Terms of Service
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.
Last Updated: June 17, 2025
Baton Media Inc. (hereinafter “Baton”, “we”, or “us”) provides the website https://www.baton.media/ (the “Site”), our mobile application (the “App”), our software, data, content, information, tools, functionality, updates, and similar materials delivered or provided by us (collectively, the “Service”), subject to your agreement to and compliance with the conditions set forth in this Terms of Service (this “Agreement”).
This Agreement sets forth the legally binding terms and conditions governing your use of the Service. By clicking “Accept,” or by using the Service, you are agreeing to this Agreement and creating a binding contract with us. If you do not agree to these terms and conditions, you may not use the Service, please PROMPTLY EXIT THE SITE AND/OR APP.
This Agreement is subject to change. If this Agreement changes, we will let you know by posting the revised Agreement on the Service and/or otherwise making you aware of the changes by notifying you by email to the email address specified in your account. Your continued use of the Service following our notice of changes to this Agreement (or other method of legal acceptance) means you accept such changes. Please refer to the “Last Updated” date above to see when this Agreement was last updated. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically accessing the Service and reviewing this Agreement to check for any changes.
License
As long as you are in compliance with the conditions of this Agreement and all incorporated documents, we hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to access, receive, and use the Service. Baton reserves all rights in and to the Service that are not explicitly granted to you under this Agreement. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by Company that replace or supplement the original App, unless such upgrade is accompanied by a new or revised agreement.
Incorporated Terms
The following additional terms are incorporated into this Agreement as if fully set forth herein:
Overview
The Service is designed to serve as an online platform designed to, among other things, connect content creators (“Contributors”) with producers of more elaborate creative works (“Producers”).
In order to access or use certain aspects of our Service, its content, or its functionality, you may need to create an account with us (“Account”). Each Account may be required to be paired with one or more payment methods (“Payment Method”), including without limitation your bank account, credit card number, credit card verification or other security code, the expiration date of your credit card, and your address. All information about your Payment Method(s) must be accurate and complete. Verification of information may be required prior to the completion or acknowledgment of setting up any Payment Method.
For the purposes of this Agreement, if you are an employee, agent, or other representative of a company or an organization, “you”, “your”, and similar terms shall refer to such entity and your ability to bind it legally to the terms of this Agreement.
Eligibility
You must be at least thirteen (13) years old to use the Service. By creating an Account, or submitting material through the Service, you represent that you meet this minimum age requirement.
Some parts of the Service may not be available to the general public, and we may impose additional eligibility rules from time to time on those portions of the Service. We reserve the right to amend or eliminate these eligibility requirements at any time.
By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, and that you commit to abide by all the terms and conditions herein.
Important Notices
This Agreement and the Privacy Policy are subject to the provisions of the European Union General Data Protection Regulation (“EU GDPR”), the United Kingdom General Data Protection Regulation (“UK GDPR, together with the EU GDPR, the “GDPR”), and other applicable privacy laws. Baton agrees that under the GDPR, Baton is a data “Controller”, and that you, if you are located in the European Economic Area, Switzerland, the United Kingdom, or Northern Ireland, are a “Data Subject” with certain protected privacy rights concerning your “Personal Data”, and Baton will take commercially reasonable steps to maintain compliance with GDPR requirements.
While we make reasonable efforts to ensure that the Service remains available at all times, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that you will be able to access or use the Service, or its features, at all times.
The Service, and any Content (defined below) posted therein, are for information purposes only. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice.
The Service may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
Transactions, Payments, and Termination
The Service may require the payment of fees in the event a Producer uses the content of a Contributor (a “Transaction”). Each Transaction shall be governed by the terms of an agreement between the Producer and Contributor (each, a “Contributor Agreement”). If you are a Producer, and have entered into a Transaction with a Contributor, your Payment Method may be charged in the amounts and at the times identified in the Contributor Agreement (“Contributor Fees”). Producers’ Payment Method may also be charged a transactional and/or service fee (“Service Fee”, and together with Contributor Fees, “Fees”) in connection with a given Transaction. For the avoidance of doubt, we are not a party to any Contributor Agreement, and each Contributor Agreement will be a contract solely between Producer and Contributor.
Fees and other charges do not include federal, local, foreign, or similar transaction taxes (“Taxes”) now or hereafter levied, all of which shall be your responsibility. If we are required to pay Taxes on your behalf, you shall be invoiced for such Taxes and shall reimburse us for such amounts as described herein. If you do not pay at the time you order, we will invoice you for the applicable fees at our election (i) on a monthly basis in advance, with all invoices due no less than five (5) days before the start of the month to which the invoice applies, or (ii) when such Fees are due, with such invoice being due within five (5) days of issuance by us.
To collect and/or process Fees, we use third parties to process payments (each a “Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the applicable Payment Processor in addition to this Agreement. We are not responsible for error by the applicable Payment Processor. You agree to provide us accurate and complete information about you and your chosen Payment Method. You authorize us to share such information as well as transaction information with the Payment Processor. As a user of the Service, if applicable, you agree to pay, through the applicable Payment Processor, all charges described in the applicable Contributor Agreement and any related Service Fees. You agree to make payment using that selected Payment Method, and you authorize us, through the applicable Payment Processor, to charge your Payment Method at the times and in the amounts associated with such Contributor Agreement, including the applicable Service Fees. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction.
Automatically Renewing Subscription Fees. We may charge a subscription fee for some services on the Service. Your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by logging into your account settings page here https://baton.media/player/settings or e-mail us at support@baton.media. If you cancel your subscription, your account’s access to our Service will automatically end at the end of your current billing period. Baton may change the price for your subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Service prior to the price change going into effect. For any subscription products, you agree that your license to the Service is not a service, repair or maintenance to real or personal property.
In addition to other applicable remedies, we reserve the right to suspend and/or terminate your access to the Service and/or terminate this Agreement if your Payment Method is declined or fails and Customer’s account therefore is delinquent. Charges to delinquent accounts are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees and court costs. In the event that your subscription is cancelled for any reason, you will need to resubscribe in order to access the Service.
A user may terminate its Account or use of the Service at any time. To terminate an Account, the user must login to their Account and follow the instructions for termination. Users without an Account may cease use of the Service by simply no longer accessing or using the Service. You understand that if you delete your account, your Submissions and Content may be deleted.
Rules of Conduct
Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.
You represent and warrant:
You agree that you will not violate any applicable law or regulation in connection with your use of the Service or any Content (as defined below) contained therein.
You are solely responsible for any and all of the actions you take, or decisions that you make, relating to or arising from your use of the Service.
You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submission”) or any graphics, text, information, data, designs, instructions and/or schematics, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (collectively “Content”) that:
You must keep your username and password and any other information needed to login to the Service, if applicable, confidential, and secure. We are not responsible for any unauthorized access to your Account or profile by others.
You further agree that you will not do any of the following:
You are not licensed to access any portion of the Service that is not public, and you may not attempt to override any security measures in place on the Service.
We reserve the right, in our sole discretion, to protect our users from violators and violations of these rules of conduct, including but not limited to restricting your use of the Services, restricting your ability to upload Submissions or Content, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.
Content Submitted or Made Available to Us
You are under no obligation to submit anything to us or through use of the Service, and unless otherwise noted, we will not claim ownership of any Submissions or Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce, create derivative works, and otherwise use and make available to others the Submissions or Content that you make available to us, if any. Therefore, if you choose to submit any Submissions or Content through or on the Service, or otherwise make available any Submissions or Content through the Service, you hereby grant us a perpetual, irrevocable, transferrable, sub-licensable through multiple tiers, non-exclusive, worldwide, royalty-free license to use the Submissions or Content in any manner Baton desires, including to copy, reproduce, use, modify, display, delete in its entirety, adapt, publish, perform, distribute, translate and create derivative works from any such Submissions or Content, including without limitation distributing part or all of the Submissions or Content in any media format through any media channels.
By submitting any Submissions or Content to us you hereby agree, warrant and represent that: (a) the Submissions and Content do not contain proprietary or confidential information, and the provision of the Submissions and Content is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) we are not under any confidentiality obligation relating to the Submissions, or Content; (d) we shall be entitled to use or disclose the Content or Submissions in any way, to the maximum extent permissible under applicable law; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.
Baton does not regularly review posted Submissions and Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions and Content submitted to the Service. You grant Baton the right to use the name that you submit in connection with any Submission or Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submission or Content. You are and shall remain solely responsible for the content of any Submission or Content you make. Baton and its affiliates take no responsibility and assume no liability for any Submission or Content submitted by you or any third party.
Notwithstanding anything to the contrary, the Service may permit you to change the privacy settings for each Submission and Content. For example, you may restrict access, making certain Submissions and Content private, publicly available, or accessible only by certain users of the Service (including individual collaborators), or you may restrict the ability to download or edits your Submissions and Content. If you elect to use the privacy settings, other users may send you requests to listen to, download, or edit your Submissions and Content. If you elect to make your Submissions or Content freely available to other users, you agree that Baton may publish, display, or post such Submissions or Content on the Service and in Baton’s marketing materials and identify you by user name as the author of such Submissions.
You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content, or other matter you submit, post, or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time.
Content Shared Through the Service
You understand that by sharing information on the Service, by participating in the Service, and by requesting information to be sent through, or downloading information from, the Service, you may be revealing information about yourself, the entity that you represent, or your business that may include financial, credit, or similar information, including with other users. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials and using the Service, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.
Copyright Policy
We disclaim any responsibility or liability for copyrighted materials posted on the Service. If you believe in good faith that any material posted on the Service infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:
Copyright Agent Baton Media Inc. Building 77, 141 Flushing Ave. #1314 Brooklyn, New York 11205 E-mail: hello@baton.media Phone: 1-646-917-8027
We maintain a policy of removing repeat infringers from our Service and will remove your account if you or your content is the subject of repeated valid takedown requests.
Complaint Policy (Including Trademark and Privacy)
If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to containing the following information:
If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will act. We may disclose your submission to the poster of the claimed violative material, or any other party.
All notices given by you or required under this Agreement shall be in writing and addressed to: Baton Media Inc., Building 77, 141 Flushing Ave. #1314, Brooklyn, New York 11205, or sent via email to hello@baton.media.
Our Intellectual Property
Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Service (including color combinations, button shapes, layout, design, and all other graphical elements) are protected by U.S. copyright and trademark law. All product names, names of services, trademarks, and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
You acknowledge that the Service, all pages, features, and content within the Service, and all enhancements, updates, upgrades, corrections, and modifications thereto, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections, or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property and/or that of our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited rights set forth herein.
The contents of the Service may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by this Agreement or otherwise approved in writing by Baton. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, content or other proprietary information (including images, text, page layout, or form) of Baton without our express written consent.
Data Collection and Use
Baton may generate aggregate, deidentified data from your use of the Service and your Submissions and Content (“Aggregate Data”) and use it to operate, improve and support the Service and for other lawful business purposes, including benchmarking and reports. Any use or disclosure of Aggregate Data will not be identifiable to you or any other individual person.
You understand and agree that our Privacy Policy shall govern the collection and use of data obtained by us through your use of the Service.
Artificial Intelligence and Machine Learning
The Service may include features and/or functionality of the Service powered by artificial intelligence (including machine learning) (“AI Features”). For instance, some AI Features may allow you to generate or transform audio content using text prompts and, in some cases, submitted audio or other Content. You may submit Submissions, Content, or other information (including by submitting queries or prompts) (“Input”) to the AI Features and receive output, predictions, results, suggestions, or other content from the AI Features (“Output”). You agree to use the AI Features available on the Service and the Outputs (as defined below) in compliance with all applicable laws, statutes, and regulations. Baton may use, analyze, and process Input or Output for purposes of providing the AI Features and to train and improve the AI Features. When using any AI Features you represent and warrant that you own, or have secured all necessary rights, to any Input you submit to the AI Features.
Baton may leverage artificial intelligence systems of third-parties in providing the AI Features, e.g., MusicGen by Meta or Music-01 by MiniMax (those entities, “Providers”). Baton will not share your Input or Output with any third-party except to Providers and other vendors as necessary to provide the AI Features. You acknowledge and agree that these Providers operate independently from Baton, and their handling of Content is governed by their own terms and policies. Baton makes no representations and warranties regarding the Providers and disclaims all liability for the actions or omissions of these third-party Providers.
Notwithstanding anything to the contrary, if you elect to make your Output freely available to other users, you agree that Baton may publish, display, or post such Output on the Service and in Baton’s marketing materials.
Some AI Features may allow you to personalize or fine-tune a model using your own Content. In such cases, you will be asked to confirm that you understand and accept the implications of submitting material for training.
Baton does not claim ownership of any Output. Likewise, Baton does not make any representations, warranties, or guarantees that you will own or have any exclusive rights to any Output. Additionally, because Output may not be unique and could include elements from third-party models, you are responsible for ensuring that your use of any Output is non-infringing and complies with all applicable laws.
DISCLAIMERS REGARDING AI. Due to the nature of the AI Features, Baton does not represent or warrant that: (a) any Output does not incorporate or reflect third-party content or materials; or (b) any Output will not infringe third-party intellectual property rights. Outputs are generated through machine learning processes and are not tested, verified, endorsed or guaranteed to be accurate, complete or current by Baton. Baton makes no representations about ownership, accuracy, or fitness for a particular purpose regarding any Output or AI Features. You should independently review and verify all Outputs as to appropriateness for any or all use cases or applications. You are solely responsible for any Output and your reliance on or use of any Output. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, BATON’S AGGREGATE LIABILITY FOR THE AI FEATURES WILL NOT EXCEED $100.
Support for Site and Platform; Functionality
All questions and requests relating to support of the Service must be directed to Baton. We may change or remove functionality and other features of the Service at any time, without notice.
Enforcement and Termination
We reserve the right to deny all or some portion of the Service to any user, in our sole discretion, at any time. Without limiting the foregoing or assuming additional legal obligations, we have a policy of terminating repeat violators of the Copyright Act, in accordance with applicable law. All grants of any rights from you to us related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your representations, defense, and indemnification obligations survive any termination of this Agreement.
Links and Third-Party Content
The Service may contain links to third-party websites, services, and materials. Such links are provided for informational purposes only, and we do not endorse any third-party website or services through the provision of such a link.
The Service may contain articles, text, imagery, video, audio, data, information, and other similar materials originating from third parties, including users other than you. We do not endorse any third party, or third-party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted, or otherwise edited by us.
Baton makes no representations whatsoever about any other website that you may access through the Service. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party websites linked to the Service, you do this entirely at your own risk.
Disclaimers and Limitation on Liability
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE EVENTS, SERVICE, AND THE CONTENT THEREIN, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WE, ALONG WITH OUR PARENT ENTITIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND IN AND TO THE SERVICE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY. BATON DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
FURTHER, OPINIONS, ADVICE, STATEMENTS, EVENTS, SUBMISSIONS, CONTENT, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY PROVIDED BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT.
USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE SERVICE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICE, OR THE ACTIONS YOU TAKE BASED ON THE SERVICE OR THE CONTENT, AND/OR ANY EVENTS, THEREIN, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, ANY CONTENT CONTAINED WITHIN THE SERVICE, ANY LINKED WEBSITES, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of our parent entities, subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Service. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
Indemnification
You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, organize, host, sponsor, post to or transmit through the Service (b) your use of the Service or any Content therein, (c) your violation of this Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Service.
Apple Specific Disclaimers
This Section 20 only applies to the extent you are using our App on an iOS device. You acknowledge that this Agreement is between you and Baton only, not with Apple, Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third-party relating to the Service or your possession and/or use of the Service, including, but not limited to: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service or your possession and use of the Service infringes that third-party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Service. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.
Governing Law and Jurisdiction; Arbitration
You agree that any claim or dispute arising out of or relating in any way to the Service or this Agreement will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. The laws of the State of Delaware shall govern this Agreement and shall be used in any arbitration proceeding.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would. Any arbitration between you and Baton shall have one (1) arbitrator.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: Baton Media Inc., Building 77, 141 Flushing Ave. #1314, Brooklyn, New York 11205.
Arbitration under this Agreement will be conducted by the American Arbitration Association (AAA) under its rules then in effect, shall be conducted in English, and shall be located in Wilmington, Delaware. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrators, will be strictly confidential for the benefit of all parties.
You and Baton agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Baton agree that each have waived any right to a jury trial.
Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights, or to collect unpaid amounts.
To the extent arbitrations does not apply, you agree that any dispute arising out of or relating to the Service, or to us, may only be brought by you in a state or federal court located in Wilmington, Delaware. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN DELAWARE.
Policies for Children
The Service is not directed to individuals under the age of 13. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website for (www.ftc.gov) for more information. For more information about our privacy practices with respect to the personal information of children, please see our Privacy Policy, available at Baton - Privacy Policy.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.
General
How to Contact Us:
Baton Media Inc.
Building 77, 141 Flushing Ave. #1314
Brooklyn, New York 11205
Telephone: 1-646-917-8027
Email: hello@baton.media\