Terms of Service
1. ACCEPTANCE OF TERMS.
Distortion Radio (hereinafter, "Company") provides its services to you subject to the following Terms of Service ("TOS"). Any updates to this TOS will be posted on the Company's website, and your continued use of its services after any such update constitutes binding acceptance of such changes.
2. DESCRIPTION OF SERVICE.
The Company provides a music-oriented website that offers, among other things, commercial, entertainment-related, and communications-based content, tools, and links (collectively, the "Service"). It also offers a platform for musical artists, their agents and appointed designees to post information regarding themselves as well as submit content owned and/or created by them. Unless explicitly stated otherwise, any new features added to, or augmenting, the Service are subject to this TOS.
3. UNLAWFUL USE AND CONDUCT.
You agree that your use of the Service must comply with all applicable local, state, national and international laws, and that you will not use the Service for any illegal purpose.
Some functions of this Service may require you to register as a user ("User") by entering a unique user name ("Username") and password, and providing certain information about yourself. In registering to be a User, you represent that you are of legal age to form a binding contract, and agree to provide accurate, current, and complete information about yourself as prompted, and to maintain and promptly update the information to ensure that it remains accurate, current and complete. If you provide any information that the Company believes to be inaccurate, not current, or incomplete, or if you select a Username that the Company, in its sole discretion, finds offensive or inappropriate, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service. Membership in the Service is intended for teens and adults. Children under 13 years of age are not eligible to obtain a Username.
You agree to (a) keep your password confidential and to only log in with your Username and password, (b) ensure that you exit from your account at the end of each session, and (c) immediately notify the Company of any unauthorized use of your Username and/or password. You are fully responsible for all activities that occur under your Username. The Company will not be liable for any loss or damage arising from your failure to comply with this Section.
6. USER CONDUCT.
You understand and agree that all information, data, text, software, images, music, sounds, photographs, graphics, video, messages, goods, products, services or other materials (collectively, the "Content") are the sole responsibility of the individual or entity from which such Content originated. The Company is not responsible for any Content posted, displayed, uploaded, stored or transmitted by any User or other originator of said content. This means that you, and not the Company, are entirely responsible for all Content that you post, display, upload, store or transmit through the Service. The Company cannot guarantee the truthfulness, authenticity, quality or accuracy of said Content. Under no circumstances will the Company be liable in any way for any content, including, without limitation, for any errors or omissions in any Content, 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 Service. You acknowledge that the Company does not pre-screen Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse, change, delete or re-categorize any Content that is available via the Service. Without limiting the foregoing, the Company and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. Any decision to refuse, move, or remove content is within the sole discretion of the Company, its employees, agents and appointed designees. You agree that any improper, abusive, fraudulent, and/or illegal activity or violation of the TOS may be grounds for immediate termination of your membership. You further agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Company, or submitted to the Company.
When uploading Content, you agree to select an accurate category for your Content. In addition, you agree that you will refrain from using tags that do not pertain to the Content or that infringe upon anyone else's trademark. The Company and its designees shall have the right, at their sole discretion, to refuse any commercial Content for any reason. By using or accessing the Service, you hereby agree to refrain from the following:
- (a) uploading, posting, transmitting, or displaying materials containing obscene or pornographic content;
- (b) uploading, posting, transmitting, or displaying content that is unlawful, harmful, defamatory, threatening, abusive, harassing, tortuous, vulgar, libelous, invasive of another's privacy, hateful or otherwise offensive or objectionable. This includes, by way of example, content that promotes or condones bigotry, prejudice, racism, or hatred, as well as other content that is racially or ethnically objectionable;
- (c) uploading, posting, transmitting, or displaying content that exploits children or otherwise harms minors;
- (d) violating the rights of another individual or entity, including but not limited to intellectual property rights;
- (e) uploading, posting, transmitting, or displaying content, including tags placed on user content, that infringes on any patent, trademark, service mark, copyright, trade secret, right of publicity or other proprietary right;
- (f) uploading, posting, transmitting, displaying, or linking to material used to circumvent copyprotected devices and software, including serial or registration numbers for software programs, cracker utilities, software used for game emulation;
- (g) interfering with, or disrupting, the Service and/or the servers or networks connected to the Service;
- (h) uploading, posting, transmitting, or displaying unsolicited advertisements, promotional materials, "spam", "junk mail", "chain letters", and "pyramid schemes";
- (i) stalking or otherwise harassing another person;
- (j) impersonating any person or entity, including, but not limited to, a Company employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- (k) forging or intentionally modifying headers or other information for the purpose of disguising the origin of any Content transmitted through the Service;
- (l) uploading, posting, transmitting, or displaying any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- (m) uploading, posting, transmitting, or displaying any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- (n) violating any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- (o) promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; and/or
- (p) offering for sale or selling any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) the Company determines, in its sole discretion, is inappropriate for sale through the Service.
You understand that your Content may be transmitted over various networks and changed to conform and adapt to technical requirements.
You agree that the Company may, in its sole and absolute discretion, and without notice or liability to you or any third party, immediately terminate your Username, and remove or discard from the Service any Content associated with your Username. Grounds for such termination may include, but not be limited to, (a) extended periods of inactivity, (b) violating or acting inconsistently with the letter or spirit of this TOS, (c) discontinuance or material modification of the Service, or (d) requests by law enforcement or other government agencies. The Company may also, in its sole discretion and at any time, discontinue providing this site and/or the Service, or any part thereof, with or without notice.
8. INTELLECTUAL PROPERTY.
The Company does not claim ownership of the Content you place or otherwise make available through the Service. By submitting Content for inclusion on the Service, you grant the Company a worldwide, perpetual, royalty-free and non-exclusive license to use, reproduce, modify, adapt, publicly perform, publicly display and publish the Content solely for the purpose of providing and promoting the Service in any and all media. This license exists for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or the Company removes the Content from the Service. In addition, should you opt, while uploading content, to allow codes to be generated enabling others to link to your content and/or display it on their web pages, you agree that such content may be linked to or displayed by websites not affiliated with the Company, and you consent to such linking or display.
Except for User-contributed Content, all aspects of the Service and the www.distortionradio.com website, including but not limited to the graphics, text, audio, images, pictures, icons, movies, video, layout, and look and feel of the site is protected by copyrights, trademarks, service marks, and/or other proprietary rights under the laws of the U.S. and other countries. The website and all the content contained therein are, among other things, protected as a collective work or compilation under applicable U.S. law and other laws and treaties. By using or accessing this Service you agree to comply with all state and federal laws that protect the Company's proprietary interest in the material appearing on the Service and the website. All materials and Content from the Service may be downloaded and/or reprinted for personal use only. Except as expressly authorized by the Company, you agree not to modify, rent, distribute, lease, loan, sell or exploit for any commercial purpose any portion of the Service, use of the Service, or access to the Service, and not to create derivative works based on the Service, in whole or in part.
9. TRADEMARKS AND SERVICE MARKS.
Distortion Radio is a trademark of Distortion Radio, LLC. All rights are reserved.
10. NOTIFICATION AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR INTELLECTUAL PROPERTY INFRINGEMENT.
The TOS shall be subject to the Company's published DMCA policy, which is incorporated by reference herein and available at http://www.distortionradio.com/dmca.
Subject to the limitations specified in this Section, the Company grants you a non-exclusive, Nonassignable royalty-free license to use the Company marks solely for the purpose of providing an underlined, hypertext link from your website to any publicly accessible page on the www.distortionradio.com site (URL: http://www.distortionradio.com). You agree not to link to any page designated for registered Users unless explicitly authorized by the Company for the purpose of linking from other sites. You also agree not to publish a link to www.distortionradio.com from any page that contains content, information, or other material prohibited by Section 5 of this TOS.
By using or accessing this site or Service, you agree not to "frame" all or any portion of the site or Service unless you receive the prior written consent of the Company. Any decision to grant or deny a request to frame the site is within the sole discretion of the Company, its employees, agents and appointed designees.
By utilizing advertising services that allow you to submit or link to banner advertisements for public display on the site, you understand and agree that the Company has the right to reject any material that it feels detracts from the image of the Company, or competes with the Company's products or services, or contains content, information, or other material prohibited by Section 5 of this TOS.
14. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION OR MIS-DELIVERY OF ANY CONTENT, OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER CONTENT.
(B) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
(C) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY.
YOU UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST THE COMPANY, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR USER ID; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR USER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S USE OR ACCESS OF YOUR COMPUTER OR USER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION OR ADMINISTRATIVE PROCEEDING.
18. GOVERNING LAW.
The TOS and the relationship between you and the Company shall be exclusively governed by and construed in all respects under the laws of the State of Maryland, without giving effect to any choice-of-law or conflict-of-laws provisions. You and the Company further agree to submit to the personal jurisdiction of the state courts located in Bel Air, Maryland and the personal jurisdiction of the federal courts located within Central Maryland for any and all legal claims, suits or actions that arise in connection with this Service or from a dispute as to the interpretation or breach of the TOS.
19. WAIVER AND SEVERABILITY.
The failure of the Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any of the provisions of the TOS are held invalid, unenforceable, or void by a court or other tribunal of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
20. ENTIRE AGREEMENT.
The TOS constitutes the entire and only Agreement between you and the Company with respect to the Service, and supersedes any prior agreements, oral or written, between you and the Company. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services provided by the Company, third-party content or third-party software.
21. NO THIRD-PARTY BENEFICIARIES.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
22. NO RIGHT OF SURVIVORSHIP; NON-TRANSFERABILITY.
You agree that your Username is non-transferable and any rights to your Username or content terminate upon your death.
23. STATUTE OF LIMITATIONS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
24. SECTION TITLES.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of this TOS to the Company at the following address: http://www.distortionradio.com/contact