RadioTime Service Agreement
Welcome to the RadioTime Service! This agreement explains the terms and
conditions that will apply to your use of the RadioTime Service and constitutes
a legally binding agreement between you and RadioTime Inc. ("RadioTime"). By
using the RadioTime Service, you agree to all the terms and conditions in this
agreement ("Agreement").
Terms Of Service
The RadioTime Service offered and provided by RadioTime is for personal,
non-commercial use. Service is subject to the terms and conditions of this
Agreement. RadioTime may at its discretion change the terms of this Agreement.
Such changes shall be effective upon notification by RadioTime . We encourage
you to check www.radiotime.com/privacy
or call us for a copy of the current RadioTime Service agreement.
The RadioTime Service
The RadioTime Service consists of online RadioGuide™ information and
PC-based Recorder software designed to simplify finding and time-shifting radio
programming from broadcast or streaming radio sources.. The "RadioTime Service"
means these features and any additional features and functionality that
RadioTime may at its discretion and from time to time offer.
Changes To Your RadioTime Service
RadioTime may at its discretion and from time to time change, add or remove
features and functionality of the RadioTime Service or the RadioTime Recorder
without notice. RadioTime reserves the right to discontinue one, some, or all
of the features of the RadioTime Service you receive at any time at its
discretion. RadioTime may at its discretion discontinue the provision of
software updates. Additionally, a given RadioTime subscription may support
different features and functionality, and RadioTime is under no obligation to
provide all features and functionality with your subscription.
RadioTime's Privacy Policy
RadioTime respects the privacy of your User Information (as defined in
RadioTime's Privacy Policy) and will not disclose any of your User Information
except as permitted in RadioTime's Privacy Policy. A copy of RadioTime's
Privacy Policy can always be found via our web site at www.radiotime.com/privacy.
Please read it carefully before using the RadioTime Service. By using the
RadioTime Service, you agree to the terms and conditions of our Privacy Policy
and affirm that you understand the options RadioTime provides to you with
regard to your User Information. RadioTime will notify you of any substantial
and material changes to the Privacy Policy and the latest Privacy Policy can
always be accessed through our web site at www.radiotime.com/privacy.
Using The RadioTime Service
You may access and use the RadioTime Service only with a authorized
subscription and you agree not to tamper with or otherwise modify your
RadioTime Service. The RadioTime Service is provided for your personal, non-
commercial use, and may not be resold, in whole or in part. You may not
transfer the RadioTime Service to another individual.
Termination of Service
RadioTime retains the absolute right to immediately suspend or terminate your
use of the RadioTime Service, and terminate this Agreement, if you breach any
provision in this Agreement, if you misuse the RadioTime Service, and/or if you
use the RadioTime Service in such a manner as to infringe upon the intellectual
property rights of RadioTime or any third party. In addition, RadioTime
reserves the right to terminate your use of the RadioTime Service and this
Agreement for any other reason or no reason if RadioTime gives you at least 30
days advance notice of such termination.
We Don't Control the Nature Of Radio
The RadioTime Service gives you the ability to listen and record broadcast
radio programs over which RadioTime exercises no editorial or programming
control ("Third Party Content"). You understand that (a) RadioTime does not
guarantee the access to, recording, or viewing of any particular program, (b)
programming is not under RadioTime's control, (c) radio broadcaster may make
program line-up changes too quickly for RadioTime to adjust recording times and
this means shows affected by such changes will not be recorded properly or at
all, (c) RadioTime is not responsible for and has no editorial control over any
Third Party Content, and (d) RadioTime has no control over the distribution of
programs. You agree that RadioTime will have no liability to you, or anyone
else who uses your account, with regard to any Third Party Content.
Radio Programming Is Copyrighted
You also understand that the Third Party Content is the copyrighted material of
the third party that supplies it, is protected by U.S. copyright law and other
applicable laws, and may not be reproduced, used to prepare derivative works,
distributed, performed publicly or displayed publicly without the written
permission of the third party that supplied it, except to the extent allowed
under the "fair use" provisions of the U.S. copyright laws, other limitations
on exclusive copyrights in the U.S. copyright laws, or comparable provisions of
foreign laws.
Copy Protection of Radio Programming
Third Party Content may be transmitted with a variety of copy protection
mechanisms. These copy protection mechanisms are designed to protect the
copyright interests of the relevant third party. These copy protection
mechanisms may limit or prevent the ability of your RadioTime Recorder to play
the Third Party Content or to record such Third Party Content for later
listening. You understand that RadioTime does not control the decision of a
third party to institute such copy protection mechanisms. You agree that
RadioTime will have no liability to you, or anyone else who uses your account,
with regard to the failure of your RadioTime Recorder to listen or record for
later listening any Third Party Content implementing a copy protection
mechanism.
Eligible Users
You must be at least 18 years of age to assume the responsibilities of this
Agreement. Minors may use the RadioTime service only if one of their parents or
legal guardians assumes the responsibilities of this Agreement and thereby
assumes full responsibility for the minor's use of the RadioTime Service.
Using The RadioTime Service
You may access and use the RadioTime Service only with a RadioTime Recorder
that is authorized to receive the RadioTime Service and you agree not to tamper
with or otherwise modify your RadioTime Recorder. The RadioTime Service is
provided for your personal, non- commercial use, and may not be resold, in
whole or in part. Except as expressly provided in this Agreement, you may not
transfer the RadioTime Service. If your RadioTime Recorder accesses the RadioTime Service
(regardless of your payment status), you acknowledge and agree
that you are a user of the RadioTime Service and are bound by the terms of this
Agreement.
Termination Of Service
You may terminate your account, this Agreement, and your right to use the
RadioTime Service, at any time and for any reason or no reason, by contacting
RadioTime Customer. Notwithstanding
anything to the contrary in this Agreement, RadioTime retains the absolute
right to immediately suspend or terminate your account. If
you breach any provision in this Agreement, if you misuse the RadioTime
Service, and/or if you alter your RadioTime Recorder or use the RadioTime
Service in such a manner as to infringe upon the intellectual property rights
of RadioTime or any third party. In addition, RadioTime reserves the right to
terminate your account and this Agreement for any other reason or no reason if
RadioTime gives you at least 30 days advance notice of such termination.
The RadioTime Service
Your RadioTime Recorder may be eligible to receive the RadioTime Service. If
you
choose to terminate your RadioTime Service, this Agreement shall terminate
immediately upon such termination and the terms and conditions of the RadioTime
Service agreement shall apply.
Title to Software and Intellectual Property
You may need to use certain software programs to use or have full access to
certain features of the RadioTime Service. You received certain software with
the purchase of the RadioTime Recorder and other software programs may be
provided to you by RadioTime from time to time, which you are obligated to
accept. Your use of such software is subject to the terms of this Agreement.
RadioTime retains title to and ownership of all the RadioTime software and
certain intellectual property rights in the RadioTime Recorder. RadioTime also
retains ownership of all RadioTime copyrights and trademarks. In the case of
third party software delivered by RadioTime to the RadioTime Recorder, the
applicable third party retains title to and ownership of its software,
copyrights and trademarks. Any attempt to disassemble, decompile, create
derivative works of, reverse engineer, modify, sublicense, distribute or use
for other purposes either the RadioTime Recorder or software of this system is
strictly prohibited.
Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RadioTime FROM AND AGAINST
ANY AND ALL CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND
EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCLUDING, BUT NOT LIMITED TO,
CLAIMS ALLEGING NEGLIGENCE, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK
INFRINGEMENT AGAINST RadioTime OR THE RadioTime SERVICE, RELATING TO OR
ARISING OUT OF YOUR BREACH OF ANY TERM OF THIS AGREEMENT, YOUR MISUSE OF THE
RadioTime SERVICE, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF THE
RadioTime RECORDER OR RELATED SOFTWARE
Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT THE RadioTime SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. RadioTime MAKES NO WARRANTY THAT THE RadioTime
SERVICE WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO RECORD ANY PARTICULAR
PROGRAMMING, OR THAT USE OF THE RadioTime SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; NOR DOES RadioTime MAKE ANY WARRANTY AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE RadioTime
SERVICE (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE RadioTime
SERVICE WILL BE CORRECTED OR THAT THE RadioTime RECORDER OR RadioTime SERVICE
WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, RADIO
TIME DOES NOT WARRANT THAT THE RadioTime SERVICE OR THE RadioTime SERVERS
THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU (AND NOT RadioTime) ASSUME THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR OR CORRECTION. RadioTime ALSO ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR
RadioTime RECORDER, RadioTime SOFTWARE, OR OTHER HARDWARE. RadioTime AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, REGARDING THE RadioTime SERVICE OR RadioTime SOFTWARE, INCLUDING
ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitations of RadioTime's Liability
IN NO EVENT WILL RadioTime OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY LOST PROFITS, USE OF USER INFORMATION, LOSS OF DATA, BUSINESS
INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES
OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE RadioTime SERVICE OR
USE OF THE RadioTime SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE, EVEN IF
RadioTime HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL
RadioTime'S TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE RadioTime
SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF
LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO RadioTime IN THE PRECEDING TWELVE
MONTHS. YOU UNDERSTAND THAT THESE LIMITATIONS OF RadioTime'S AND RadioTime'S
SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.
Miscellaneous
This Agreement will be governed by the laws of the State of Texas as such laws
apply to agreements between Texas residents performed entirely within Texas.
The United Nations Convention on Contracts for the International Sale of Goods
does not apply to this Agreement. You and RadioTime agree to submit to the
exclusive personal jurisdiction of the courts located within the county of
Dallas, Texas. If any provision of this Agreement is invalid or unenforceable
under applicable law, such provision will be deemed modified to the extent
necessary to render such provision valid and enforceable and the other
provisions of this Agreement will remain in full force and effect. The official
text of this Agreement or notice submitted hereunder shall be in English. In
the event of any dispute concerning the construction or meaning of this
Agreement, reference shall be made only to this Agreement as written in English
and not to any translation into another language. This document represents the
entire agreement governing your use of the RadioTime Service and supersedes any
prior or contemporaneous written or oral statements by RadioTime or its
representatives or resellers. RadioTime's failure to enforce any of the terms
of this Agreement shall not constitute a waiver or relinquishment of
RadioTime's right to do so at any time. BY USING THE RadioTime SERVICE, I
REPRESENT THAT I HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT AND I AGREE TO
ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.
