PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY:
These Terms and Conditions (the “Agreement”) set forth the legally binding terms for using the RADIOSWEB.live website (“Site”, “we”, “us”, and “our”) This Agreement only governs the content, sections and activities related to this Site and does not cover the Internet pages of any other company, unless clearly specified. This Site is offered and available only to users who are 13 years of age or older, residing anywhere in the world. If you are not yet 13 years of age, please stop using the Site immediately, or if for any reason you do not agree to all of the terms and conditions contained in this Agreement, please stop using and exit the Site immediately because use or attempt to use this Site, you certify that you are at least 13 years of age and meet any other eligibility requirements to use this Site. If you are a minor but 13 years of age or older, RADIOS WEB shall have the right to block your access to the Site and/or require you to submit proof that your parents, tutors or guardians consent to your use of the Site, that you provide personal data to the Site and for the Site to use such personal data. If you are a minor, your parents, guardians, or legal guardians have an obligation to monitor your use of this Site. If you are a minor, your parents, guardians or legal guardians expressly release RADIOS WEB from any liability for any damage that you may suffer as a result of the use that you provide to this Site. These terms and conditions for the use of the Site constitute a binding agreement between you and RADIOS WEB. In this Agreement, the term “Site” includes all Internet pages and sites within RADIOSWEB.live and any that replace them. By using this Site you freely and voluntarily accept, acknowledge and agree to be bound by the terms of this Agreement and any additional terms that govern certain products and services, which may be presented in conjunction with those products and services (“Additional Terms”). The Site may also include rules of participation (“Rules”) for certain activities and services including, without limitation, contests, sweepstakes, prize programs, membership clubs, and email. Additional Site Terms, Privacy Policy and Rules are incorporated into this Agreement by reference. In the event of a conflict between this Agreement and the Additional Terms for the activity you have chosen to participate in, the Additional Terms will control. In the event of a conflict between this Agreement and the specific Rules for the activity in which you have chosen to participate, this Agreement shall govern. This Agreement will remain in effect while you are a user of this Site and in the event that any membership, service or program is terminated, you will still be bound by the terms of this Agreement, the Privacy Policy, any Additional Terms or Rules including any indemnities, warranties and limitations of liability. The words “use” or “using” in this Agreement mean any time an individual (a “user”), directly or indirectly (whether with or without the aid of a machine or device), obtains or attempts to obtain access, interact with, use, display, view, print or copy this Site, transmit, receive or exchange information or communications with the Site, or in any way use, benefit from, take advantage of or interact with any features, services or areas of the Site Site, for any purpose. This Agreement does not cover any rights or responsibilities with respect to third party content or sites or any links that may directly affect your Internet browser or your connection to third party Internet pages or sites. This Agreement is the entire and exclusive agreement between you and us regarding the use of the Site and may not be modified. 1. Registration We may require all users to have a unique username and password to access and use certain parts or sections of the Site and also, from time to time, provide users with extra codes or passwords that are necessary for them to access certain parts or sections of the Site. Please read our Privacy Policy, which describes the information that personally identifies you (“Personal Information”) that we collect, use, disclose, manage and store. As part of the registration process for any part or section, you will choose a username and password (or we may assign you an initial password which we will give you the option to change). Your username and password is personal to you and you will not allow others to use your username and password under any circumstances. We are not responsible for any damage caused by or related to the theft, misappropriation or disclosure of your username or password or in the event that you authorize any third party to use your username or password. You agree to notify us immediately [email protected] if you know for a fact or reasonably believe that someone is using or has used or participated in an activity with your username or password without authorization or for any other reason you need to deactivate your username. and your password for security reasons. 2. Modifications We reserve the right to change the terms of this Agreement at any time, from time to time and for any reason in our sole discretion. We will let you know by means of a newsletter or a section where changes are notified on this Site and we may even send you an email so that you are aware of these changes. Once we post it on the Site, these changes will be effective immediately and your use of this Site after they become effective will mean that you agree to and will behave in accordance with those changes. You should frequently review and review the terms and conditions of this Agreement regularly so that you are aware of your rights and obligations that apply to you and so that you are aware of the terms and conditions in the agreement between you and us. 3. Wireless Services (“Wireless”) and Promotions RADIOS WEB could provide users of the Site and its VIP clients, the opportunity to register to receive special promotions, services, news, programming and information via text messages and other mobile devices. such as cell phones or to participate in SMS voting among others. Users are required to provide their consent to receive this information from RADIOS WEB, either through the registration process on the Site or through their “wireless” device. The information requested in the online registration process may require the user’s phone number or wireless email address, and specifically requires the name of the wireless company to which you subscribe. Optional information may be requested for specific promotions, such as user preferences regarding goods or services, music or artists, or other types of information that may be requested in a survey. Depending on the promotion, we may be able to collect an Internet email address or other information and subject to the Site’s Privacy Policy and this Agreement. The user who registers to receive these services through the “wireless” system of RADIOS WEB recognizes, understands and agrees that he may be billed by the “wireless” service provider for all messages sent and/or received, including any other received content. Under no circumstances will RADIOS WEB, record companies or providers be responsible for charges for any wireless email, text messages or other content incurred by a user or by a person who has access to the user’s cell phone or wireless device, their telephone number or Your email address. The user acknowledges and agrees that RADIOS WEB may, at its sole discretion and without liability to any user, terminate its offer of any specific “wireless” marketing service or all “wireless” marketing services at any time without prior notice. RADIOS WEB can provide notice of termination or changes in the services of this Site. 4. Placements Your comments, suggestions and information are important. Portions of this Site may offer you the opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photos, images, video, creative works or other information, messages, transmissions, or material to us, the Site or other users (“Placement” or “Placements”). You understand, acknowledge and agree that such Placements are the sole responsibility of the person who originates the Placement. That means that you (the user), and not this Site, are entirely responsible for the consequences of uploading, posting, emailing, transmitting or otherwise making available these Postings on the Site. Postings do not reflect the views of this Site, WEB RADIOS or providers. We have no obligation to monitor these Postings nor do we endorse, edit or screen any Postings although we reserve the right to do so, and we will not be liable for any Posting that is in violation of this Agreement. Neither the Site nor the Parent Companies shall have any liability or obligation arising out of or related to any Placement. Notwithstanding the foregoing, if we determine in our sole discretion and judgment that any Placement violates or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement , at law or in equity, to: (a) refuse to allow you to load Placements; (b) withdraw or eliminate Placements; (c) revoke your privilege to use the Site; (d) use any other technological, legal or operational resource available to us to enforce specific compliance with this Agreement including, without limitation, blocking IP addresses or disabling your registration with RADIOSWEB.live; and/or (e) disclose to government authorities upon request any Personal Information you have provided on the Site including, without limitation, name, age or date of birth, address and email address. If you or your account originates a Posting, you freely and voluntarily acknowledge and agree that: (a) you are putting the Posting in the public domain without reserving any further right or control over the Posting or its use and you specifically authorize the Site and WEB RADIOS to use such Placement in whole or in part, throughout the universe, in perpetuity, in or through any media, now known or hereafter developed, and alone or in the aggregate as part of other information, content and/or material of any nature; (b) you represent and warrant that (i) the Placement is original to you or you have all rights to the use contemplated in this Agreement, (ii) the Placement does not and will not violate or contravene in any way any of the terms of this Agreement, (iii) the Placement does not contain information that is libelous, tortious or otherwise potentially harmful, illegal, infringes or violates any copyright or other right, or contains any material the publication or sale of which would violate any federal, state, or local law or regulation, (iv) the Posting is not obscene or otherwise contrary to law, (v) the Posting will not be detrimental to the user’s health, and (vi) we are not obligated to pay or incur any sum of money to any person or entity as a result of our use or exploitation of the Placement (and you agree to indemnify and hold us harmless from all such charges, fees or costs); (c) if the Placement incorporates the name, logo, brand, service, or registered trademark, voice, likeness, or image of a person, firm, or company, you specifically represent and warrant that you have the right to place such Placement on the domain public and grant the right to WEB RADIOS to use such Placement as described above; (d) we have the right to delete, reformat and/or change your Placement in any way we deem appropriate (although you will not be responsible for any such changes); and (e) you will not be entitled to receive any consideration related to the use and/or exploitation by us or any third party of any video, Content and other Placements that you upload or upload to the Site or any ideas or concepts comprised within the same, and the delivery of any video, Content, Placement and/or any other material, is not an admission of novelty, priority or originality. You acknowledge and agree that you will not be entitled to any consideration even if you subsequently view or discover any submission, motion picture, image, photograph, film, video, or any other content that appears to incorporate any idea or concept or includes anything similar or identical to that contained in any video, Content, Posting or other material that you or anyone else submits to or through the Site. The capacity of space that each user has on the Site is limited. Some Placements may not be processed due to space availability or outgoing message limitations. You understand, acknowledge and agree that we assume no liability if any Postings are deleted, or for the inability to store, receive or send Posts in a proper manner or in any other way related to Postings. Postings are for non-commercial purposes and you may not include a Posting that promotes or attempts to promote or in any way generate profit for any commercial entity, company or activity. 5. Contests, Sweepstakes and Promotions From time to time, WEB RADIOS, or the Site’s operational service providers, their suppliers and Sponsors may have promotions on or within the Site, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have Additional Terms and/or Rules that will be posted on the Site or made available to the user and, for the purposes of each Promotion, are incorporated into and made a part of this Agreement. To participate in such contests, the user declares, guarantees and agrees that he will comply with each and every one of the instructions, bases, Additional Terms and Rules that apply to said contest(s). 6. Podcasting The Site may include podcasts consisting of certain select audio content from the Site that is provided via the Internet as a file that can be downloaded and played on a user’s computer or transferred to a portable audio device. In the event that the Site includes Podcasts these terms and conditions apply. Certain software and hardware may be required for users to download and listen to Podcasts. The WEB RADIOS Podcasts are protected by state, national and local laws and regulations, and any other applicable international laws and treaties, and all rights to the Podcasts are reserved for WEB RADIOS or the content provider respectively. The WEB RADIOS Podcasts are available for personal, non-commercial use only and for you to download, copy and/or transfer to your portable audio device or computer. You shall not, nor permit any third party, to reproduce, modify, create derivative works from, display, perform, publish, disseminate, transmit or circulate to any third party, or use any RADIOS WEB Podcast in any manner other than as expressly authorized. in this item 9. RADIOS WEB reserves the right to discontinue providing RADIOS WEB Podcasts or otherwise disable your access to or use of Podcasts, or any content on the Podcasts, at any time and for any reason. With your access and use of the Podcasts, you understand, acknowledge and accept that RADIOS WEB does not guarantee that its podcasting service will operate on all users’ computers. Please see our “Reservations and Limitations of Liability” Section for more details. 7. Links to Third Party Internet Sites The appearance, availability, and your use of Internet addresses (“URLs”) or hyperlinks referenced or included in any part of the Site or any other form of link or re- direction of your connection to, with or through the Site, does not constitute an endorsement, nor does it constitute an acceptance of any obligation, responsibility or risk on the part of the Site, RADIOS WEB, or any of its suppliers, successors in law and assigns and their respective officers, directors, employees, agents, representatives, licensors, suppliers and providers of operational services. We do not monitor, verify, endorse or have any responsibility for third party sites, their business practices (including privacy policy), or any goods or services associated with or obtained through any such Internet sites, even if the logo or identification of sponsorship of the Site, RADIOS WEB appears on the third party site as part of a joint branding or promotional agreement. We do not assume any responsibility or risk in the event that any third party site obtains or collects Personal Information from you. 8. Deactivation/Termination of Your Registration We may terminate your use of and registration to the Site, at any time and for any reason, with or without cause, without notice to you and without any subsequent liability, risk or obligation of any kind. to you or anyone else. 9. Reservations and Limitations of Liability THIS SITE, AND ALL MATERIALS, CONTENT, PRODUCTS AND PLACEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND RADIOS WEB EXPRESSLY DISCLAIMS AND DISCLAIMS ANY KIND OF WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR ANY WARRANTY OR GUARANTEE THAT THE SITE WILL BE AVAILABLE FOR YOUR USE, OR THAT ALL PRODUCTS, SECTIONS, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR THEY WILL WORK PROPERLY. WEB RADIOS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. Without limiting the foregoing, we are not responsible or liable for any malicious code, delay, inaccuracy, error or omission arising out of or related to your use of the Site. You understand, acknowledge and agree that by using the Site you assume the entire risk as to the quality, accuracy, performance, timeliness, suitability, completeness, correctness, authenticity, security and validity of any and all sections and functions of the Site including, without limitation, the Postings and Materials of the and any other content on the Site. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SITE, WEB RADIO, OR ITS RESPECTIVE SUCCESSORS IN LAW AND ASSIGNS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, SPONSORS OR SUPPLIERS, DO NOT SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER WEB RADIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding any allegation that any sole or exclusive remedy provided by this Agreement may fail or fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be that RADIOS WEB, after received written notice from you, attempt to repair, correct or replace any goods or services provided under this Agreement and which RADIOS WEB believes to have been deficient and, if the repair, correction or replacement is not reasonable and commercially practical for RADIOS WEB, any other remedy that RADIOS WEB deems reasonable at our sole discretion. You understand and acknowledge that the capacity of the Site, individually and in the aggregate for users, is limited. As a result, some messages and transmissions may not be processed on time or at all, and some sections or functions may be restricted, delayed or completely inoperable. As a result, you acknowledge and agree that RADIOS WEB assumes no responsibility, risk or liability for transmitting, processing, storing, receiving or delivering transactions or Placements or for any failure or delay associated with any Placement. You are expressly advised that you may not rely on the timeliness or performance of the Site for any transaction or Placement. 10. Indemnification You agree to indemnify, defend and hold harmless both the Site, WEB RADIOS, or their respective directors, employees, agents, licensors, representatives, sponsors, operational service providers and suppliers, from and against any claim, demand, action legal, loss, expense, damage and cost (including reasonable attorneys’ fees), arising out of or related to any breach or violation of this Agreement by you, or any posting of your Postings. RADIOS WEB reserves the right to assume, at its own cost, the exclusive defense and control of any claim and any negotiation to reach a transactional agreement, and you agree to fully cooperate with the named Companies, in the defense of any type of claim, demand, legal action and/or negotiation of any transactional agreement, if required RADIOS WEB. 11. Privacy Use of the Site is governed by the Privacy Policy, which is incorporated into and made an integral part of this Agreement by this reference. 1. Applicable Law; Miscellaneous This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures or policies to which we refer and which are incorporated into and made an integral part of by this reference, contain the entire agreement between you and us and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement may not be modified or terminated orally. If any provision of this Agreement is found to be illegal, void or unenforceable by a court of competent jurisdiction, this will not affect any remaining provisions and the Agreement will be amended to the extent necessary in accordance with the original intent to make such provision enforceable. legal, valid and enforceable. Any provisions that must survive to carry out its intent and purpose will survive termination of this Agreement. Notwithstanding the foregoing, no cause of action arising out of or related to this Agreement or your use of the Site, regardless of the form or basis of the claim, may be brought by you within a period greater than one (1) year after cause of action arises (or if there are multiple causes, from the date of the first cause of action). This Agreement and your use of the Site is governed by and shall be construed in accordance with the laws of the United States. (any provisions on conflict of law) applicable to contracts made, executed and fulfilled in USA, and, for purposes of any and all actions at law or equity, you specifically consent and freely and voluntarily accept the jurisdiction and exclusive jurisdiction of the state courts and you will not object to such jurisdiction and venue on the ground that you do not have personal jurisdiction, “forum non conveniens” or any other ground. YOU HEREBY FREELY AND VOLUNTARILY WAIVE ANY PRESENT OR FUTURE RIGHT TO A TRIAL BY JURY IN ANY CLAIM OR PROCEEDING IN ORDER TO EXERCISE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE, OR WITH RESPECT TO THE OBJECT OF THIS AGREEMENT.
