Please read this Agreement carefully before using our Services. The Services and all graphics, images, design and data are the property of OldTimeRadio and are proprietary, confidential, and licensed (not sold) to you under this Agreement. By listening to music on OldTimeRadio (or otherwise using any portion of the Services), you agree to, and become bound by, the terms of this Agreement. If you are unwilling to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.
Those Who Can Use Our Services.
In order to accept this Agreement and to use the Services, you must be at least 13 years of age and reside in a jurisdiction that permits you to access the Services. You hereby affirmatively represent that (a) you are at least 13 years old; (b) you have the consent of your parent(s) to access the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant OldTimeRadio the rights granted herein; and (d) you have read, understood, and agree to be bound by this Agreement. Failure to meet any one of the foregoing criteria or if you otherwise do not agree to all of the terms and conditions of this Agreement, you may not use the Services.
You agree to comply with all our posted policies while using the Services as we may update them from time to time. We reserve the right to suspend or stop providing you with access to the Services if you fail to comply with our posted policies.
Additional Terms and Conditions.
We may occasionally offer additional Services or supplements to our Services that require additional terms and conditions. We will make those additional terms and conditions available with the relevant Services. If you use those Services, the terms and conditions that apply will become part of this Agreement between you and us.
Changes in Terms.
If we revise, amend or modify this Agreement materially, we will notify you by email or through a message posted on the Services. You agree that such revised, amended or modified Agreement will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Services.
Unless otherwise specifically permitted under this Agreement, you shall not: (a) access or use the Services through an application or means not authorized by OldTimeRadio; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services; (c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Services; (d) modify, download, intercept, or create any derivative works of the Services, including any translations or localizations thereof; (e) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (g) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without OldTimeRadio's prior written consent; (h) provide your username and password used to access the Services to any third party; (i) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; (j) circumvent any technological measures employed by or on behalf of OldTimeRadio to protect the Services; (k) use any other technologies or initiate any other activities that may harm the Services, or the interests or property of OldTimeRadio or other users of the Services; or (l) aid or encourage any third party to engage in any activity that might constitute a breach of this Agreement.
Preferences for Email and Consent to Communications.
If you have registered with OldTimeRadio, we may send you communications from time to time to the email address you provided to us when you registered. Email communications may include, but are not limited to, tips and station recommendations, special offers, notice of promotions and other account-related or transactional communications.
We prefer to showcase music on our Services the way that the artist intended. That occasionally means that SOME MATERIAL ON OUR SERVICES MAY CONTAIN CONTENT WHICH YOU MAY CONSIDER INAPPROPRIATE FOR THOSE UNDER THE AGE OF 18. THIS CONTENT MAY CONTAIN LYRICS, SPEECH OR OTHER MEDIA THAT INCLUDES STRONG LANGUAGE ("EXPLICIT CONTENT"). PARENTAL DISCRETION IS ADVISED FOR ALL USERS OF THE SERVICES UNDER THE AGE OF 18.
Programming Content for Our Services.
OldTimeRadio selects the content that we display and perform on our Services using many factors including, but not limited to, licensing restrictions and content costs. OldTimeRadio reserves the right in its sole discretion to select, display, and perform content based on a number of different factors, including but not limited to licensing and contract restrictions and requirements, territorial limitations, and content cost and availability. It is our desire to provide you with the best possible listening experience and to keep your tastes in mind when we select content to display and perform. However, in order to provide the Services, we reserve the right to alter, change, modify, or terminate any services, content or application functionality at any time, with or without notice to you.
When you use the Services, we keep track of your listening activity, including the number and titles of audios to which you have listened, the songs, albums, or artists that you have rated on our 5-star rating scale and how frequently and for how long you listen to our station.
When you listen to the Services, we may present advertisements for or links to third party websites, products, and/or services ("Third Party Ads"). We are not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither OldTimeRadio nor any of its affiliates will be liable for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.
Support and Availability Features.
We provide no assurance that any specific errors or discrepancies in the Services will be corrected. OldTimeRadio may alter the availability of any feature of the Services, or impose new limitations on your use of the Services, at any time with or without notice, liability, or obligation with respect to such feature or limitation.
You agree and acknowledge that OldTimeRadio retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. OldTimeRadio, its logos, marks, service marks, and all of its designs, service marks, graphics, and logos, are the registered trademarks or trademarks of OldTimeRadio. The Services may also contain third-party trademarks, service marks, graphics, and logos.
Your Submissions and Feedback.
OldTimeRadio has a passion for excellence in music and we constantly improve the content on our Services. While our employees continually strive to develop and evaluate internally-generated ideas, we pride ourselves on paying close attention to the feedback, comments, and suggestions we receive from our listeners. By submitting any ideas, feedback and/or proposals to OldTimeRadio regarding the Services ("Feedback"), you expressly acknowledge and agree that: (a) OldTimeRadio is under no obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and (b) OldTimeRadio may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback you submit for any purpose whatsoever. To the extent any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant OldTimeRadio a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sublicensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release OldTimeRadio from any and all liability and claims that may result from or are related to the rights to the Feedback.
Disclaimers; Limitations of Liability.
YOU MAY LIVE IN A JURISDICTION THAT DOES NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE THAT LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
THE SERVICES (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED "AS IS" AND "AS AVAILABLE". ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OldTimeRadio DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OldTimeRadio MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND OldTimeRadio DISCLAIMS ANY LIABILITY RELATING THERETO. OldTimeRadio MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
OldTimeRadio'S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL OldTimeRadio BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF OldTimeRadio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
You agree to defend (at our option), hold harmless, and indemnify us from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.
Term and Termination.
This Agreement as amended from time to time remains in effect for as long as you use the Services. You may terminate your registration and delete your account (and terminate this Agreement) at any time and for any reason. We may also terminate this Agreement and your access to the Services at any time and for any reason. Upon any termination of this Agreement, the rights and licenses granted to you hereunder, including your ability to access and use the Services, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to OldTimeRadio. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement. Any provision of this Agreement that should, by its nature, survive termination of this Agreement will survive its termination.
This Agreement constitutes the complete and exclusive agreement between you and OldTimeRadio with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.