TERMS OF SERVICE
TERMS OF SERVICE Updated August
31st, 2014
Overview
Welcome to the BIGRRADIO.COM website ("Website") produced and maintained by
Online Radio Solutions, LLC. (collectively "Company" or "we", "us", or "our").
The policies below are applicable to the Website (however accessed and/or used),
whether via personal computers, mobile devices or otherwise, and other
interactive features, applications or downloads that are operated by us that are
made available by us. In addition to the Content on the Website, the Website
provides you with various opportunities to submit content and participate in
various shopping and community services ("Services"). BY USING OUR WEBSITE AND
THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF
YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE AND
EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE
FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE AND ANY
AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU
ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES
TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. Additional terms and conditions
may apply to the purchase of products, such as shipping and return policies. By
using this Site, you agree to such terms and conditions.
1. Copyright and Ownership
All of the content featured or displayed on the Website, including without
limitation text, graphics, photographs, images, moving images, sound, and
illustrations ("Content"), is owned by Company, its licensors, vendors, agents
and/or its Content providers. All elements of the Website, including without
limitation the general design and the Content, are protected by trade dress,
copyright, moral rights, trademark and other laws relating to intellectual
property rights. The Website may only be used for the intended purpose for which
such Website is being made available. Except as may be otherwise indicated
in specific documents within the Website, you are authorized to view, play,
print and download documents, audio and video found on our Website for personal,
informational, and noncommercial purposes only. You may not modify any of the
materials and you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer or sell any
information or work contained on the Website. Except as authorized under the
copyright laws, you are responsible for obtaining permission before reusing any
copyrighted material that is available on the Website. For purposes of these
Terms of Use, the use of any such material on any other website or networked
computer environment is prohibited. You shall comply with all applicable
domestic and international laws, statutes, ordinances and regulations regarding
your use of the Website and Services. The Website, its Content and all
related rights shall remain the exclusive property of Company or its licensors
unless otherwise expressly agreed. You will not remove any copyright,
trademark or other proprietary notices from material found on these Website.
2. Trademarks
All trademarks, service marks and trade names of Company or Company's licensors
used herein (including but not limited to: the Company name, the Company
corporate logo, the Website name, design and any logos) (collectively "Marks")
are trademarks or registered trademarks of Company or its affiliates,
partners, vendors or licensors. You may not use, copy, reproduce, republish,
upload, post, transmit, distribute, or modify Company trademarks in any way,
including in advertising or publicity pertaining to distribution of materials on
the Website, without Company's prior written consent. The use of Company
trademarks on any other website or network computer environment is not allowed.
Company prohibits the use of Company trademarks as a "hot" link on or to any
other website unless establishment of such a link is approved in advance.
3. Submissions Policy
We are pleased to hear from loyal fans and welcome your comments. Where we have
specifically invited or requested submissions, we encourage you to submit
user published content or user content (e.g. postings to chatrooms,
participation in communities, videos, tips, etc.) to Company that they have
created for
consideration in connection with the Website ("User Submissions"). User
Submissions remain the intellectual property of the individual user. By posting
these
User Submissions on our Website, you expressly grant Company a non-exclusive,
perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-
licensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, transmit, perform and display such content
and your name, voice, and/or likeness as contained in your User Submission, in
whole or in part, and in any form throughout the world in any media or
technology, whether now known or hereafter discovered, including all promotion,
advertising, marketing, merchandising, publicity and any other ancillary uses
thereof, and including the unfettered right to sublicense such rights, in
perpetuity throughout the universe. Any such User Submissions are deemed non-
confidential and Company shall be under no obligation to maintain the
confidentiality of any information, in whatever form, contained in any User
Submission.
Except where Company specifically requests comments or submissions, Company does
not accept or consider creative ideas, suggestions, or materials other than
those it has specifically requested. This policy is designed to avoid
misunderstandings if projects developed by Company's professional staff seem to
others
to be similar to their own creative work. Accordingly, Company requests that
your comments relate to those services and products offered by Company, and that
you not submit any creative ideas, suggestions, or materials except where
specifically requested or solicited. If you do send us an unsolicited
submission,
you agree not to assert any ownership right of any kind in the unsolicited
submission against Company (including, but not limited to copyright, trademark,
unfair competition, moral rights, or implied contract), you hereby grant Company
a nonexclusive, perpetual, worldwide license to the unsolicited submission
in every media and for every purpose now known or hereinafter discovered and you
waive the right to receive any financial or other consideration in
connection with such unsolicited submission including, but not limited to,
credit. You release Company (and our officers, directors, agents, subsidiaries,
joint ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with your unsolicited submissions, including without limitation all claims for
theft of ideas or copyright infringement.
We do not encourage, and do not seek User Submissions that result from any
activity that: (i) may create a risk of harm, loss, physical or mental injury,
emotional distress, death, disability, disfigurement, or physical or mental
illness to you, to any other person, or to any animal; (ii) may create a risk of
any other loss or damage to any person or property; or (iii) may constitute a
crime or tort. You agree that you have not and will not engage in any of the
foregoing activities in connection with producing your submission. Without
limiting the foregoing, you agree that in conjunction with your submission, you
will not inflict emotional distress on other people, will not humiliate other
people (publicly or otherwise), will not assault or threaten other people, will
not enter onto private property without permission, and will not otherwise
engage in any activity that may result in injury, death, property damage, and/or
liability of any kind. Company will reject any submissions in which Company
believes, in its sole discretion, that any such activities have occurred. If
notified by a user of a submission that allegedly violates any provision of
these Terms of Use, Company reserves the right to determine, in its sole
discretion, if such a violation has occurred, and to remove any such submission
from the Website.
4. Premium Accounts
All "Premium" users are subject to certain additional terms and conditions
posted on the Website. All Premium users of the Website may only access 2
streams
at one time from a maximum of 2 devices at a time.
More than 2 simultaneous stream connections from a single Premium account is
prohibited.
If we identify that more than two connections are active simultaneously
from your Premium account we reserve the right to terminate the extra stream
session (s).
Continued attempts to access more than two streams simultaneously from more than
two devices at the same time may result in temporarily or permanently
restricted Premium streaming access.
This means we highly suggest to NOT share URL's from a Premium Account
nor Share Your Premium Account Information with another person.
5. Accuracy of Information
We attempt to ensure that information on this Website is complete, accurate and
cur spite our efforts, the information on this Website may
occasionally be inaccurate, incomplete or out of date. We make no representation
as to the completeness, accuracy or currency of any information on this
Website.
6. Third Party Links
From time to time, this Website may contain links to websites that are not
owned, operated or controlled by Company or its affiliates. All such links are
provided solely as a convenience to you. If you use these links, you will leave
this Website. Neither we nor any of our respective affiliates are responsible
for any content, materials or other information located on or accessible from
any other website. Neither we nor any of our respective affiliates endorse,
guarantee, or make any representations or warranties regarding any other
websites, or any content, materials or other information located or accessible
from
any other websites, or the results that you may obtain from using any other
websites. If you decide to access any other websites linked to or from this
Website, you do so entirely at your own risk.
7. Inappropriate Material
You are prohibited from posting or sending any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material or any material
that
could constitute or encourage conduct that would be considered a criminal
offense or give rise to civil liability, or otherwise violate any law. Such
violations may subject the sender and his or her agents to civil and criminal
penalties. You further understand and agree that sending unsolicited email
advertisements to any user of the Website or the Website or through Voice
computer systems is expressly prohibited by these Terms of Use. Any such
unauthorized use of our computer systems is a violation of these Terms of Use
and applicable "anti-spam" laws. In addition to any remedies that we may have
at law or in equity, if we determine, in our sole discretion, that you have
violated or are likely to violate the foregoing prohibitions, we may take any
action we deem necessary to cure or prevent the violation, including without
limitation, the immediate removal of the related materials from this Website. We
will fully cooperate with any law enforcement authorities or court order or
subpoena requesting or directing us to disclose the identity of anyone posting
such materials.
8. Account Registration and Security
You understand that under certain circumstances you may need to create an
account to have access to all of the parts of the Website. In consideration of
your
use of the Website, you will: (a) provide true, accurate, current and complete
information about yourself and your business as prompted by the Website's
registration form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or Company has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, Company has
the right to suspend or terminate your account and refuse any and all current
or future use of the Website (or any portion thereof). You are entirely
responsible for the security and confidentiality of your password and account.
Furthermore, you are entirely responsible for any and all activities that occur
under your account. You agree to immediately notify us of any unauthorized
use of your account or any other breach of security of which you become aware.
You are responsible for taking precautions and providing security measures
best suited for your situation and intended use of the Services and Website. We
have the right to provide user billing, account, Content or use records, and
related information under certain circumstances (such as in response to legal
responsibility, lawful process, orders, subpoenas, or warrants, or to protect
our rights, customers or business). Please note that anyone able to provide your
personally identifiable information will be able to access your account so
you should take reasonable steps to protect this information.
9. Fees
For all charges for any products and services that you agree to buy from the
Website, Company’s Third Party Agent (see section below) Net Radio Holdings,
Inc. will
bill your credit card or alternative payment method offered by Company. The
Company and Net Radio Holdings, Inc. will be clear what your charges will be so
you will
know when you purchase something and how much it will be. In the event legal
action is necessary to collect on balances due, you agree to reimburse Company
for all expenses incurred to recover sums due, including attorneys' fees and
other legal expenses. You are responsible for purchase of, and payment of
charges for, all Internet access services and telecommunications services needed
for use of this Website.
10. Third Party Agents
We have third party agents, subsidiaries, affiliates and partners, including Net
Radio Holdings, Inc., that perform functions on our behalf, such as hosting,
billing, marketing, analytics, providing customer service, fraud protection,
etc. These entities may have access to your Registration Data to perform their
functions and are contractually obligated to maintain the confidentiality and
security of that Registration Data. If necessary, you will cooperate these
third party agents, subsidiaries, affiliates and partners so that they may
perform their functions.
11. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated
means to access the Website for any purpose without our express written
permission. Additionally, you agree that you will not: (i) take any action that
imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (ii) interfere or attempt
to interfere with the proper working of the site or any activities conducted
on the Website; or (iii) bypass any measures we may use to prevent or restrict
access to the Website.
12. Force Majeure
Neither Company nor you shall be responsible for damages or for delays or
failures in performance resulting from acts or occurrences beyond their
reasonable
control, including, without limitation: fire, lightning, explosion, power surge
or failure, water, acts of God, war, revolution, civil commotion or acts of
civil or military authorities or public enemies: any law, order, regulation,
ordinance, or requirement of any government or legal body or any representative
of any such government or legal body; or labor unrest, including without
limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw
materials, transportation facilities, fuel or energy shortages, or acts or
omissions of other common carriers.
13. Disclaimers
YOUR USE OF THIS WEBSITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND
SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY
WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER
COMPANY, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE
INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE
INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE
OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES MAKES ANY
COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR
SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE
EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR
THROUGH COMPANY WEBSITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY
TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS
AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE
HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES
LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT
OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE,
PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES,
OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS"
IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE
FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED
BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR
THROUGH COMPANY WEBSITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
14. Limitations of Liability
Company does not assume any responsibility, or will be liable, for any damages
to, or any viruses that may infect your computer, telecommunication equipment,
or other property caused by or arising from your access to, use of, or browsing
this Website, or your downloading of any information or materials from this
Website. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY
INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE
TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE,
INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO
THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR
ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF
ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS
TO CEASE USING THIS WEBSITE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF
TWENTY FIVE DOLLARS (US $25.00).
15. Indemnity
You agree to defend, indemnify and hold Company and any affiliated company or
individual harmless from any and all liabilities, costs, and expenses,
including reasonable attorneys' fees, related to or in connection with (i) the
use of the Website or the Internet or your placement or transmission of any
message or information on this Website by you or your authorized users; (ii)
your violation of any term of this Agreement, including without limitation, your
breach of any of the representations and warranties above; (iii) your violation
of any third party right, including without limitation any right of privacy,
publicity rights or Intellectual Property Rights; (iv) your violation of any
law, rule or regulation of the United States or any other country; or (v) any
other party's access and use of the Website with your unique username, password
or other appropriate security code.
16. Release
In the event that you have a dispute with one or more other users of the
Website, you release Company (and our officers, directors, agents, subsidiaries,
joint ventures and employees) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected
with such disputes.
17. Termination
You or we may suspend or terminate your account or your use of this Website at
any time, for any reason or for no reason. We may also block your access to
our Website in the event that (a) you breach these Terms of Use; (b) we are
unable to verify or authenticate any information you provide to us; or (c) we
believe that your actions may cause financial loss or legal liability for you,
our users or us.
18. General
Any claim relating to, and the use of, this Website and the materials contained
herein is governed by the laws of the state of New York. You consent to the
exclusive jurisdiction of the state and federal courts located in New York. A
printed version of these Terms of Use will be admissible in judicial and
administrative proceedings based upon or relating to these Terms of Use to the
same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
We do not guarantee continuous, uninterrupted or secure access to our Website or
Services, and operation of the Website may be interfered with by numerous
factors outside of our control. If any provision of these Terms of Use is held
to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. You agree that these Terms of Use and
all incorporated agreements may be automatically assigned by Company in our
sole discretion. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our failure
to act with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. These Terms of Use set forth
the entire understanding and agreement between us with respect to the subject
matter hereof. 11 (Access and Interference), 14 (Limitations of Liability), 15
(Indemnity) and 16 (Release), shall survive any termination or expiration of
this Agreement.
19. Digital Millennium Copyright Act ("DMCA")
In operating the Website, we may act as a "services provider" (as defined by
DMCA) and offer services as online provider of materials and links to third
party websites. As a result, third party materials that we do not own or control
may be transmitted, stored, accessed or otherwise made available using the
Website. Company has in place certain legally mandated procedures regarding
allegations of copyright infringement occurring on the Website. Company has
adopted a policy that provides for the immediate removal of any content or the
suspension of any user that is found to have infringed on the rights of
Company or of a third party, or that has otherwise violated any intellectual
property laws or regulations, or any of the terms and conditions of this
Agreement. If you believe any material available via the Website infringes a
copyright, you should notify us using the notice procedure for claimed
infringement under the DMCA (17 USC § 512(c)(2)). We will respond expeditiously
to remove or disable access to the material claimed to be infringing and will
follow the procedures specified in the DMCA to resolve the claim between the
notifying party and the alleged infringer who provided the Content. Our
designated agent (i.e., proper party for notice) to whom you should address
infringement notices under the DMCA is:
abuse@BIGRRADIO.COM
Online Radio Solutions, LLC.
PO BOX 14652, MILL CREEK, WA 98082, USA
Please provide the following information:
Identify the copyrighted work or other intellectual property that you claim has
been infringed;
Identify the material on the Website that you claim is infringing, with enough
detail so that we may locate it on the Website;
A statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above
information in your notice is accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general
notice on any of our websites, electronic mail to a user's e-mail address in
our records, or by written communication sent by first-class mail to a user's
physical address in our records. If you receive such an infringement notice,
you may provide counter-notification in writing to the designated agent that
includes the information below. To be effective, the counter-notification must
be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been
disabled, and the location at which the material appeared before it was
removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith
belief that the material was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you
consent to the jurisdiction of a Federal District Court for the judicial
district
in which your physical address is located, or if your physical address is
outside of the United States, for any judicial district in which we may be
found,
and that you will accept service of process from the person who provided
notification of allegedly infringing material or an agent of such person.
20. Entire Agreement
These terms and conditions are the entire agreement between the user and Company
and supersedes any prior understandings or agreements (written or oral).
21. Additional Assistance
If you do not understand any of the foregoing Terms or if you have any questions
or comments, we invite you to contact us by email at policies@BIGRRADIO.COM.
22. Copyright Notice
All Site design, graphics, text selections, arrangements, and all software are
copyright 2014 Online Radio Solutions, LLC. All rights reserved.