Disclaimer
OnlineRadios Service Agreement
Last updated Nov 01, 2011
Welcome to OnlineRadios! This agreement explains the terms and conditions that apply to users ("you") of the OnlineRadios Service (described below) and constitutes a legally binding agreement between you and OnlineRadios. By accepting this Agreement or using the OnlineRadios 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 OnlineRadios Service.
1. Terms Of Service
OnlineRadiosmay at its discretion change the terms of this Agreement. Such changes shall be effective upon posting by OnlineRadios, and if you use the OnlineRadios Service after that date, your use will constitute acceptance of the revised terms and conditions. We encourage you to check www.OnlineRadios.com/policies frequently.
2. The OnlineRadios Service
The " OnlineRadios Service" consists of (a) our online guide designed to simplify finding radio programming from broadcast or streaming radio sources, (b) the website located at www.OnlineRadios.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 OnlineRadiosmay offer.
3. Changes To Your OnlineRadios Service
OnlineRadiosmay at its discretion and from time to time change, add or remove features and functionality of the OnlineRadios Service without notice. OnlineRadiosreserves the right to discontinue some or all of the features of the OnlineRadios Service at any time at its discretion (including the provision of updates). Additionally, a given OnlineRadiossubscription may support different features and functionality, and OnlineRadiosis under no obligation to provide all features and functionality with your subscription. You agree that OnlineRadiosshall not be liable to you or to any third party for any modification, suspension or discontinuance of the OnlineRadios Service.
4. OnlineRadios's Privacy Policy
A copy of OnlineRadios's Privacy Policy can be found via our web site at http://www.OnlineRadios.com/privacy-policy.html. Please read it carefully before using the OnlineRadios Service. By using the OnlineRadios Service, you agree to the terms and conditions of our Privacy Policy and affirm that you understand the options OnlineRadiosprovides to you with regard to your User Information. All such terms are hereby incorporated by reference into this Agreement.
5. Using The OnlineRadios Service
Subject to the terms and conditions of this Agreement, you may access and use the OnlineRadios Service only with an authorized subscription. The OnlineRadios Service is provided only for your personal, non-commercial use. You may not transfer the OnlineRadios Service to a third party. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the OnlineRadios Service available to any third party, in whole or in part; (b) use the OnlineRadios Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the OnlineRadios Service or its components, or (c) modify, adapt or hack the OnlineRadios Service to, or otherwise attempt to gain unauthorized access to the OnlineRadios Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices OnlineRadiosprovides you or publishes in connection with the OnlineRadios Service, and you shall promptly notify OnlineRadiosif you learn of a security breach related to the OnlineRadios Service.
6. Mobile Services
The OnlineRadios Service includes certain services that are available via a mobile device, including (i) the ability to browse the OnlineRadios Service from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the OnlineRadios Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
7. We Don't Control the Nature Of Radio
The OnlineRadios Service gives you the ability to listen to and time-shift broadcast radio programs over which OnlineRadiosexercises no editorial or programming control, and the OnlineRadios 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) OnlineRadiosdoes not guarantee the access to, recording, or viewing of any particular Third Party Content, (b) Third Party Content is not under OnlineRadios's control and OnlineRadiosis 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) OnlineRadiosis not responsible for and has no editorial control over any Third Party Content or the distribution thereof. You agree that OnlineRadioswill have no liability to you or any third party with regard to any Third Party Content.
8. 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.
9. Eligible Users
You must be at least 18 years of age to use the OnlineRadios Service. Children over the age of 13 may use the OnlineRadios 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 OnlineRadios Service.
13. 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 OnlineRadios Service ("Your Content"). You agree to not use the OnlineRadios 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 OnlineRadios, is objectionable or which restricts or inhibits any other person from using or enjoying the OnlineRadios Service, or which may expose OnlineRadiosor 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. OnlineRadiosreserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the OnlineRadios Service, you hereby do and shall grant OnlineRadiosa 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 OnlineRadios Service. OnlineRadioshas the right, but not the obligation, to monitor the OnlineRadios Service, Content, or Your Content. You acknowledge that OnlineRadiosmay establish general practices and limits concerning use of the OnlineRadios Service, including without limitation the maximum period of time that Your Content, data or other content will be retained by the OnlineRadios Service and the maximum storage space that will be allotted on OnlineRadios's servers on your behalf. You acknowledge and agree that OnlineRadiosmay 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 OnlineRadios, its users and the public.
14. Security
You understand that the operation of the OnlineRadios 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 OnlineRadios's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the OnlineRadios Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. OnlineRadioswill 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.
14. Representations and Warranties.
You represent and warrant to OnlineRadiosthat (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 OnlineRadiosto perform its obligations) in connection with the OnlineRadios Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the OnlineRadios Service, and OnlineRadios'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.
15. Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT THE OnlineRadios Service IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OnlineRadiosMAKES NO WARRANTY THAT THE OnlineRadios Service WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO ACCESS ANY PARTICULAR PROGRAMMING, OR THAT YOUR USE OF THE OnlineRadios Service WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; NOR DOES OnlineRadiosMAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE OnlineRadios Service (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE OnlineRadios Service WILL BE CORRECTED OR THAT THE SOFTWARE OR OnlineRadios Service WILL BE COMPATIBLE WITH ANY OTHER HARDWARE OR SERVICE. OnlineRadiosSHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT THE OnlineRadios Service, THE SOFTWARE, OR OTHER HARDWARE. OnlineRadiosAND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE OnlineRadios 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, OnlineRadios'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
16. Limitations of OnlineRadios's Liability
IN NO EVENT AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL OnlineRadiosOR 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 OnlineRadios Service OR USE OF THE OnlineRadios Service THROUGH YOUR ACCOUNT BY A THIRD PARTY, EVEN IF OnlineRadiosHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL OnlineRadios'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 OnlineRadiosIN THE PRECEDING TWELVE MONTHS OR, IF GREATER, ONE HUNDRED DOLLARS ($100). YOU UNDERSTAND THAT THESE LIMITATIONS OF OnlineRadios'S AND OnlineRadios'S SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.
17.DMCA
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. OnlineRadioswill promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to OnlineRadios's Copyright Agent at [email protected] (subject line: "DMCA" Takedown Request").
Notice: To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that the relevant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, OnlineRadioswill send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at OnlineRadios's sole discretion. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, OnlineRadioshas adopted a policy of terminating, in appropriate circumstances and at OnlineRadios's sole discretion, members who are deemed to be repeat infringers. OnlineRadiosmay also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Welcome to OnlineRadios! This agreement explains the terms and conditions that apply to users ("you") of the OnlineRadios Service (described below) and constitutes a legally binding agreement between you and OnlineRadios. By accepting this Agreement or using the OnlineRadios 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 OnlineRadios Service.
1. Terms Of Service
OnlineRadiosmay at its discretion change the terms of this Agreement. Such changes shall be effective upon posting by OnlineRadios, and if you use the OnlineRadios Service after that date, your use will constitute acceptance of the revised terms and conditions. We encourage you to check www.OnlineRadios.com/policies frequently.
2. The OnlineRadios Service
The " OnlineRadios Service" consists of (a) our online guide designed to simplify finding radio programming from broadcast or streaming radio sources, (b) the website located at www.OnlineRadios.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 OnlineRadiosmay offer.
3. Changes To Your OnlineRadios Service
OnlineRadiosmay at its discretion and from time to time change, add or remove features and functionality of the OnlineRadios Service without notice. OnlineRadiosreserves the right to discontinue some or all of the features of the OnlineRadios Service at any time at its discretion (including the provision of updates). Additionally, a given OnlineRadiossubscription may support different features and functionality, and OnlineRadiosis under no obligation to provide all features and functionality with your subscription. You agree that OnlineRadiosshall not be liable to you or to any third party for any modification, suspension or discontinuance of the OnlineRadios Service.
4. OnlineRadios's Privacy Policy
A copy of OnlineRadios's Privacy Policy can be found via our web site at http://www.OnlineRadios.com/privacy-policy.html. Please read it carefully before using the OnlineRadios Service. By using the OnlineRadios Service, you agree to the terms and conditions of our Privacy Policy and affirm that you understand the options OnlineRadiosprovides to you with regard to your User Information. All such terms are hereby incorporated by reference into this Agreement.
5. Using The OnlineRadios Service
Subject to the terms and conditions of this Agreement, you may access and use the OnlineRadios Service only with an authorized subscription. The OnlineRadios Service is provided only for your personal, non-commercial use. You may not transfer the OnlineRadios Service to a third party. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the OnlineRadios Service available to any third party, in whole or in part; (b) use the OnlineRadios Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the OnlineRadios Service or its components, or (c) modify, adapt or hack the OnlineRadios Service to, or otherwise attempt to gain unauthorized access to the OnlineRadios Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices OnlineRadiosprovides you or publishes in connection with the OnlineRadios Service, and you shall promptly notify OnlineRadiosif you learn of a security breach related to the OnlineRadios Service.
6. Mobile Services
The OnlineRadios Service includes certain services that are available via a mobile device, including (i) the ability to browse the OnlineRadios Service from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the OnlineRadios Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
7. We Don't Control the Nature Of Radio
The OnlineRadios Service gives you the ability to listen to and time-shift broadcast radio programs over which OnlineRadiosexercises no editorial or programming control, and the OnlineRadios 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) OnlineRadiosdoes not guarantee the access to, recording, or viewing of any particular Third Party Content, (b) Third Party Content is not under OnlineRadios's control and OnlineRadiosis 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) OnlineRadiosis not responsible for and has no editorial control over any Third Party Content or the distribution thereof. You agree that OnlineRadioswill have no liability to you or any third party with regard to any Third Party Content.
8. 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.
9. Eligible Users
You must be at least 18 years of age to use the OnlineRadios Service. Children over the age of 13 may use the OnlineRadios 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 OnlineRadios Service.
13. 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 OnlineRadios Service ("Your Content"). You agree to not use the OnlineRadios 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 OnlineRadios, is objectionable or which restricts or inhibits any other person from using or enjoying the OnlineRadios Service, or which may expose OnlineRadiosor 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. OnlineRadiosreserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the OnlineRadios Service, you hereby do and shall grant OnlineRadiosa 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 OnlineRadios Service. OnlineRadioshas the right, but not the obligation, to monitor the OnlineRadios Service, Content, or Your Content. You acknowledge that OnlineRadiosmay establish general practices and limits concerning use of the OnlineRadios Service, including without limitation the maximum period of time that Your Content, data or other content will be retained by the OnlineRadios Service and the maximum storage space that will be allotted on OnlineRadios's servers on your behalf. You acknowledge and agree that OnlineRadiosmay 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 OnlineRadios, its users and the public.
14. Security
You understand that the operation of the OnlineRadios 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 OnlineRadios's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the OnlineRadios Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. OnlineRadioswill 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.
14. Representations and Warranties.
You represent and warrant to OnlineRadiosthat (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 OnlineRadiosto perform its obligations) in connection with the OnlineRadios Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the OnlineRadios Service, and OnlineRadios'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.
15. Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT THE OnlineRadios Service IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OnlineRadiosMAKES NO WARRANTY THAT THE OnlineRadios Service WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO ACCESS ANY PARTICULAR PROGRAMMING, OR THAT YOUR USE OF THE OnlineRadios Service WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; NOR DOES OnlineRadiosMAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE OnlineRadios Service (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE OnlineRadios Service WILL BE CORRECTED OR THAT THE SOFTWARE OR OnlineRadios Service WILL BE COMPATIBLE WITH ANY OTHER HARDWARE OR SERVICE. OnlineRadiosSHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT THE OnlineRadios Service, THE SOFTWARE, OR OTHER HARDWARE. OnlineRadiosAND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE OnlineRadios 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, OnlineRadios'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
16. Limitations of OnlineRadios's Liability
IN NO EVENT AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL OnlineRadiosOR 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 OnlineRadios Service OR USE OF THE OnlineRadios Service THROUGH YOUR ACCOUNT BY A THIRD PARTY, EVEN IF OnlineRadiosHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL OnlineRadios'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 OnlineRadiosIN THE PRECEDING TWELVE MONTHS OR, IF GREATER, ONE HUNDRED DOLLARS ($100). YOU UNDERSTAND THAT THESE LIMITATIONS OF OnlineRadios'S AND OnlineRadios'S SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.
17.DMCA
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. OnlineRadioswill promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to OnlineRadios's Copyright Agent at [email protected] (subject line: "DMCA" Takedown Request").
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that the relevant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, OnlineRadioswill send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at OnlineRadios's sole discretion. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, OnlineRadioshas adopted a policy of terminating, in appropriate circumstances and at OnlineRadios's sole discretion, members who are deemed to be repeat infringers. OnlineRadiosmay also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.