If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all current or
future use of the Services (or any portion thereof).
You may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use of the
Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use any information obtained from the Services in order to harass, abuse,
or harm another person.
- Make improper use of our support services or submit false reports of
abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of
another user.
- Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making up
a part of the Services.
- Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Services, or use or launch any unauthorized script or
other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited email,
or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
5. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and materials
to us or on the Services, including but not limited to text, writings, video,
audio, photographs, graphics, comments, suggestions, or personal information
or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services
and through third-party websites. When you create or make available any Contributions, you thereby represent
and warrant that:
You and Services agree that we may access, store, process, and use any information
and personal data that you provide and your choices (including
settings).
By submitting suggestions or other feedback regarding the Services, you agree that we
can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other proprietary
rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services. You
are solely responsible for your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
7. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of
these Legal Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Services in a manner designed to
protect our rights and property and to facilitate the proper functioning of the Services.
8. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
9. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We
will not be liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time or for
any reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
10. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of the State of California. doremiradio and yourself irrevocably consent
that the courts of San Francisco County, California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with
these Legal Terms.
11. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related
to these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by
either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes expressly provided
below) informally for at least 30 days before initiating arbitration.
Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question
regarding its existence, validity, or termination, shall be referred to and finally resolved
by the International Commercial Arbitration Court under the European Arbitration Chamber
(Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a
result of referring to it, is considered as the part of this clause. The number of
arbitrators shall be 1. The seat, or legal place, or arbitration
shall be San Francisco, California. The language of the proceedings shall be English. The governing law of these Legal Terms
shall be substantive law of the State of California.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on
a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations binding arbitration: (a)
any Disputes seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
12. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior notice.
13. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES
OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS
OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
14. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any
breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any
overt harmful act toward any other user of the Services with whom you connected via the
Services. Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action,
or proceeding which is subject to this indemnification upon becoming aware of it.
16. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely responsible
for all data that you transmit or that relates to any activity you have undertaken using
the Services. You agree that we shall have no liability to you for any loss or corruption
of any such data, and you hereby waive any right of action against us arising from any
such loss or corruption of such data.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than
electronic means.
18. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Legal Terms shall
not operate as a waiver of such right or provision. These Legal Terms operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss, damage, delay,
or failure to act caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing
by the parties hereto to execute these Legal Terms.
19. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at: [email protected]
doremiradio