PRIVATE LISTENING ROOM
CONFIDENTIALITY, FEEDBACK & COLLABORATION TERMS
**ATTORNEY REVIEW DRAFT v2 — NOT FINAL**
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THE SHORT VERSION
This summary is for convenience only. The full Terms below govern.
* **Your stuff stays yours.** Entering this room does not give us your songs, catalog, name, voice, or career.
* **Our stuff stays ours.** Listening, rating, or commenting does not make you a co-writer or owner of our material.
* **Don't leak.** Nothing you hear or see here leaves the room without written permission.
* **Don't feed it to AI.** No uploading our material to outside AI tools, voice cloners, or datasets — and we won't do that with yours either.
* **Feedback is not co-writing.** "Shorten the chorus" is feedback. Writing a new verse is an Original Contribution, and we won't release it commercially without a separate written deal with you.
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These Private Listening Room Confidentiality, Feedback & Collaboration Terms ("Terms") govern access to a private listening and creative-development platform operated by **CyberBoost LLC, a Florida limited liability company, doing business as Continental Divide Records** ("Continental Divide," "Label," "we," "us," or "our").
The purpose of the Private Listening Room is to allow invited artists, collaborators, advisors, and other authorized persons to privately listen to music, review creative material, provide feedback, and explore potential future collaborations with Continental Divide Records.
These Terms are intended to protect both the Label and the invited participant.
They are **not** intended to secretly transfer an artist's pre-existing creative work, identity, catalog, or career to the Label.
By affirmatively checking the acceptance box and selecting **Enter Private Listening Room**, you agree to these Terms.
If you do not agree, do not enter the Private Listening Room.
1. Eligibility
You represent that you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms.
If you are entering on behalf of a business entity, you represent that you are authorized to bind that entity.
The Label may refuse or revoke access to any person who does not meet these requirements.
2. Limited Private Access
Access to the Private Listening Room is personal, limited, revocable, and non-transferable.
You may use the Private Listening Room only for private listening, evaluation, feedback, discussion, and authorized creative-development activities.
Unless the Label gives prior written permission, you may not share:
* The private website address
* Passwords or access credentials
* Private links
* Unreleased recordings
* Alternate recordings or mixes
* Unreleased lyrics
* Works in progress
* Production materials
* Creative-development information
* Screenshots or screen recordings
* Private comments
* Voting or rating information
* Future release information
* Other non-public material presented through the Private Listening Room
The Label may suspend or terminate access at any time.
3. Label Materials
"Label Materials" means recordings, compositions, lyrics, arrangements, demos, masters, alternate versions, artwork, production materials, prompts, written materials, creative-development files, concepts as embodied in protectable expression, metadata, websites, software, documentation, release materials, and other content that Continental Divide Records or CyberBoost LLC owns, controls, licenses, or makes available through the Private Listening Room.
Some Label Materials may already have been publicly released.
The fact that a Label Material has been publicly released does not transfer ownership of that material or grant the listener any right to reproduce, distribute, sample, remix, register, license, sell, commercially exploit, or claim ownership of it.
4. Confidential Materials
Any Label Material or business information that has not been intentionally released to the general public by the Label is "Confidential Material."
Confidential Material may include:
* Unreleased songs and recordings
* Unreleased lyrics
* Alternate versions
* Stems
* Demos
* Works in progress
* Creative-development materials
* Production methods
* Prompts and development instructions
* Private artist discussions
* Business plans
* Marketing strategies
* Release plans
* Financial information
* Internal voting and ratings
* Private comments
* Collaborator information
* Other information reasonably understood to be private or confidential
You agree to protect Confidential Material and not disclose or use it except for the purpose for which you were given access.
**Exceptions.** Confidential Material does not include information that:
1. Is or becomes publicly available through no breach of these Terms by you;
2. You can document was already lawfully in your possession before receiving it through the Private Listening Room;
3. You lawfully receive from a third party who is not under a confidentiality obligation to the Label; or
4. You independently develop without use of or reference to Confidential Material.
**Compelled disclosure.** If you are required by law, subpoena, or court order to disclose Confidential Material, you will (where legally permitted) give the Label prompt written notice so it may seek a protective order, and you will disclose only the portion legally required.
These confidentiality obligations continue after access to the Private Listening Room ends.
Nothing in these Terms is intended to characterize information as a trade secret unless that information qualifies for trade-secret protection under applicable law.
5. Ownership of Existing Label Materials
Except where expressly stated otherwise, all right, title, and interest owned or controlled by CyberBoost LLC or Continental Divide Records in existing Label Materials remain with CyberBoost LLC or Continental Divide Records.
Access to the Private Listening Room does not transfer ownership.
Listening to, rating, commenting on, discussing, criticizing, recommending changes to, or otherwise reviewing existing Label Materials does not by itself create authorship, co-authorship, ownership, publishing rights, master rights, royalty rights, or any other proprietary interest in those existing materials.
No license is granted except the limited permission to privately access and evaluate the Label Materials through the Private Listening Room.
6. Human and AI-Assisted Creative Development
Continental Divide Records uses modern creative tools and workflows.
Certain Label Materials may result from combinations of:
* Human concepts and direction
* Human-written material
* Human editing and rewriting
* Human selection and arrangement
* Human production decisions
* Human performance
* Human mixing, mastering, or other production work
* Artificial-intelligence-assisted writing or development
* Artificial-intelligence-assisted music generation or production
* Other software and production technologies
The use of artificial-intelligence-assisted tools does not constitute a waiver, abandonment, dedication to the public, or concession concerning copyrights, contractual rights, ownership interests, trademark rights, confidentiality rights, or other legally protectable interests.
CyberBoost LLC and Continental Divide Records reserve all rights they legally own or control in the human-authored expression, recordings, production, arrangements, edits, modifications, selections, compilations, and other protectable elements of Label Materials.
Nothing in these Terms should be interpreted as claiming copyright protection for material that applicable law does not protect.
Nothing in these Terms should be interpreted as conceding that a particular work or portion of a work is unprotected merely because artificial-intelligence-assisted technology participated in its development.
7. The Artist's Existing Work Remains the Artist's
Nothing in these Terms transfers ownership of material that an invited artist or collaborator created independently before submitting it to the Label.
An artist's pre-existing songs, lyrics, compositions, recordings, stories as embodied in protectable expression, photographs, artwork, performances, and other creative works remain that artist's property unless the parties later enter into a separate written agreement concerning those rights.
Similarly, the Label's pre-existing works remain the Label's property.
These Terms do not constitute a blanket assignment of an artist's present or future catalog.
8. Feedback
We want candid feedback.
Ratings, votes, reactions, critiques, comments, general suggestions, observations, and similar feedback concerning existing Label Materials ("Feedback") may be used by the Label for internal creative, production, marketing, and A&R purposes.
Providing ordinary Feedback does not by itself make the person providing it a songwriter, producer, publisher, owner, partner, or joint author of an existing work.
The Label may consider and implement ordinary Feedback without creating a compensation obligation solely because that Feedback influenced a later creative or business decision.
Examples may include comments such as:
* Make the chorus shorter
* I like version three better
* The vocal should begin earlier
* This song needs more energy
* Change the tempo
* I dislike this verse
* This should be the single
This provision applies to ordinary Feedback and does **not** automatically apply to separately submitted copyrightable creative expression.
9. Original Creative Contributions
An "Original Contribution" means copyrightable creative expression intentionally supplied by an invited participant for possible incorporation into a project, such as original lyrics, melody, musical performance, original recording, or other independently authored creative expression.
If you intentionally submit an Original Contribution:
1. **Ownership representation.** You represent that you own or control the rights necessary to submit it.
2. **Disclosure.** You agree to disclose known co-writers, co-owners, samples, licenses, or other third-party interests associated with the contribution.
3. **Limited evaluation permission.** You grant the Label a limited, non-exclusive, revocable permission to receive, retain, privately evaluate, discuss, arrange, test, edit for evaluation, and create internal development versions incorporating the contribution ("Development Versions").
4. **Duration.** The evaluation permission lasts twelve (12) months from the date of submission unless extended by mutual written agreement or superseded by a separate written agreement.
5. **No transfer.** The evaluation permission does not transfer ownership of your copyright.
6. **No AI training or generative use by the Label.** The Label will not use your Original Contribution to train, fine-tune, or condition any artificial-intelligence or machine-learning model, or to generate derivative works through artificial-intelligence tools beyond internal evaluation of the contribution itself, without your prior written consent.
7. **No commercial release without a written agreement.** The Label will not commercially release, distribute, license, or otherwise commercially exploit your Original Contribution, or any Development Version incorporating it, unless and until the parties have executed a separate written agreement addressing ownership, credit, compensation, royalties, publishing, master rights, and other applicable terms.
8. **If no agreement is reached.** If the parties do not execute a commercial agreement, then upon your written request, or upon expiration of the evaluation permission, the Label will cease use of the Original Contribution and Development Versions, except that the Label may retain one archival copy solely for legal, record-keeping, and dispute-resolution purposes and not for creative or commercial use.
9. **Indemnity.** You will defend and indemnify the Label against third-party claims arising from a breach of your representations in paragraphs 1 and 2 above.
10. **Documentation.** If the parties decide to commercially develop a jointly created work, they will document the applicable ownership and economic arrangement in writing rather than relying upon informal conversations or assumptions.
10. Independently Developed and Similar Material
The Label, its writers, artists, producers, contractors, and creative technologies develop a substantial volume of material.
An idea, theme, subject, title, concept, mood, genre, storyline, production direction, or other unprotectable element submitted by one person may be similar to material already created or independently created later by another person.
Submission of such material does not prevent the Label from developing independently created material merely because similarities exist.
Nothing in this Section permits the Label to knowingly misappropriate another person's protectable original expression, and nothing in this Section limits the Label's obligations under Section 9.
11. No Automatic Songwriting or Publishing Split
These Terms do not establish songwriting percentages, publishing percentages, master ownership percentages, royalty rates, producer points, featured-artist royalties, recoupment terms, advances, or other commercial splits.
Those matters will be documented separately when appropriate.
The parties acknowledge that actual creative contributions may differ from project to project and that songwriting and ownership determinations should reflect the applicable facts and written agreements.
12. No Automatic Artist or Recording Agreement
Access to this Private Listening Room does not create:
* An artist agreement
* Exclusive recording agreement
* Publishing agreement
* Management agreement
* Employment relationship
* Partnership
* Joint venture
* Agency relationship
* Fiduciary relationship
* Promise of commercial release
* Promise of financing
* Promise of promotion
* Promise of compensation
* Guaranteed royalty
* Guaranteed songwriting credit
If Continental Divide Records and an artist decide to work together commercially, the applicable relationship will be addressed in a separate agreement.
13. No General Artist Exclusivity
Nothing in these Terms prevents an invited artist from independently creating music, writing songs, performing, pursuing other opportunities, or working with other persons.
Any future exclusivity concerning recording, publishing, management, representation, or similar rights must be separately negotiated and agreed to in writing.
14. No Unauthorized Copying or Distribution
Unless specifically authorized in writing, you may not:
* Download restricted recordings
* Rip or extract audio
* Record playback using another device
* Screen-record the Private Listening Room
* Copy non-public lyrics
* Extract stems
* Reproduce demos
* Create unauthorized remixes
* Sample Label Materials
* Upload Label Materials elsewhere
* Post Label Materials on social media
* Send Label Materials to another person
* Distribute Label Materials
* Sell or license Label Materials
* Pitch Label Materials to another label, publisher, artist, manager, producer, distributor, or platform
* Commercially exploit Label Materials
15. No Unauthorized AI Training, Voice Cloning, or Dataset Use
**Participant obligations.** Without prior written authorization, Confidential Material may not be uploaded, transmitted, supplied, pasted, ingested into, or otherwise provided to an outside artificial-intelligence system, machine-learning system, music generator, dataset, voice-cloning system, synthetic-media service, or comparable technology.
No person receiving access through this Private Listening Room may use Label Materials to train, fine-tune, condition, imitate, reproduce, clone, or develop:
* An artist voice
* An artist likeness
* A musical model
* A songwriting model
* A production model
* A dataset
* A competing artificial-intelligence system
**Label obligations.** This provision does not grant the Label any right to create a digital replica or voice clone of an invited artist. The Label will not use an invited artist's Original Contributions, voice, likeness, or performance to train, fine-tune, clone, or simulate that artist without the artist's prior express written consent, consistent with Section 9.
Any future authorization for commercial cloning, simulation, or synthetic reproduction of a real artist's voice, identity, or likeness must be addressed separately and expressly in writing.
16. No Unauthorized Registration or Ownership Claims
Unless expressly authorized in writing, you may not register, claim, administer, fingerprint, monetize, or assert ownership over Label Materials through:
* The United States Copyright Office
* Performing-rights organizations
* The Mechanical Licensing Collective
* SoundExchange
* Music publishers or administrators
* Digital distributors
* YouTube Content ID
* Meta Rights Manager
* Other platform-rights systems
* ISRC registration systems
* ISWC registration systems
* Fingerprinting services
* Digital-service providers
* Copyright-management systems
* Royalty-collection systems
* Any similar registry or database
You may not knowingly make an authorship, ownership, master, publishing, royalty, or copyright claim based solely upon listening to, reviewing, rating, discussing, or giving ordinary Feedback concerning Label Materials.
Nothing in this Section prevents a person from asserting legitimate rights in their own Original Contribution.
17. No Unauthorized Commercial Use of Artist Identity
Nothing in these Terms grants Continental Divide Records a blanket commercial license to an invited artist's name, image, likeness, signature, voice, biography, persona, or identity.
Any material commercial use of those rights in connection with a public release, advertising campaign, endorsement, synthetic performance, or other commercial exploitation must be addressed in the applicable artist, release, or authorization agreement.
The Label may use information reasonably necessary to administer the Private Listening Room and identify the authorized participant.
18. Passwords and Security
Access credentials are personal.
You agree not to share your password or intentionally permit another person to use your account.
If you believe your account, password, access link, or other credentials have been compromised, you agree to promptly notify the Label.
You may not attempt to:
* Bypass security controls
* Circumvent access restrictions
* Discover hidden files
* Scrape the platform
* Enumerate directories
* Obtain another participant's credentials
* Access unauthorized portions of the system
* Interfere with the operation or security of the platform
19. Records of Access and Acceptance; Privacy
For security, copyright administration, business records, and protection of creative materials, CyberBoost LLC will maintain reasonable records concerning use of the Private Listening Room.
Such records may include:
* Participant identity
* Email address
* IP address and device or browser information
* Date and time of acceptance
* Version of these Terms accepted and a cryptographic hash of the accepted text
* Login and access events
* Songs accessed
* Ratings and Feedback submitted
* Security-related technical information
* Other reasonable business records associated with the private service
**How this information is used.** The Label uses this information only to operate and secure the Private Listening Room, verify acceptance of these Terms, administer creative-development activities, and protect its legal rights. The Label does not sell participant information. The Label may share it with service providers who help operate the platform, or where required by law.
**Retention.** The Label retains acceptance records for as long as reasonably necessary to document the agreement and protect its rights.
**Your rights.** You may request a copy of the information the Label holds about you, or correction of inaccurate information, by contacting the Label at the address below. Participants located in jurisdictions that provide additional privacy rights may exercise those rights to the extent applicable.
The Label does not acquire ownership of an artist's creative rights merely by maintaining such records.
20. Electronic Agreement
The parties agree that these Terms may be presented, accepted, retained, and stored electronically, and that electronic records and signatures satisfy any requirement of a writing under applicable law, including the Florida Electronic Signature Act and the federal E-SIGN Act.
Checking the acceptance box and affirmatively selecting the button indicating acceptance constitutes an electronic manifestation of assent to these Terms.
The Label will maintain a retrievable copy of the version accepted by each participant, together with the acceptance record described in Section 19.
21. Protection of Confidential Materials; Remedies
You acknowledge that unauthorized disclosure or exploitation of unreleased recordings, lyrics, creative works, business information, or other Confidential Material would cause the Label irreparable harm for which monetary damages would be an inadequate remedy.
Accordingly, in the event of an actual or threatened breach of Sections 2, 4, 14, 15, 16, or 18, the Label is entitled to seek temporary, preliminary, and permanent injunctive relief and specific performance, without the necessity of proving actual damages and, to the extent permitted by law, without posting a bond. This is in addition to any other remedy available under applicable law.
**Attorney's fees.** In any action arising from these Terms, the prevailing party is entitled to recover its reasonable attorney's fees and costs, including on appeal.
Nothing in these Terms creates a remedy, penalty, or measure of damages unavailable under applicable law.
22. Released Material
If a recording or other Label Material has already been intentionally released to the public, the confidentiality restrictions applicable solely because the material was previously unreleased no longer apply to the publicly released version.
However:
* Ownership rights remain unaffected
* Copyright and contractual rights remain unaffected
* Non-public alternate versions remain protected
* Private production information remains protected
* Internal discussions remain protected
* Unreleased companion materials remain protected
* Private business information remains protected
23. Disclaimer of Warranties; Limitation of Liability
The Private Listening Room is provided "as is" and "as available." The Label does not warrant that the platform will be uninterrupted, error-free, secure, or free of data loss. You are responsible for maintaining your own copies of any Original Contribution you submit.
To the fullest extent permitted by law, the Label's total liability to you arising from these Terms or your use of the Private Listening Room will not exceed one hundred U.S. dollars (US $100), and the Label will not be liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost opportunities, or lost data.
This Section does not limit the Label's obligations under Sections 7, 9, 15, or 17, and does not limit liability that cannot be limited under applicable law.
24. Good-Faith Collaboration
Continental Divide Records believes that sustainable creative relationships should create value for both the artist and the Label.
The purpose of these Terms is to prevent misunderstanding and unauthorized exploitation during the development process — not to deprive an artist or collaborator of legitimate authorship, compensation, or ownership rights.
If a project moves from private development into commercial exploitation, the parties will address material commercial rights through appropriate written agreements.
25. Governing Law; Venue; Dispute Resolution
These Terms are governed by the laws of the State of Florida and applicable United States federal law, without regard to conflict-of-law principles.
The parties agree that the exclusive venue for any dispute arising from these Terms shall be the state courts located in St. Lucie County, Florida, or the United States District Court for the Southern District of Florida, and each party consents to the personal jurisdiction of those courts.
Notwithstanding the foregoing, the Label may seek injunctive relief under Section 21 in any court of competent jurisdiction where the breach is occurring or where the breaching party is located.
Before filing a non-injunctive claim, the parties agree to attempt in good faith to resolve the dispute through direct discussion for a period of thirty (30) days after written notice.
**ATTORNEY NOTE: Venue drafted as St. Lucie County (Fort Pierce). Confirm whether Pinellas County (CyberBoost LLC's registered address) is preferred instead, and whether a jury-trial waiver should be added.**
26. Severability
If a provision of these Terms is held invalid or unenforceable, the remaining provisions will remain enforceable to the fullest extent permitted by law.
Any invalid provision will be construed or limited only to the extent reasonably necessary to make it enforceable.
27. No Waiver
Failure to enforce a provision of these Terms on one occasion does not constitute a waiver of that provision or any other provision.
28. Entire Agreement for Listening-Room Access
These Terms constitute the entire agreement concerning access to and use of the Private Listening Room.
They do not replace a separately executed artist, songwriter, publishing, producer, recording, licensing, distribution, split-sheet, or other commercial agreement.
If a later signed agreement expressly conflicts with these Terms concerning the same subject matter, the later signed agreement will control to the extent stated in that agreement.
29. Amendments
Material amendments to these Terms will not be treated as accepted solely because the Label changes the text displayed on the website.
If the Label materially changes these Terms, continued access will be conditioned upon affirmative acceptance of the revised version.
30. Questions and Fair Dealing
If something in these Terms appears unclear or inconsistent with the participant's understanding of the relationship, the participant is encouraged to raise the issue before submitting material or proceeding with a commercial collaboration.
Questions may be directed to the Label at the contact address below.
The Label's goal is to protect its investment and catalog while respecting legitimate artist and collaborator rights.
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ACCEPTANCE
I acknowledge that:
* I am at least 18 years of age
* I have been given an opportunity to read these Terms
* I understand that this is a private creative-development environment
* I understand the difference between ordinary Feedback and an Original Contribution
* I understand that entering the room does not transfer my pre-existing creative work to the Label
* I understand that entering the room does not give me ownership of existing Label Materials
* I agree to keep Confidential Material private
* I agree not to distribute, register, or commercially exploit Label Materials without authorization
* I agree not to provide Confidential Material to any outside AI, voice-cloning, or dataset service
* I consent to conducting this transaction electronically and to the records described in Section 19
**Terms Version:** Automatically recorded
**Date, Time, and IP Address:** Automatically recorded
**[ BY ENTERing PRIVATE LISTENING ROOM ]**
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**CyberBoost LLC**
doing business as
**Continental Divide Records**
Contact: whois@cyberboost.com
© 2026 CyberBoost LLC. All rights reserved.