Effective as of August, 2014
Radio Free America Digital Services, LLC ("Radio Free America" or "we") operates RadioFreeAmerica.com, a social network for Non-Commercial Radio Stations, their DJ’s, the Artists and the general public (“Site”). The Site provides users the ability to listen to audio and video performances, create personal profiles, upload original content, communicate with others in a variety of formats, and benefit from various services offered either through the Site, a mobile device, or otherwise (collectively, the "Radio Free America Digital Services"). Radio Free America Digital Services are hosted in the United States.
(a) This User Agreement ("Agreement") is a legal agreement between you and Radio Free America setting forth the terms and conditions for your use of the Radio Free America Digital Services. By using the Radio Free America Digital Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you are simply browsing the Site, including, without limitation, through a mobile or other wireless device without being registered) (“Visitor”), or whether you are a “Member” (which means that you have registered with Radio Free America)(“Member”). The term “User” refers to a Visitor or a Member (“User”).
(b) You are only authorized to use the Radio Free America Digital Services if you agree to abide by the terms and conditions set forth in this Agreement. Please read this Agreement carefully as it contains important information regarding your legal rights, remedies and obligations. If you do not agree to be bound by this Agreement and to follow all applicable laws, do not use or access (or continue to use or access) the Radio Free America Digital Services or the Site.
(c) In order to participate in certain Radio Free America Digital Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from those set forth in this Agreement. Unless otherwise provided herein, those additional terms are deemed to be incorporated into this Agreement.
(e) This Agreement and any revisions to this Agreement shall remain in force and effect while you are a User to this Site. You may terminate your registration at any time, for any reason, by following the instructions on the Account Settings page.
2. We assume no responsibility or liability for information, materials, products or services provided by Users that is unauthorized, impermissible or otherwise violates this Agreement or the legal rights of third parties. If you become aware of misuse of the Radio Free America Digital Services by any person, please click on the "Contact Radio Free America" or "Report Abuse" link at the bottom of any Site pages.
3. Radio Free America may in its sole discretion, reject or refuse to post or may remove any post (including private messages) by you or others, or deny, restrict, suspend, or terminate your access to the Radio Free America Digital Services or Site at any time, in its sole discretion, with or without explanation, reason or prior notice, and without liability.
5. Fees. You acknowledge that Radio Free America reserves the right to charge for any portion of the Radio Free America Digital Services and to change its fees (if any) from time to time in its discretion. If Radio Free America terminates your registration because you have breached the Agreement or for any other reason, you shall not be entitled to a refund of any unused portion of fees or payments (if any).
7. Personal Non-Commercial Use. Provided you are eligible to use the Site, and subject to the terms herein, you are granted a limited license to access and use the Site for your personal and noncommercial use. Any commercial use of the Radio Free America Digital Services must be authorized in writing in advance by Radio Free America, and Radio Free America may remove any unauthorized commercial content without notice. Radio Free America reserves the right to take appropriate legal action for any illegal or unauthorized use of the Radio Free America Digital Services, including without limitation the collecting of information of Users for any unauthorized purpose such as sending unsolicited email.
8. Proprietary Rights in Content on Radio Free America.
(a) Radio Free America does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, recordings, works of authorship, applications, or any other materials that you or third parties post on or through the Radio Free America Digital Services (collectively, "User Content”). All right, title and interest in and to such User Content is the property of the respective content owner and may be protected by intellectual property laws and treaties and subject to use restrictions. After posting your User Content to the Site, you continue to retain any such rights that you may have in your User Content, subject to the limited license herein. By displaying or publishing (otherwise referred to herein as "posting") any User Content on or through the Site, you hereby grant to Radio Free America a royalty free, gratis limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute, such User Content solely on and/or through the Radio Free America Digital Services, including without limitation distributing part or all of the Site in any manner and media, whether now known or hereafter devised. This limited license does not grant Radio Free America the right to sell or otherwise distribute your User Content outside of the Radio Free America Digital Services without your marked or written consent. Notwithstanding the foregoing, Radio Free America shall have no liability whatsoever for unauthorized use of the User Content by third parties. After you remove your User Content from the Site we will cease further use or distribution as soon as practicable; however, you acknowledge that Radio Free America may retain archived copies of your User Content.
(b) The license you grant to Radio Free America is non-exclusive, fully-paid and royalty-free. Therefore, you agree that Radio Free America is not and shall not be required to pay you or any third party for the use of your User Content in connection with any of the Radio Free America Digital Services or the Site. You also agree that the rights you grant to Radio Free America are sublicensable and, accordingly, that Radio Free America is able to use its affiliates, subcontractors and other partners such as content delivery networks and wireless carriers to provide the Radio Free America Digital Services worldwide.
(c) You represent and warrant that: (i) you own the User Content posted by you on or through the Radio Free America Digital Services or otherwise have the right to grant the license set forth herein; and (ii) the posting of your User Content on or through the Radio Free America Digital Services does not violate the privacy rights, publicity rights, copyrights or any other intellectual property rights, contract rights or any other rights of any person or entity and (iii) you have paid or shall pay all royalties, fees, and any other monies owed or that may become owing to any third party by reason of any User Content posted by you on or through the Radio Free America Digital Services and that (iv) Radio Free America shall not be required to pay you or any third party for the use of the User Content on the Site or in connection with the Radio Free America Digital Services.
(d) The Radio Free America Digital Services also contains content owned by Radio Free America ("Radio Free America Content"). Radio Free America owns all right, title and interest in and to such Radio Free America Content and such Radio Free America Content is protected by copyright, trademark, patent, trade secret and other laws. Radio Free America hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Radio Free America Content (excluding any software code) solely for your personal use in connection with viewing the Site and the use of the Radio Free America Digital Services as authorized hereunder.
(e) The Radio Free America Digital Services also contains content of other Members. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any such content appearing on or through the Radio Free America Digital Services.
The Radio Free America Digital Services further contains content of third party licensors that are not Users (“Third Party Licensors” and such content “Third Party Content”). Such Third Party Content is protected by copyright, trademark, and other laws and each Third Party Licensor expressly retains all rights in and to such Third Party Content. Except as expressly authorized by Radio Free America or a Third Party Licensor you may not copy, download, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Third Party content.
(g) You acknowledge and agree that Radio Free America may perform technical functions necessary to offer the Radio Free America Digital Services, including but not limited to transcoding and/or reformatting User Content to allow its use throughout the Radio Free America Digital Services and Site.
9. Restrictions on User Content and activities.
(a) Radio Free America may reject, refuse to post, or may delete, any User Content for any or no reason, including User Content that in Radio Free America’s sole discretion violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or may harm or threaten the safety of any person or entity (“Prohibited Content”). Radio Free America reserves the rights to investigate and take appropriate legal action against anyone who, in Radio Free America's sole discretion, violates this provision and/or terminate the registrations of such violators. Notwithstanding the foregoing, Radio Free America assumes no responsibility for monitoring the Radio Free America Digital Services for inappropriate or Prohibited Content or for removing any such Content. Prohibited Content may include without limitation, and by way of example only, content that promotes harm or violence, harasses or exploits others, is obscene, libelous, abusive, threatening, creates a privacy risk to another individual, is infringing, or otherwise violates the rights of any other person or entity, involves the transmission of so called junk mail or other unauthorized use of information, or involves unauthorized commercial activities.
(b) Prohibited activity includes without limitation and by way of example only, criminal or tortious activity; circumventing or modifying or assisting any third party in circumventing or modifying any security technology or software that is part of the Radio Free America Digital Services; the use of viruses, or any programs that interrupt the functionality of any computer software or hardware or otherwise interfering with the Radio Free America Digital Services or the networks or services connected to the Radio Free America Digital Services; using any information obtained from the Radio Free America Digital Services in order to harass, abuse, or harm another person or entity; using the Site for any unauthorized commercial purpose; uploading, embedding, posting, transmitting or otherwise making available any material that infringes any intellectual property or other proprietary rights of any person or entity; or otherwise using the Radio Free America Digital Services in a manner inconsistent with any and all applicable laws and regulations.
10. Protection of Intellectual Property.
When we receive proper Notification of Alleged Copyright Infringement as described below, our policy is to promptly remove or disable access to the allegedly infringing material and we may terminate the accounts of repeat infringers in accordance with the Digital Millenium Copyright Act. If you believe your work has been copied and posted on or through the Radio Free America Digital Services in a way that constitutes copyright infringement, please notify our Copyright Agent with a notification of claimed infringement which includes at least the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Radio Free America Digital Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical or electronic signature. Radio Free America's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Radio Free America, LLC., 550 Canyon Road, Santa Fe, NM 87501. Radio Free America's Copyright Agent may also be reached electronically by contacting email@example.com
11. The use of the Radio Free America Digital Services are at your own risk. To the maximum extent permitted by law, Radio Free America disclaims all warranties, express or implied, including without limitation warranties of merchantability, title and non-infringement, fitness for a particular purpose, or otherwise. Radio Free America makes no warranty or representation as to the accuracy of the material on the Site, the User Content, the Radio Free America Content or the technology associated with or used in connection with the Radio Free America Digital Services. This Site contains “links” to other web sites (“Third Party Sites”) as well as articles, graphics, information, applications, software or other content belonging to or originating from third parties (“Third Party Material”). Such Third Party Sites and Third Party Material are not investigated, monitored or checked for accuracy or for compliance with any law or regulations and Radio Free America is not responsible or liable in any manner for any such links, Third Party Sites or Third Party Materials, including without limitation the content or any payments that may be owed to others by such third parties. Furthermore, links are not intended to imply sponsorship, affiliation or endorsement.
You acknowledge and understand that Radio Free America may periodically send Users updates regarding new features or content. Radio Free America makes no warranty or representation that use of the Radio Free America Digital Services will be free from error, omission, interruption, deletion, defect, delay in operation or transmission, failure, theft or destruction. Radio Free America is not responsible for any technical problems or malfunctions in any manner connected to the Radio Free America Digital Services, including without limitation, any injury or damage to Users or to any person's computer related to or resulting from use of the Radio Free America Digital Services. Under no circumstances shall Radio Free America be responsible for any loss or damage, including personal injury or death, resulting from use of the Radio Free America Digital Services.
12. IN NO EVENT SHALL RADIO FREE AMERICA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE RADIO FREE AMERICA DIGITAL SERVICES, EVEN IF RADIO FREE AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RADIO FREE AMERICA'S ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $1.00 OR THE AMOUNT PAID, IF ANY, BY YOU TO RADIO FREE AMERICA FOR THE RADIO FREE AMERICA DIGITAL SERVICES DURING THE TERM OF YOUR REGISTRATION.
13. Downloading or using the software available in connection with the Radio Free America Services (“Software”) is at your own risk and may be subject to United States export controls. You may not download Software from the Radio Free America Digital Services or otherwise cause it to be exported or re-exported in violation of U.S. export laws.
14. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New Mexico, without regard to its conflict of law provisions. You and Radio Free America agree to submit to the exclusive jurisdiction of the courts located within the State of New Mexico to resolve any dispute arising out of the Agreement or the Radio Free America Digital Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
15. You agree to indemnify and hold Radio Free America, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Radio Free America Digital Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement, including without limitation any infringement by you of the copyright or intellectual property rights of any third party.
16. This Agreement is accepted upon your use of the Site or any of the Radio Free America Digital Services and is further affirmed by you clicking on the “agreed” button below. Your Agreement with Radio Free America will always include the terms and conditions of this Agreement at a minimum. However, your access to and use of certain Radio Free America Digital Services may require you to accept additional terms and conditions applicable to those particular services. You will be advised of those applicable terms and conditions at the time those particular services are requested. The failure of Radio Free America to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The paragraph titles in this Agreement are for convenience only and have no legal or contractual effect. Radio Free America is a trademark and service mark of Radio Free America, LLC. The Site may display third party owned trademarks and service marks and you are not granted any rights in or to the Radio Free America marks or the marks of any third party. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.