Web Radio Service Agreement
Last updated July 31, 2019
Welcome to Web Radio! This agreement explains the terms and conditions that apply to users (“you”) of the Web Radio Service (described below) and constitutes a legally binding agreement between you and Web Radio. By accepting this Agreement or using the Web Radio Service, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions in this agreement (“Agreement”). If you do not agree with this Agreement, you must not accept this Agreement and may not use the Web Radio Service.
- Terms Of Service
Web Radio may at its discretion change the terms of this Agreement. Such changes shall be effective upon posting by Web Radio, and if you use the Web Radio Service after that date, your use will constitute acceptance of the revised terms and conditions. We encourage you to check https://radio.ssoftgroup.com/privacy-policy/ frequently.
- The Web Radio Service
The ” Web Radio Service” consists of (a) our online guide designed to simplify finding radio programming from broadcast or streaming radio sources, (b) the website located at radio.ssoftgroup.com (the “Site”), (c) all software (including the Software, as defined below), data, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”), (d) our downloadable applications and (e) any updates, additional features and functionality that Web Radio may offer.
- Changes To Your Web Radio Service
Web Radio may at its discretion and from time to time change, add or remove features and functionality of the Web Radio Service without notice. Web Radio reserves the right to discontinue some or all of the features of the Web Radio Service at any time at its discretion (including the provision of updates). Additionally, a given Web Radio subscription may support different features and functionality, and Web Radio is under no obligation to provide all features and functionality with your subscription. You agree that Web Radio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Radio Service.
- We Don’t Control the Nature Of Radio
The Web Radio Service gives you the ability to listen to and time-shift broadcast radio programs over which Web Radio exercises no editorial or programming control, and the Web Radio Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (“Third Party Content”). You understand that (a) Web Radio does not guarantee the access to, recording, or viewing of any particular Third Party Content, (b) Third Party Content is not under Web Radio’s control and Web Radio is not responsible for and does not endorse such Third Party Content, (c) radio broadcasters may change Third Party Content or schedules at any time, and (d) Web Radio is not responsible for and has no editorial control over any Third Party Content or the distribution thereof. You agree that Web Radio will have no liability to you or any third party with regard to any Third Party Content.
- Radio Programming Is Copyrighted
You acknowledge and agree that Third Party Content is the copyrighted material of the third party that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except as permitted by applicable law.
- Eligible Users
You must be at least 18 years of age to use the Web Radio Service. Children over the age of 13 may use the Web Radio Service only if their parent or legal guardian accepts and agrees to the terms and conditions of this Agreement on their behalf and thereby assumes full responsibility for the child’s use of the Web Radio Service.
- Your Content
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Web Radio Service (“Your Content”). You agree to not use the Web Radio Service to post, email or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (vi) in the sole judgment of Web Radio, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Radio Service, or which may expose Web Radio or its users to any harm or liability of any type. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Web Radio reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Web Radio Service, you hereby do and shall grant Web Radio a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Web Radio Service. Web Radio has the right, but not the obligation, to monitor the Web Radio Service, Content, or Your Content. You acknowledge that Web Radio may establish general practices and limits concerning use of the Web Radio Service, including without limitation the maximum period of time that Your Content, data or other content will be retained by the Web Radio Service and the maximum storage space that will be allotted on Web Radio’s servers on your behalf. You acknowledge and agree that Web Radio may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Web Radio, its users and the public.
You understand that the operation of the Web Radio Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Web Radio’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Web Radio Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Web Radio will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
- Representations and Warranties.
You represent and warrant to Web Radio that (i) you have full power and authority to enter into this Agreement; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Web Radio to perform its obligations) in connection with the Web Radio Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Web Radio Service, and Web Radio’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
- Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT THE Web Radio SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Web Radio MAKES NO WARRANTY THAT THE Web Radio SERVICE WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO ACCESS ANY PARTICULAR PROGRAMMING, OR THAT YOUR USE OF THE Web Radio SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; NOR DOES Web Radio MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE Web Radio SERVICE (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE Web Radio SERVICE WILL BE CORRECTED OR THAT THE SOFTWARE OR Web Radio SERVICE WILL BE COMPATIBLE WITH ANY OTHER HARDWARE OR SERVICE. Web Radio SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT THE Web Radio SERVICE, THE SOFTWARE, OR OTHER HARDWARE. Web Radio AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE Web Radio SERVICE OR THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. IN THESE STATES, Web Radio’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Limitations of Web Radio’s Liability
IN NO EVENT AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL Web Radio OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, USE OF USER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE Web Radio SERVICE OR USE OF THE Web Radio SERVICE THROUGH YOUR ACCOUNT BY A THIRD PARTY, EVEN IF Web Radio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL Web Radio’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO Web Radio IN THE PRECEDING TWELVE MONTHS OR, IF GREATER, ONE HUNDRED DOLLARS ($100). YOU UNDERSTAND THAT THESE LIMITATIONS OF Web Radio’S AND Web Radio’S SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.