BoothFM
Terms of Service
These Terms of Service (“Terms”) govern your access to and use of BoothFM's website, applications, virtual rooms, AI music tools, and related services (collectively, the “Services”).
By accessing or using BoothFM, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Operator
BoothFM is operated by a sole proprietor (“BoothFM,” “we,” “our,” or “us”).
Contact:
ryan@boothfm.com
2. Eligibility
You must be at least 13 years old to use the Services.
If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
3. Nature of the Service
BoothFM is a social entertainment platform that allows users to:
- Generate AI-assisted music and media
- Upload and play music
- Participate in virtual rooms and communities
- Interact with avatars and other users
- Stream, remix, or share content
- Use third-party AI systems and APIs integrated into the Services
BoothFM is a passive platform provider and does not actively monitor, pre-screen, verify, or endorse user-generated content.
4. User Responsibility for Content
You are solely responsible for all content you:
- Upload
- Generate
- Prompt
- Stream
- Publish
- Remix
- Broadcast
- Share
- Perform
- Display
- Distribute
through the Services (“User Content”).
You represent and warrant that:
- You own or have all necessary rights, licenses, permissions, and authorizations for your User Content;
- Your User Content does not infringe any copyright, trademark, publicity, privacy, or other rights;
- Your User Content complies with all applicable laws and regulations;
- You have obtained all required licenses for any music, samples, vocals, stems, loops, likenesses, or materials used.
BoothFM does not verify ownership rights or licensing status of User Content.
5. AI-Generated Music & Copyright Risk
BoothFM may provide access to AI-generated music tools powered by third-party systems, including APIs and models provided by external vendors.
You acknowledge and agree that:
- AI-generated outputs may unintentionally resemble existing copyrighted works;
- BoothFM cannot and does not guarantee originality, exclusivity, non-infringement, or copyright ownership of AI-generated outputs;
- You assume all legal risk arising from your prompts, generated outputs, uploads, streams, performances, or distributions;
- You are solely responsible for determining whether you may legally use, monetize, publish, stream, or distribute AI-generated content;
- BoothFM is not responsible for copyright claims, takedowns, royalty obligations, licensing disputes, or infringement allegations relating to User Content or AI-generated outputs.
You further acknowledge that BoothFM merely provides technological tools and infrastructure and is not the creator, publisher, producer, or distributor of User Content generated or uploaded by users.
6. DMCA & Copyright Policy
BoothFM complies with the Digital Millennium Copyright Act (“DMCA”).
If you believe content on BoothFM infringes your copyright, submit a notice to:
ryan@boothfm.com
Your notice must include:
- Identification of the copyrighted work;
- Identification of the allegedly infringing material;
- Your contact information;
- A statement under penalty of perjury that you believe the use is unauthorized;
- Your physical or electronic signature.
BoothFM reserves the right to:
- Remove or disable access to any content;
- Suspend or terminate accounts;
- Restrict room access;
- Cooperate with rights holders and legal authorities;
- Remove content without notice or liability.
Repeat infringers may be permanently banned.
7. License You Grant to BoothFM
By submitting User Content, you grant BoothFM a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to:
- Host
- Store
- Reproduce
- Modify
- Adapt
- Display
- Stream
- Distribute
- Promote
- Analyze
- Process
your User Content solely for purposes of operating, improving, promoting, and providing the Services.
You retain ownership of your User Content subject to this license.
8. Prohibited Conduct
You agree not to:
- Infringe intellectual property rights;
- Upload unauthorized copyrighted music or samples;
- Impersonate others;
- Harass, threaten, or abuse users;
- Circumvent moderation or security systems;
- Use bots or scraping tools without authorization;
- Distribute malware or harmful code;
- Engage in fraud, illegal gambling, scams, or deceptive conduct;
- Violate applicable laws or regulations;
- Attempt to reverse engineer the Services;
- Use BoothFM to train competing AI systems without permission.
We reserve the right to remove content or terminate accounts at any time, for any reason, without notice.
9. Moderation & Platform Control
BoothFM has absolute discretion to:
- Remove content;
- Suspend or terminate users;
- Restrict rooms or features;
- Limit uploads or streams;
- Modify algorithms or visibility;
- Refuse service to anyone.
We are not obligated to monitor content or user behavior.
Failure to enforce any rule does not waive our right to enforce it later.
10. Third-Party Services
The Services may integrate with third-party platforms, including:
- AI providers
- Authentication providers
- Streaming providers
- Hosting providers
- Social media services
BoothFM is not responsible for third-party services, content, outages, policies, or actions.
Your use of third-party services may be governed by separate agreements.
11. No Warranty
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOTHFM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- TITLE
- ACCURACY
- RELIABILITY
- AVAILABILITY
- SECURITY
BoothFM does not guarantee that:
- Content is lawful;
- AI outputs are original;
- Services will be uninterrupted;
- Music will remain available;
- User behavior will be safe or appropriate.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOOTHFM SHALL NOT BE LIABLE FOR:
- INDIRECT DAMAGES
- INCIDENTAL DAMAGES
- CONSEQUENTIAL DAMAGES
- SPECIAL DAMAGES
- PUNITIVE DAMAGES
- LOSS OF PROFITS
- LOSS OF DATA
- LOSS OF GOODWILL
- COPYRIGHT CLAIMS
- ROYALTY CLAIMS
- LICENSING DISPUTES
- USER CONTENT DISPUTES
arising out of or related to the Services.
YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.
IN NO EVENT SHALL BOOTHFM'S TOTAL LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100).
13. Indemnification
You agree to defend, indemnify, and hold harmless BoothFM and its operator from and against any claims, damages, liabilities, losses, costs, and expenses (including attorneys' fees) arising out of or related to:
- Your User Content;
- Your use of AI-generated outputs;
- Copyright or intellectual property claims;
- Your violation of these Terms;
- Your violation of any law or third-party right;
- Your interactions with other users.
14. Assumption of Risk
You understand that online communities and AI-generated content involve inherent risks.
You assume all risks associated with:
- User-generated content;
- AI-generated outputs;
- Interactions with other users;
- Public rooms and streaming;
- Offensive or infringing material;
- Errors, inaccuracies, or unauthorized use.
15. Termination
We may suspend or terminate your access at any time, with or without notice, for any reason or no reason.
Upon termination:
- Your right to use the Services immediately ends;
- We may delete or retain content at our discretion;
- Provisions intended to survive termination will remain in effect.
16. Arbitration & Waiver of Class Actions
To the maximum extent permitted by law:
- Any dispute arising from these Terms or the Services shall be resolved by binding arbitration;
- You waive any right to participate in a class action lawsuit or class arbitration;
- Disputes must be brought individually.
You agree that arbitration shall occur in the United States under applicable arbitration rules selected by BoothFM.
17. Governing Law
These Terms shall be governed by the laws of the State of New York, without regard to conflict of law principles.
18. Changes to the Services
BoothFM may modify, suspend, discontinue, or remove any aspect of the Services at any time without liability.
Features, rooms, AI systems, or content availability may change without notice.
19. Changes to These Terms
We may update these Terms at any time.
Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.
20. Entire Agreement
These Terms constitute the entire agreement between you and BoothFM regarding the Services and supersede any prior agreements or understandings.
21. Contact
Questions, legal notices, and DMCA claims:
ryan@boothfm.com