Effective Date: October 1, 2017
By continuing to use the Services, you agree to be bound by any revised Agreement. As used in this Agreement, “you” refers to either the natural person using the Services and any organization, entity or other natural person on whose behalf any natural person is using the Services.
1. Scope of License
Subject to the terms provided herein, Radio SoBro grants you a license to use the Services, solely for your own private, personal, non-commercial use.
2. Geographical Limits and Export Controls
The Services are controlled and operated within the United States, and are intended exclusively for use in the United States. We make no representation that the Services will be available outside the United Sates, and they may not be appropriate for use in any other location. If you access the Services from a location outside the United States where the Services have not been enabled by Radio SoBro, you are violating this Agreement and are responsible all damages that may result from such use, including U.S. export laws and regulations.
3. Acceptable and Restricted Use
Your use of the Services is expressly conditioned on your agreement to the following:
a. You may access the Services only for your personal entertainment purposes and solely as intended through the provided functionality and as permitted under this Agreement.
b. You agree not to use the Services, without Radio SoBro’s express written consent, for any commercial purpose.
c. You may not modify, download, intercept, or create any derivative works of the Services. You may not share or make available any content from the Services in any manner other than those provided by Radio SoBro.
d. You may not 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.
e. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, applications, functionality, underlying ideas, or structure or organization of the Services.
f. You may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services.
g. You may not use, display, mirror, frame or utilize framing techniques to enclose the Services or the content made available through the Services, or any portion thereof, through any other application or website.
h. You may not use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services.
i. You may not circumvent any technological measures employed by or on behalf of Radio SoBro to limit the use of the Services or to otherwise protect the Services or Radio SoBro. You may not employ any methods to make the Services available in any country or territory where Radio SoBro does not provide service.
j. You may not use any other technologies or initiate any other activities that may harm the Services, or the interests or property of Radio SoBro or other users of the Services.
k. You will not provide any false personal information to Radio SoBro and you will not create a false identity or impersonate person or entity in any way.
l. You may not harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group.
m. You will not post unauthorized commercial communications (including, but not limited to, spam).
n. You agree not to solicit, or attempt to solicit, personal information from other users.
o. You agree not to post any content that is or could be interpreted to be defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, or hateful, or that promotes discrimination, bigotry, racism, or hatred, as determined by Radio SoBro in our sole discretion. You may not post any material on the site that would in any way violate any law.
p. You may not aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.
5. Service Changes
Radio SoBro reserves the right to update or modify the Services at any time, from time to time in its sole discretion, including without limitation to increase or change the functionality of the Services or to charge or modify fees for use of any portion of the Services.
You must register with us to fully access our Services. You agree to provide us with accurate, current, and complete registration information about yourself as requested and to update the information promptly, and as necessary, to keep it current and accurate.
We allow you to register using certain social media credentials. If you choose to register using social media credentials, you agree to only use a social media account with accurate, current, and complete information, and to which you have proper access, consistent with the terms of the relevant social media service.
You shall not permit any other person to use your registration to access the Services, and you are responsible for all use of the Services under your registration information.
7. Content You Submit
The Services may allow you to post, upload, transmit, and otherwise submit comments, messages, recommendations, and other materials (“Submitted Content”) on or through discussion pages, social networking features, the Contact Us page, and other features of the Services. You acknowledge that Submitted Content may be viewed by us and by the general public. We reserve the right to screen, refuse to post, remove or edit Submitted Content at any time and for any or no reason in our sole discretion. You will not post any content that infringes on anyone’s copyrights or other intellectual property interests. Restrictions on any content that you provide are set out in 2(o) above and Section 10 below.
You retain the copyright and other ownership rights in any Submitted Content. However, by posting or otherwise providing us Submitted Content, you specifically give us a perpetual, irrevocable, worldwide, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, sublicense, modify, transmit, publicly perform, display, creative derivative works of, and adapt your Submitted Content. You also hereby waive any and all rights to seek or obtain injunctive or otherwise equitable or compensatory relief against Radio SoBro for our use or exploitation of Submitted Content, as well as any claims under “moral rights” or similar theories.
8. Use of the Services on Mobile Devices
To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply, and you acknowledge that you are solely responsible for all such fees and charges.
9. Use of the Services by Children
Our Services are not directed to users under 13 and therefore you must be 13 years of age or older to register an account to use the Services. If you become aware that a person under 13 years of age has provided us with personal information, please contact us at legal@Radio SoBro-nyc.com. If we become aware that a child under 13 has provided us with personal information through the Services, we will take steps to delete such information and terminate the child’s account.
We may display advertisements for the goods and services of third parties or other promotional materials on the Services (“Third Party Ads”). We are not responsible for any errors 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.
The Services also may include links to third party websites or services that are not owned or operated by Radio SoBro (“Third Party Sites”). We do not endorse or represent the providers of Third Party Sites and we are not responsible for the availability of these Third Party Sites, or any products, services and/or content contained therein.
Any sweepstakes, contests, games and/or promotional offers promoted or accessible through Services may be governed by specific rules and/or terms and conditions. By entering into or participating in any such sweepstakes, contests, games, or promotional offers promoted or accessible through Services, you agree to be subject to those rules and/or terms and conditions. To the extent there is any conflict between this Agreement and those rules and/or terms and conditions, the rules and/or terms and conditions for the sweepstakes, contests, games, or promotional offer will govern, but only to the extent of the conflict.
12. Copyright Infringement
In providing the Services, we may act as a “services provider” (as defined by Digital Millennium Copyright Act (“DMCA”)). Information and other content may be posted on the site and made available through the Services that have been provided by third parties. Upon proper notice, Radio SoBro will remove any content that infringes on the intellectual property rights of others, and may suspend the rights of any user that is found to have infringed on the rights of Radio SoBro or of any 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 through the Services infringes a copyright, you should notify us using the process outlined in the DMCA (17 USC § 512(c)(2)). We will 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: Creamer Productions, LLC, Attn: Kyle Creamer, 772 Bathwick Drive, Brentwood, Tn 37027.
Radio SoBro may suspend or terminate your account and your use of the Services at any time and for any or no reason at Radio SoBro’s sole discretion. Radio SoBro may terminate this Agreement as it applies to you at any time and for any or no reason. Upon your receipt of a notice of termination from Radio SoBro, you must immediately cease use of the Services. Sections 14-19 of this Agreement shall survive the termination or expiration of this Agreement for any reason.
14. Warranty Disclaimer
The Services are provided “AS-IS”. Radio SoBro and its licensors expressly disclaim any warranties with respect to the Services, including without limitation, any statutory or implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Radio SoBro does not warrant that the Services will meet your requirements, that the operation of the Services will be continuous or error-free, that the Services will operate as intended or at all under all conditions, that any defects in the Services will be corrected by licensor, or that our Services will be virus-free.
You agree that This Agreement do not entitle you to any support, upgrades, updates, add-ons, patches, enhancements or fixes for the Services. We may, but are not obligated to, provide any of the foregoing at any time, in our sole discretion.
15. Limitation of Liability and Indemnification
In no event shall Radio SoBro or its licensors be liable to you or any other entity for indirect, special, incidental, punitive, or consequential damages (including, but not limited to, damages related to lost profits, loss of data, or loss of use) in connection with this Agreement and the Services, even if Radio SoBro has been advised of the possibility of such damages or losses. Radio SoBro’s (and its licensors’) liability in connection with This Agreement and the Services shall not exceed the amount actually paid by you to Radio SoBro for the use of the Services during the prior six months.
You shall defend, indemnify, and hold harmless Radio SoBro, its affiliates, employees, officers, directors, contractors, and agents from and against any and all claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) any noncompliance by you with This Agreement; (b) your use of the Services; and (c) any third-party allegations (whether such allegations may be false, fraudulent, or groundless) regarding (a) or (b) above.
16. Governing Law
This Agreement and your acceptance thereof shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of Delaware, without giving effect to its conflicts of laws, provisions or principles. Any action, suit or other proceeding arising under or relating to this Agreement shall be brought in a court of competition jurisdiction in Tennessee nd you hereby consent to the sole jurisdiction of such courts. You agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis and you shall not participate in any class action against Radio SoBro or join or consolidate any claims that you have against Radio SoBro with the claims of any third parties. You also agree to waive the right to litigate disputes in court before a jury.
17. Consent to Electronic Communications
We may from time to time send you communications to the email address associated with your account. By registering for and using the Services, you expressly consent to the receipt of such communications from or on behalf of Radio SoBro. You may opt-out from such communications at any time.
You shall send any notices regarding disputes or other communications to Radio SoBro by certified or registered mail to the following address: Creamer Productions, LLC, Attn: Kyle Creamer, 772 Bathwick Drive, Brentwood, TN 37027. Radio SoBro may provide notices to you using any means reasonably calculated to provide you with actual notice, including email.
Please direct all inquiries to our office at 772 Bathwick Drive, Brentwood, TN 37027.