, “Public Areas”), you acknowledge and agree that any communications, submissions, content, information, or materials you post or transmit in such Public Areas are not private, confidential, or protected and may be viewed, accessed, read, collected, copied, distributed, republished, or otherwise used by any User, third party, or the Operators without restriction. You should exercise caution and good judgment before posting or transmitting any personal, sensitive, confidential, or proprietary information in any Public Area.

SECTION 13. MODIFICATIONS TO THESE TERMS AND THE INEVITABILITY OF CHANGE IN AN EVER-SHIFTING LEGAL AND TECHNOLOGICAL LANDSCAPE

13.1 Right to Modify Terms

The Operators reserve the right, at any time and from time to time, in their sole and absolute discretion, with or without notice, for any reason or no reason, to modify, amend, supplement, restate, recast, revise, amend and restate, replace, supersede, update, change, alter, edit, correct, clarify, or otherwise change these Terms or any provision hereof. Such modifications shall be effective immediately upon posting the modified Terms on the Service or upon such other date as may be specified by the Operators. The Operators may, but are not obligated to, provide notice of material modifications to these Terms through the Service, via email, via the Discord server, or through other communication channels.

13.2 Your Obligation to Review Terms

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS TO STAY INFORMED OF ANY MODIFICATIONS, CHANGES, UPDATES, REVISIONS, AMENDMENTS, OR ALTERATIONS. YOUR CONTINUED ACCESS TO OR USE OF THE SERVICE FOLLOWING THE POSTING OF ANY MODIFIED TERMS CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY SUCH MODIFIED TERMS. IF YOU DO NOT AGREE TO ANY MODIFIED TERMS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS TO AND USE OF THE SERVICE. THE OPERATORS STRONGLY ENCOURAGE YOU TO BOOKMARK THIS PAGE AND CHECK IT REGULARLY FOR CHANGES, PERHAPS SETTING A REMINDER ON YOUR PHONE, OR TYING A STRING AROUND YOUR FINGER, OR OTHERWISE TAKING SOME MEASURE TO ENSURE THAT YOU DO NOT INADVERTENTLY CONTINUE USING THE SERVICE AFTER THE TERMS HAVE CHANGED IN A WAY THAT YOU FIND UNACCEPTABLE.

13.3 No Obligation to Notify

The Operators may, but are under no obligation to: (a) provide notice of any modifications to these Terms; (b) provide a summary of changes made to these Terms; (c) highlight, mark, or otherwise draw attention to new or modified provisions; (d) solicit your affirmative consent to modified terms; (e) provide an archive or history of prior versions of these Terms; or (f) provide any justification, explanation, rationale, or reasoning for any modifications. The Operators reserve the right to update the “Last updated” date at the top of these Terms to reflect the effective date of any modifications, but the absence of an updated date shall not constitute a representation or warranty that no modifications have been made.

SECTION 14. TERMINATION, SUSPENSION, CESSATION, DISCONTINUATION, AND THE SWEET EMBRACE OF DIGITAL OBLIVION

14.1 Termination by Operators

The Operators reserve the right, in their sole and absolute discretion, at any time and from time to time, with or without cause, with or without notice, to: (a) terminate, suspend, restrict, limit, throttle, or otherwise deny your access to the Service or any part thereof; (b) terminate, cancel, deactivate, suspend, or disable any account, profile, session, token, key, or other access credential associated with you; (c) block, ban, blacklist, or otherwise prevent your IP address, device, browser, or other identifying attribute from accessing the Service; and (d) take any other action that the Operators deem appropriate with respect to your access to or use of the Service. Cause for termination shall include, but not be limited to: violation of these Terms; violation of applicable law; conduct that the Operators deem harmful, disruptive, or detrimental to the Service, the Operators, or other Users; inactivity; extended non-use; or any other reason or no reason at all.

14.2 Termination by User

You may terminate your acceptance of these Terms at any time by discontinuing all access to and use of the Service. The Operators acknowledge that this is your sole and exclusive remedy if you are dissatisfied with the Service or with any provision of these Terms. Upon termination by you, all rights granted to you under these Terms shall immediately cease, and you must immediately cease all access to and use of the Service. The Operators shall have no obligation to provide any refund, credit, compensation, or other payment to you in connection with any termination.

14.3 Survival of Provisions

Upon any termination or expiration of these Terms, whether by your action, by the Operators' action, or by operation of law, the following provisions shall survive, continue, endure, persist, and remain in full force and effect: Sections 1 (Definitions), 5 (Content Disclaimer), 6 (Third-Party Services), 8 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Privacy), 14 (Termination), 15 (Dispute Resolution), 16 (Miscellaneous), and any other provisions that by their nature are intended to survive termination. The termination of these Terms shall not affect any rights, obligations, or liabilities that accrued prior to the date of termination.

SECTION 15. DISPUTE RESOLUTION, GOVERNING LAW, JURISDICTION, VENUE, ARBITRATION, CLASS ACTION WAIVER, AND THE COMPLEX AND OFTEN CONFUSING PROCESS BY WHICH DISAGREEMENTS ARE FORMALLY ADDRESSED IN A CIVILIZED SOCIETY

15.1 Governing Law

These Terms and any dispute, controversy, claim, or proceeding arising from or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the Republic of Serbia, without regard to its conflict of laws principles, and specifically excluding the application of the United Nations Convention on Contracts for the International Sale of Goods and any applicable choice of law rules that would result in the application of the laws of any other jurisdiction. The Operators make no representation that the Service is compliant with the laws of any jurisdiction other than the Republic of Serbia, and you are solely responsible for ensuring compliance with the laws of your own jurisdiction.

15.2 Informal Dispute Resolution

BEFORE INITIATING ANY FORMAL DISPUTE RESOLUTION PROCEEDING, YOU AGREE TO FIRST ATTEMPT TO RESOLVE ANY DISPUTE, CONTROVERSY, CLAIM, OR GRIEVANCE ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE INFORMALLY BY CONTACTING THE OPERATORS VIA THE DISCORD SERVER AND PARTICIPATING IN GOOD FAITH IN DISCUSSION, MEDIATION, OR NEGOTIATION FOR A PERIOD OF NOT LESS THAN THIRTY (30) DAYS. THE OPERATORS RESERVE THE RIGHT TO REQUIRE THAT ALL COMMUNICATIONS REGARDING ANY DISPUTE BE DIRECTED TO THE OPERATORS' DESIGNATED REPRESENTATIVE AND THAT YOU MAKE NO PUBLIC STATEMENTS, POSTS, COMMENTS, OR OTHER DISCLOSURES REGARDING THE SUBJECT MATTER OF THE DISPUTE DURING THE INFORMAL RESOLUTION PROCESS. THE OPERATORS RESERVE THE RIGHT DECLINE TO PARTICIPATE IN THE INFORMAL DISPUTE RESOLUTION PROCESS, IN THEIR SOLE AND ABSOLUTE DISCRETION, IF THE OPERATORS DETERMINE THAT THE DISPUTE IS FRIVOLOUS, MERITLESS, HARASSING, OR OTHERWISE NOT SUBMITTED IN GOOD FAITH.

15.3 Arbitration Agreement and Class Action Waiver

YOU AGREE THAT ANY AND ALL DISPUTES, CONTROVERSIES, CLAIMS, CAUSES OF ACTION, PROCEEDINGS, OR MATTERS WHATSOEVER ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE (INCLUDING BUT NOT LIMITED TO THEIR FORMATION, VALIDITY, ENFORCEABILITY, BREACH, OR TERMINATION) SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING, CONFIDENTIAL, INDIVIDUAL ARBITRATION ADMINISTERED BY A MUTUALLY AGREED UPON ARBITRATION BODY IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE IN BELGRADE, SERBIA, AND THE COSTS OF THE ARBITRATION SHALL BE BORNE EQUALLY BY THE PARTIES UNLESS THE ARBITRATOR DETERMINES OTHERWISE. YOU HEREBY WAIVE ANY RIGHT TO HAVE ANY DISPUTE HEARD OR RESOLVED IN A COURT OF LAW AND ANY RIGHT TO A TRIAL BY JURY. YOU FURTHER AGREE THAT ANY ARBITRATION PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, MASS ACTION, OR PRIVATE ATTORNEY GENERAL PROCEEDING. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR OTHER CONSOLIDATED OR MULTI-PARTY PROCEEDING AGAINST THE OPERATORS. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT IF THE CLAIM IS WITHIN THE JURISDICTION OF SUCH COURT AND IS NOT SOUGHT TO BE TRANSFERRED TO OR CONSOLIDATED WITH ANY OTHER PROCEEDING. THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IS A MATERIAL INDUCEMENT FOR THE OPERATORS TO ENTER INTO THESE TERMS WITH YOU, AND THE OPERATORS WOULD NOT PROVIDE YOU ACCESS TO THE SERVICE IN THE ABSENCE OF THIS PROVISION.

15.4 Injunctive Relief and Equitable Remedies

NOTWITHSTANDING THE FOREGOING ARBITRATION AGREEMENT, THE OPERATORS MAY SEEK INJUNCTIVE RELIEF, SPECIFIC PERFORMANCE, OR OTHER EQUITABLE REMEDIES IN ANY COURT OF COMPETENT JURISDICTION TO ENFORCE THESE TERMS, TO PROTECT THE OPERATORS' INTELLECTUAL PROPERTY RIGHTS, TO PREVENT OR ENJOIN ANY VIOLATION OF THESE TERMS, OR TO ADDRESS ANY OTHER MATTER THAT THE OPERATORS REASONABLY BELIEVE CANNOT BE ADEQUATELY REMEDIED THROUGH ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT A BREACH OR THREATENED BREACH OF THESE TERMS BY YOU MAY CAUSE IRREPARABLE HARM TO THE OPERATORS FOR WHICH MONETARY DAMAGES WOULD BE INADEQUATE, AND THE OPERATORS SHALL BE ENTITLED TO SEEK INJUNCTIVE RELIEF WITHOUT THE NECESSITY OF POSTING A BOND OR OTHER SECURITY.

SECTION 16. MISCELLANEOUS PROVISIONS, SEVERABILITY, WAIVER, ASSIGNMENT, ENTIRE AGREEMENT, NO WAIVER, NO THIRD-PARTY BENEFICIARIES, HEADINGS, INTERPRETATION, LANGUAGE, AND OTHER LEGAL ODDS AND ENDS THAT LAWYERS INSIST ON INCLUDING EVEN THOUGH NO ONE EVER READS THEM

16.1 Entire Agreement

These Terms, together with the Privacy Policy, the Disclaimer, the DMCA Policy, the Cookie Policy, the Accessibility Statement, and any other policies, guidelines, rules, requirements, restrictions, procedures, protocols, schedules, exhibits, appendices, addenda, supplements, or amendments that may be issued by the Operators from time to time and incorporated herein by reference, constitute the entire, complete, final, exclusive, and fully integrated agreement between you and the Operators regarding your access to and use of the Service, and supersede all prior or contemporaneous agreements, understandings, representations, warranties, communications, negotiations, discussions, proposals, offers, drafts, statements, promises, commitments, undertakings, or arrangements, whether oral, written, electronic, or otherwise, between the parties concerning the subject matter hereof.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, void, unenforceable, or contrary to applicable law by any court, tribunal, arbitrator, or other adjudicative body of competent jurisdiction, such provision shall be deemed modified, limited, or severed to the minimum extent necessary to render it valid and enforceable, and the remaining provisions of these Terms shall remain in full force and effect and shall not be affected, impaired, invalidated, or otherwise prejudiced thereby. The Operators shall have the right to replace any invalid, illegal, void, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the maximum extent possible, the same economic, legal, and practical effect as the original provision.

16.3 No Waiver

The failure or delay of the Operators to exercise or enforce any right, power, privilege, or remedy under these Terms or under applicable law shall not constitute a waiver thereof, and shall not preclude any other or further exercise or enforcement thereof or the exercise or enforcement of any other right, power, privilege, or remedy. No waiver of any provision of these Terms shall be effective unless expressly made in writing and signed by the party against whom such waiver is asserted. The Operators' waiver of any breach or violation of these Terms by you shall not constitute a waiver of any subsequent breach or violation, whether of the same or a different nature.

16.4 Assignment

You may not assign, transfer, sublicense, delegate, convey, or otherwise dispose of these Terms or any rights, interests, obligations, or duties hereunder, whether voluntarily, involuntarily, by operation of law, merger, acquisition, change of control, bankruptcy, insolvency, dissolution, or otherwise, without the Operators' prior written consent, which consent may be withheld in the Operators' sole and absolute discretion. The Operators may assign, transfer, sublicense, delegate, convey, or otherwise dispose of these Terms or any rights, interests, obligations, or duties hereunder, in whole or in part, at any time, without notice to you and without your consent, to any person or entity, including but not limited to any successor-in-interest, acquirer, merger partner, or purchaser of all or substantially all of the Operators' assets or equity. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors, assigns, heirs, beneficiaries, administrators, executors, trustees, and representatives.

16.5 No Third-Party Beneficiaries

Except as expressly provided herein, these Terms are for the sole benefit of the parties hereto and their permitted successors and assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, claim, remedy, cause of action, standing, or other interest whatsoever under or by reason of these Terms. The Operators' affiliates, subsidiaries, parent entities, officers, directors, employees, agents, representatives, contractors, subcontractors, consultants, volunteers, interns, assigns, successors-in-interest, heirs, beneficiaries, administrators, executors, trustees, licensors, licensees, suppliers, vendors, service providers, partners, joint venturers, sponsors, donors, patrons, supporters, and any other person or entity connected with the operation of the Service are express third-party beneficiaries of the disclaimers of warranties, limitations of liability, and indemnification provisions contained in these Terms and may enforce such provisions directly against you.

16.6 Headings and Interpretation

The section headings, titles, captions, and other headings used in these Terms are for convenience and organizational purposes only and shall not affect the meaning, construction, interpretation, or application of any provision of these Terms. Unless the context otherwise clearly requires: (a) words in the singular include the plural and vice versa; (b) words of any gender include any other gender; (c) references to “including,” “include,” “includes,” “for example,” “such as,” “e.g.,” “i.e.,” and similar terms shall be construed to mean “including without limitation” and shall not be construed to limit the generality of any preceding words; (d) references to “herein,” “hereby,” “hereunder,” “hereto,” “hereof,” “hereinafter,” and similar terms refer to these Terms as a whole and not to any particular section or provision; (e) references to “or” shall be construed to mean “and/or” unless the context clearly indicates otherwise; (f) references to “shall” and “will” are mandatory and shall be construed to mean “has a legal obligation to”; (g) references to “may” and “may not” are permissive and shall be construed to mean “has the discretion to” and “does not have the discretion to,” respectively; (h) references to any law, statute, regulation, rule, ordinance, directive, decree, order, treaty, convention, protocol, or other legal requirement shall be deemed to refer to such law as amended, modified, supplemented, restated, recast, revised, or replaced from time to time, together with any implementing regulations, rules, guidelines, interpretations, or judicial or administrative decisions issued thereunder; (i) any reference to a document, agreement, policy, or instrument shall be deemed to refer to such document, agreement, policy, or instrument as it may be amended, modified, supplemented, restated, recast, revised, or replaced from time to time; and (j) all references to monetary amounts shall be deemed to refer to United States Dollars unless otherwise expressly specified.

16.7 Language and Translation

These Terms are originally drafted in the English language. Any translation of these Terms into any other language is provided for convenience only and shall not be binding upon the Operators or have any legal effect. In the event of any inconsistency, discrepancy, conflict, or variance between the English language version of these Terms and any translated version, the English language version shall govern, control, prevail, and take precedence in all respects. The Operators make no representation or warranty regarding the accuracy, completeness, or reliability of any translation of these Terms.

16.8 Force Majeure

The Operators shall not be liable for any failure to perform, delay in performance, degradation of performance, or cessation of performance of any obligation under these Terms to the extent that such failure, delay, degradation, or cessation is caused by or results from any Force Majeure Event (as defined in Section 1). The Operators shall give notice to you of the occurrence of any Force Majeure Event as soon as reasonably practicable, but the failure to give such notice shall not constitute a waiver of the Operators' rights under this Section or otherwise affect the applicability of the Force Majeure defense. The Operators reserve the right to determine, in their sole and absolute discretion, when a Force Majeure Event has concluded and normal operations may resume.

16.9 Electronic Communications

By accessing and using the Service, you consent to receive communications from the Operators electronically, including but not limited to communications regarding the Service, these Terms, the Privacy Policy, and any other matters. You agree that all notices, disclosures, agreements, policies, communications, and other information that the Operators provide to you electronically satisfy any legal requirement that such communications be in writing.

16.10 Contact Information

For questions, concerns, inquiries, requests, complaints, grievances, feedback, suggestions, ideas, comments, praise, criticism, legal notices, DMCA takedown notices, or any other communications regarding these Terms or the Service, please contact the Operators via the official Discord server, accessible at https://fm.erlc.dev/discord. The Operators make no commitment to respond to any communication within any particular timeframe, or at all. Please direct all formal legal notices and service of process to the Operators' registered agent, whose contact information may be obtained by submitting a written request to the Operators via the Discord server, which request the Operators reserve the right to deny, ignore, or respond to with an inappropriate level of sarcasm, in their sole and absolute discretion.

SECTION 17. ACKNOWLEDGMENT AND AFFIRMATION AND FINAL ACKNOWLEDGMENT OF HAVING READ AND UNDERSTOOD AND AGREEING TO BE BOUND BY ALL OF THE FOREGOING NONSENSE

BY ACCESSING OR USING THE SERVICE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT:

• YOU HAVE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY, EVERY SINGLE WORD OF THEM, INCLUDING THIS SECTION AND ALL PRECEDING SECTIONS, SUBSECTIONS, PARAGRAPHS, CLAUSES, SUB-CLAUSES, AND SENTENCES;
• YOU UNDERSTAND THE TERMS AND CONDITIONS CONTAINED HEREIN AND THE LEGAL EFFECT THEREOF;
• YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF YOUR CHOOSING REGARDING THESE TERMS, AND YOU HAVE EITHER DONE SO OR HAVE VOLUNTARILY DECLINED TO DO SO;
• YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE;
• YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE OPERATORS;
• YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND THAT NO LEGAL, PROFESSIONAL, MEDICAL, FINANCIAL, OR OTHER ADVICE IS BEING PROVIDED THROUGH THE SERVICE;
• YOU ACKNOWLEDGE THAT THE OPERATORS ARE NOT RESPONSIBLE FOR ANY CONTENT TRANSMITTED THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO EXPLICIT LANGUAGE, OFFENSIVE MATERIAL, OR OTHER INAPPROPRIATE CONTENT;
• YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES WHATSOEVER;
• YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND DISCRETION;
• YOU ACKNOWLEDGE THAT THE OPERATORS MAY MODIFY, SUSPEND, OR TERMINATE THE SERVICE AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE;
• YOU ACKNOWLEDGE THAT THE OPERATORS MAY MODIFY THESE TERMS AT ANY TIME, WITH OR WITHOUT NOTICE, AND THAT YOUR CONTINUED USE OF THE SERVICE FOLLOWING SUCH MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS;
• YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, UNDERTAKINGS, GUARANTEES, STATEMENTS, OR ASSURANCES NOT EXPRESSLY SET FORTH IN THESE TERMS;
• YOU ACKNOWLEDGE THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE, OR HAVE OBTAINED PARENTAL CONSENT IF YOU ARE BETWEEN 13 AND 18, AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING CONTRACT;
• YOU ACKNOWLEDGE THAT THESE TERMS REPRESENT THE ENTIRE AGREEMENT BETWEEN YOU AND THE OPERATORS AND SUPERSEDE ALL PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN;
• YOU ACKNOWLEDGE THAT YOU HAVE NOT BEEN COERCED, INDUCED, PRESSURED, MANIPULATED, UNDULY INFLUENCED, OR OTHERWISE ACTED UPON BY THE OPERATORS OR ANY THIRD PARTY TO ENTER INTO THESE TERMS;
• YOU ACKNOWLEDGE THAT YOU ARE ENTERING INTO THESE TERMS VOLUNTARILY, FREELY, AND WITHOUT ANY DURESS WHATSOEVER;
• YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SECTION AND AGREE THAT IT IS IRONIC THAT YOU ARE BEING ASKED TO ACKNOWLEDGE THAT YOU HAVE READ THE ENTIRE DOCUMENT WHEN THIS SECTION IS LITERALLY THE LAST THING IN THE DOCUMENT AND YOU WOULD HAVE HAD TO READ THE ENTIRE DOCUMENT TO GET HERE, AND YET HERE WE ARE, ACKNOWLEDGING THE ACKNOWLEDGMENT OF THE ACKNOWLEDGMENT.

These Terms of Service were drafted with love, care, and a moderate amount of spite. The Operators hope you enjoy the Service despite (or perhaps because of) the overly verbose legal document you have just read. Now go listen to some music. You've earned it.