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End User Agreement and Terms of Use

Last Updated: May 31, 2024

This End User Agreement and Terms of Use (this "Agreement") is in place to govern your access to and use of the Rythm-operated websites and mobile applications (apps), including the sites, pages, and apps that link to this Agreement, such as the https://rythm.fm/ site and the Rythm app (all of these sites, pages, and apps are referred to collectively in this Notice as the "Services," which also includes all music, images, video, text, or other material and content available through the Services (collectively, "Content"), and all associated software, functionality, and services offered on or through the Services).

References to "Rythm," "us," "we," or "our" in this Agreement refer to Rythm Inc., and references to "you" and "your" refer to you as a visitor to and user of our Services.

1. ACCEPTANCE OF THIS AGREEMENT; BINDING CONTRACT

Your access to and use of the Services are subject to this Agreement. YOU SHOULD READ THIS AGREEMENT COMPLETELY AND CAREFULLY BEFORE USING THE SERVICES. BY USING OUR SERVICES IN ANY WAY. BY INSTALLING OR OTHERWISE USING THE SERVICES OR THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. If you do not agree to (or cannot comply with) the terms and conditions of this Agreement, do not install, copy, or use the Services, software or any Content.

2. ADDITIONAL TERMS

In addition to this Agreement, your use of the Services is also subject to the terms of any other policies and legal notices posted on our site or in the Rythm app and made accessible to you through your use of the site and/or app ("Additional Terms"). These Additional Terms include or may include:

  • Our Privacy Notice, which describes how we collect, use, and disclose personal data you provide to us, as well as your choices regarding your use of such personal data; and
  • Any additional terms we may post from time to time relating to the Services or any products or services made available on or through the Services, including for example any terms applicable to trial subscriptions ("Trial Terms").

By using the Services, you also consent to and agree to comply with all Additional Terms. If any of these Additional Terms conflict with anything in this Agreement, the Additional Terms will take precedence.

3. ABOUT RYTHM

Rythm provides an online group listening and communication service (the "Subscription Service"), in which (subject to the applicable subscription tier) users may listen to and/or choose music tracks and other Content using their computer, tablet, and/or smartphone (a "device"), all within a virtual "listening session" environment, for non-commercial entertainment purposes. You may purchase a subscription directly from Rythm (or through a third party) on a monthly basis in advance. All subscriptions are subject to this Agreement.

You understand that your ability to use the Services is subject to your device meeting the requirements for download (including technical capabilities and available storage space). In addition, you understand that functioning of certain features of the Services will depend on external factors, such as reception service areas, and failures or outages in telephone or internet service, over which we have no control.

There may be limitations on your ability to access certain Content. Other details of the Subscription Service's features and functionality will be included on our site and in the Rythm app, and we undertake to regularly update them to reflect changes and improvements to the Subscription Service (and we reserve the right to modify the features and content of the Services and/or the terms of paid subscriptions at any time for any reason).

Please note that the Services (or certain parts of the Services) may not be available in certain countries or via certain platforms.

4. SUBSCRIPTION SERVICE AND PAYMENT

  1. Creating a User Account. To subscribe for and use the Services, you may be required to create an account, with a unique User ID and password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to the Services and to your device. You agree to keep your password secure and confidential and to not allow anyone else to use your email address, User ID, or password to access the Services or any Content; to not do anything which would assist anyone else to gain access to any secured area of the Services; and to not create additional registration accounts for the purpose of abusing the functionality of the Services or any Content, or other users, or to seek to pass yourself off as another user. If you think someone else has obtained your account details, please let us know immediately via support@rythm.fm and we will close your account as quickly as possible. Please note that you will be responsible to Rythm and to others for all activity that occurs under your Rythm account. You agree to provide only true, accurate and complete information to us via the Services, and you will timely provide to Rythm any updated or corrected information and ensure such information is correct. Any personal information provided by you will be treated in accordance with our Privacy Notice.
  2. Free Trials. Users may be eligible for a free short-term trial of the Subscription Service (a "Trial"), subject to the terms of this Agreement and any Trial Terms or other Additional Terms. A Trial provides you with access to the Subscription Service for the notified period, starting from the moment you accept the offer. When you begin a Trial, you may be required to submit payment information through the platform you use to access the Subscription Service (Discord, Apple Pay, Google Play, or other). By submitting payment information, you accept the Trial offer and you agree that at the expiration of the Trial period, your payment information may be used to enroll you into the paid Subscription Service on a monthly automatically-renewable basis, unless you validly terminate your Trial in accordance with the Trial Terms before the end of the Trial period. You may accept a Trial offer only once, and Rythm reserves the right to withdraw, modify, or cease the Trial at any time without notice or liability to you.
  3. Subscription Service. If you subscribe for the Subscription Service (including automatically upon expiration of a Trial), you undertake to pay all required fees as set out from time to time on the relevant pages of the Services ("Fees"). Fees will be subject to applicable taxes unless expressly stated otherwise on the Services. Fees must be paid in full in advance of each calendar month and the continuation of your Subscription Services is subject to payment of Fees. Each subscription will automatically renew at the end of the applicable subscription period, unless cancelled before the end of the then-current subscription period. You may contact us via support@rythm.fm for assistance with or instructions on how to cancel. Any cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Services. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in this Agreement or any Additional Terms. Fees are subject to change by posting new Fees on the Services at any time. Subject to applicable law, by continuing to use the Subscription Service after a price change has taken effect, you are deemed to accept the new price and to agree to pay the updated Fees. If you do not agree to a price change, you may cancel your subscription prior to the price change coming into effect. Tax rates are based on rates applicable at the time of your monthly charge but such amounts may change at any time pursuant to local tax requirements and any such change will be automatically applied based on the account information you provide.
  4. Payments. Payments will be processed by the platform you use to obtain the Subscription Service (Discord, Apple Pay, Google Play, or other). Rythm does not process your payment directly. All transactions shall be charged immediately, and once your payment is made, it is non-refundable. Your payment may be subject to validation checks and authorization by your bank or card issuer. Fees are listed in local currency in some instances but all payments will be processed in US dollars (subject to currency exchange rates and costs where applicable). You agree to be responsible for any costs or extra fees incurred for funds transfers or payment services are payable by you. We reserve the right to suspend or otherwise limit your access to the Subscription Service if payment is not received, including if collection of the Fees is not commercially or practically viable for any reason.

5. LICENSE GRANT; INTELLECTUAL PROPERTY

The Services may enable you to obtain, listen to, view, and/or read (as the case may be) Content that may be obtained by you in digital form, and you shall do so solely for your personal, non-commercial entertainment use. You acknowledge and agree that Content may be owned by Rythm or by third parties, including Rythm's third-party Content providers ("Content Licensors"). In all circumstances, you understand and acknowledge that your rights with respect to Content is limited by applicable copyright and other intellectual property law.

Subject to the terms of this Agreement (and, where applicable, payment of any and all required Fees), Rythm grants to you a personal, non-exclusive, non-transferable, limited and revocable licence to use the Services (and the Content solely via the Services) for your own personal, non-commercial use. You may not (i) sell, sublicense, publish, transfer, assign, or otherwise (re)distribute all or any portion of the Services or any Content in any form, including via distribution or posting via the internet or any mobile network or device or any other method (further including by way of downloading, copying, broadcasting, playing, presenting, sharing, making available or other technical means); (ii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, create derivative works, or otherwise circumvent the technology of the Services, any Content, or any part thereof; or (iii) engage in advertising-related use of the Services or any Content or any other use which may constitute infringement of any intellectual property or other proprietary rights (including any use which could be considered a promotion or encouragement of any brand, product or service). Without limiting the foregoing or any other provision of this Agreement or any Additional Terms, you will not use or attempt to use or access Content or any other part of the Services other than in accordance with the terms of the license granted hereunder.

The Services are owned and operated by Rythm, and we and our Content Licensors own or control all relevant intellectual property rights in the Services and the Content. You acknowledge and agree that you will not acquire or be deemed to acquire under this Agreement or otherwise any ownership of any intellectual property or other proprietary rights in the Services and/or any Content, and that any and all intellectual property and other proprietary rights and to the Services, the Content, and any branding therein (including trademarks, brands and logos) belong to Rythm and/or our Content Licensors. You agree and accept that any use of the Services and/or any Content in any way that may be inconsistent with the terms of this Agreement will be treated as an unauthorized use of the Services and/or such Content (and each copyright work therein) and may result in a claim by Rythm (or a third party rightsholder such as our Content Licensors) against you (or your related parties) for infringement of the copyright and/or other rights in such works.

The trademarks, service marks, brands, and logos used in the Services and/or the Content (including, without limitation, "Rythm") are trademarks or trade names of Rythm, our Content Licensors, or our other licensors, unless otherwise stated. You may not use any of our or their trademarks, service marks, brands, or logos without our express prior written permission. Further, you may not use any metatags, meta elements, "hidden text" or other equivalents using our or their trademarks or any other colorable equivalent without our prior written authorization. You also may not remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Services or any Content. Any attempt by you to take any such action is a violation of our rights and of this Agreement.

6. USER CONDUCT

You agree to obey all applicable laws when using the Services. In addition, you agree that you are responsible for the content, materials, information, and/or communications you send to or initiate via the Services ("User Materials"). Without limiting the foregoing or any other provision of this Agreement or any Additional Terms, you agree not to (and not to attempt to), directly or indirectly:

  1. participate in any form of activity or transmit any User Materials which are (or might be likely to be) unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, or sexually or racially-offensive, or that otherwise includes objectionable material, or that would infringe the copyright or other intellectual property or proprietary rights of any person;
  2. use the Services to engage in any commercial activities;
  3. provide your login details or other information to any third party or otherwise assist or permit any unauthorized access to the Service;
  4. register more than one account for yourself or anyone else;
  5. input or transmit User Materials or other content that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  6. for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise tamper with any security components, usage rules or other protection measures applicable to the Services or Content;
  7. make any use of any Content that would infringe the copyright or other intellectual property or proprietary rights therein;
  8. make any recording or reproduction of, and will not stream or transmit or make available, any Content except as permitted hereunder;
  9. amplify, transmit or retransmit the Services or any Content so as to be audible or viewed outside of your own personal space;
  10. redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Services;
  11. modify any software or Content obtained through the Services for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content or removing (or trying to remove) and "DRM" (digital rights management) information or metadata, save as permitted by applicable law;
  12. input or transmit any User Materials or other content that contains anything which could be used to determine or alter the architecture of the Services, or could be used to decompile, disassemble, or reverse engineer the Services;
  13. collect personal data about other users or any other person (for any purpose);
  14. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services;
  15. impose an unreasonable or disproportionately large load on our infrastructure; or
  16. gain unauthorized access to Rythm's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or any Content.

For the avoidance of doubt, you agree to abide by the above, and by all other rules and policies established from time to time by Rythm, which are applied by Rythm in a non-discriminatory manner to all users of the Services, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues. You are responsible for all User Materials and other content that you transmit via the Services.

By transmitting User Materials or other content via or to the Services, you grant to Rythm a non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, fully-paid, worldwide license to copy, communicate to the public, make available, create derivative works from, distribute and/or otherwise use that content via any media, alone or together with other materials, in connection with the Services. Where applicable and to the fullest extent of applicable law, you hereby waive (and agree not to enforce) any so-called "moral rights" (or equivalent) for such use by Rythm.

7. MONITORING AND ENFORCEMENT

We have the right (but not the obligation) to:

  • Monitor compliance with this Agreement and any Additional Terms;
  • Take any action with respect to any or event that we deem necessary or appropriate in our sole discretion, including if we believe that event violates this Agreement or any Additional Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for us or any third party;
  • Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services or any illegal or unauthorized event; and
  • Terminate or suspend your access to all or part of the Services if you violate this Agreement or any Additional Terms.

We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of this Agreement and/or any Additional Terms, and we expressly reserve all rights and remedies available to us at law or in equity. Users are warned that breach of this Agreement and/or any Additional Terms may lead to civil or criminal liability. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. In addition, we will cooperate with the authorities in prosecuting any user who Interferes with the Services or any Content or otherwise attempts to defraud Rythm or any other parties through your use of the Services or any Content or any other services provided hereunder. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. TERMINATION

This Agreement, and all licenses granted by this Agreement may be terminated:

  • By you, by deleting the Rythm app from your device and ceasing to access or use the Services; or
  • By us, at any time or without notice for any reason or not reason, including if we cease supporting the Services or if you violate (or act in a manner indicating that you do not intend to or are unable to comply with) this Agreement or any Additional Terms, if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable, or if you use any Content in a manner inconsistent with the terms hereunder or which otherwise may constitute infringement of any rights of Rythm or our Content Licensors.

In addition, Rythm reserves the right to suspend provision of services in the event of an actual or suspected breach of this Agreement or other unauthorized use of the Services.

Termination or suspension by Rythm is without prejudice to any other rights or remedies we may have.

Upon termination, all rights granted to you under this Agreement will terminate, and you may no longer have access to any of the information associated with your account. Immediately upon any termination: (a) any unpaid Fee(s) shall remain payable in full (for the full period of each license granted), and you shall not be entitled to any refund; and (b) you shall cease use of the Services and Content, shall delete the Rythm app from your device, and shall delete all copies of any Content in your possession or control.

9. TECHNICAL REQUIREMENTS

You agree to use the Services in accordance with any technical guidelines that may be provided to you (and/or modified by us) from time to time. We will not be held responsible for any provision of service or electronic delivery that is incompatible with your operating system or other problems specific to your device. Rythm reserves the right to impose limited periods of downtime for maintenance or other interruptions for commercial reasons without prior notice. Specifically, you accept and agree that the Services may be interrupted from time to time due to technical or other issues caused by a telecoms or internet service provider or by network congestion, and that Rythm may temporarily suspend provision or operation of the Services for reasonable carrying out of periodic maintenance where necessary or where preferable to improve the Services. You expressly agree that Rythm shall not be liable for any loss resulting from any such downtimes or interruptions. If you are in doubt as to whether or not the Services are suitable for your requirements, please carefully evaluate the Services before registering as a User. If you are still unsure, you may contact us via support@rythm.fm for further information.

10. FILTERING TOOLS

When using the Services, you may be able to use filtering tools to limit explicit Content. However, despite our use of filtering tools, some explicit content may be served to you and accordingly (to the extent permitted by applicable law) you must not rely on the Services to filter all explicit content. If you encounter or become aware of any objectionable or infringing or unlawful content available anywhere on or via the Services, please immediately report such material to Rythm (and the specific page on which it is found), or if you believe that you are the owner of the copyright or other rights in any material appearing on the Services, or if you have any other complaint about the Services or any Content or other posted materials, please contact us via support@rythm.fm(making sure to include both the Uniform Resource Locator (URL) for the non-complying content and the reasons you believe it does not comply). Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.

11. YOUR WARRANTIES

By using the Services and/or creating an account, you affirm and warrant that you are 18 years of age or older, or, if you are not, that you are 13 years or older and have obtained parental or guardian consent to enter into these terms. Additionally, you represent and warrant that, at all times while using the Services, you will use the Services solely for your own personal, non-commercial entertainment purposes or your own device(s), and not for redistribution or transfer of any kind.

12. INDEMNIFICATION

You agree to indemnify, save, and hold us, our affiliates, Content Licensors, contractors, employees, agents, and other licensors and partners (collectively, the "Rythm Parties") harmless from any and all claims, losses, damages, liabilities, costs, and expenses (including legal fees and expenses) that may be incurred by any Rythm Party, arising out of or relating to your use or misuse of the Services and/or any Content, and any breach by you of this Agreement or any Additional Terms (including any representations and warranties made by you). We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You undertake to inform Rythm immediately if you become aware of any possible breach of this Agreement or any Additional Terms by you or any other party.

13. NO WARRANTIES; DISCLAIMERS

  1. No Warranties. THE SERVICES (INCLUDING ALL SOFTWARE, CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND FROM RYTHM OR ANY CONTENT OWNERS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RYTHM AND ALL CONTENT OWNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER RYTHM NOR ANY CONTENT OWNER WARRANTS THAT THE SERVICES OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  2. Content Disclaimer. Although our goal to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change at short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. The Services are intended only for the purposes specified or implied therein, and your use of the Services and/or any Content is entirely at your own risk. Rythm makes no warranty or representation about the provision or availability at any particular item of Content. You acknowledge that Rythm and the Content Owners reserve the right to remove or cease provision or availability (with or without notice) of any Content at any time without notice and without liability to you.
  3. Functionality Disclaimer. Rythm makes no warranty that: (a) the Services will meet your requirements; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the use of the Services will be accurate, complete, reliable or effective; or (d) the quality of any content or services obtained by you from the Services, from us, or from any third parties' websites or applications to which the Services may link, will meet your expectations or be free from mistakes, errors or defects. The use of the Services is at your own risk and with your agreement that you will be solely responsible for any loss or damage that results from such activities.
  4. Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, ALL AVAILABLE EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

14. LIMITATION OF LIABILITY

  1. General. You agree that (subject to applicable law), your sole and exclusive remedy for any dissatisfaction or problem arising from or in connection with the Services is to uninstall and stop using the Services.

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RYTHM NOR ANY CONTENT OWNER WILL BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR FROM SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.

    THE ABOVE LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE OR IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  2. Device Charges. Without limiting any other provision of this Agreement, you acknowledge and agree that you are solely responsible for all charges imposed by your device carrier with respect to your use of the Services, including without limitation all text messaging charges, roaming and international charges, and usage and overage charges charged by your carrier. in no event will we have any liability to you or any other party relating to any charges imposed by your device carrier relating to your use of the Services.
  3. Rythm Parties. You expressly acknowledge that "we" and "Rythm" when used in Section 13 and Section 14 includes all Rythm Parties.

15. DISPUTE RESOLUTION

Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of Delaware, United States of America, without regard to conflict of laws provisions. You and Rythm hereby irrevocably submit to the exclusive jurisdiction of the courts of Delaware for the purpose of hearing and determining any dispute arising out of or in connection with the Agreement or its formation or validity.

16. UPDATES TO TERMS OF SERVICE

Updates to this Agreement. We may change this Agreement from time to time and without prior notice to you, for any reason including to reflect changes in applicable law, updates to the Services, or for other reasons, subject to applicable law. Such revised Agreement will be provided to you (as applicable, via the applicable platform, by updating the date at the top of the applicable terms and conditions, or via a notification via the Services). Your continued use of any part of the Services after the effective date of the revised Agreement represents your consent to the changes. You waive any right you may have to receive additional notice of such changes or modifications. If you do not agree to any change to these terms, please discontinue using the Services immediately.

17. GENERAL PROVISIONS

  1. Entire Agreement. This Agreement, together with any Additional Terms, rules, guidelines and other Rythm terms incorporated or referred to herein, constitutes the entire agreement between you and Rythm pertaining to the subject matter hereof. In the event of a conflict between this Agreement and any Additional Terms that may apply to a specific software, product, or Service, the Additional Terms shall control with respect to your use of that particular software, product, or Service.
  2. No Implied Waiver. The failure of Rythm to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, or of any other right or provision contained herein. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.
  3. Assignment. You may not assign your rights under this Agreement without Rythm's prior written consent, and any attempted assignment shall be null and void. Rythm may assign this Agreement without restriction and without notice to you.
  4. Notice. Rythm may provide you with notices, including those regarding changes to this Agreement, via email, regular mail or notifications within the Services. You may notify Rythm via postal mail to Rythm, Inc., 305 Broadway Floor 7, New York, NY 10007, United States.
  5. Severability. If any provision of this Agreement is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of this Agreement and will not cause the invalidity or unenforceability of the remainder of this Agreement.
  6. Language. This Agreement was originally prepared in the English language. Although we may provide one or more translations for your convenience, the English version shall control to the extent permitted by law in the event of a conflict or discrepancy.
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