Terms of Service

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These Live365.com Terms of Use (this "Agreement") is a legal agreement between you and Live365 Broadcaster, LLC ("Live365", "we", "us" or "our") providing, among other things, the terms and conditions for your use of Live365's basic services, associated mobile applications, software and Internet services under our control, whether partial or otherwise, in connection with providing a platform for Live365's services (collectively, the "Live365 Products and Services"), including our Web site https://live365.com (the "Site").

We may from time to time modify these Terms of Use and will post a copy of the amended Agreement on this page. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using Live365’s Products and Services. You will be deemed to have accepted the Agreement, as it may be amended from time to time, if you continue to use any of the Live365 Products and Services after any amendments to such Agreement are posted on the Site.

Services

The “Service” means, collectively, (a) Live365’s audio service offering access to a selection of radio stations, music mixes and other content whether available through our Site or through any software applications made available for mobile devices (“Applications”) and (b) all software, external players, buttons and widgets, data, text, images, sounds, video, graphics and photos made available by Live365 through any of the foregoing (collectively, the “Content”). Access to this Content is via digital transmissions to an end user over the Internet where the Content may be heard or viewed, but not downloaded for later playback. You may not attempt, or support others' attempts, to download, copy, distribute, alter or capture this Content.

Trademarks

The following are licensed trademarks or trademarks of Live365: Live365, and its registered design logo, as well as certain other Live365 trademarks, service marks, graphics, and logos (collectively, the "Live365 Trademarks") used in connection with the Live365 Products and Services. The Live365 Products and Services may contain third party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Live365 Trademarks or the trademarks of any third party.

Privacy policy

Your use of the Service is subject to the Privacy Policy, which is hereby incorporated by reference into these Terms of Use and posted at https://live365.com/legal/privacy. By using the Service you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.

Parental advisory

If you are a user between the ages of 13 and 17, please review these terms of use with your parents. The Live365 Products and Services are intended for users who are at least 13 years of age or older. Because the Live365 Products and Services may provide access to music that contains explicit content including strong language or depictions of violence, sex or substance abuse, parental discretion is advised for all users ages 13 to 17. This agreement contains warranty and liability disclaimers. By using or subscribing to the Live365 Products and Services, you accept and agree to the terms and conditions of this agreement. In order for you to have access to the Live365 Products and Services, this agreement must be accepted by you without any modifications, additions, or deletions. If you do not agree to the terms of use contained in this agreement, you are not authorized to use the Live365 Products and Services.

Third parties

Live365 or its business partners may present advertisements or promotional materials on or through the Site and the Live365 Products and Services. Your dealings with, or participation in promotions of, any third party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Live365 is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

The Service may also include links to third party websites or third party services that are not owned or operated by Live365 (collectively, “Third Party Sites”). We do not endorse or represent such third parties and we are not responsible for the availability of these Third Party Sites, or any products, services and/or content contained therein. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Third Party Sites.

You may be able to link and/or post content to or from third party websites (e.g., Facebook) and the Site. You are solely responsible for any such content you post, and for any information contained therein. You are also solely responsible for complying with any applicable law, regulation and or rule of any applicable government agency and/or such third party website.

You acknowledge that Live365 neither endorses the contents of your communications or the communications of third parties on or relating to the Live365 Products and Services, nor assumes the responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

Digital Millennium Copyright Act ("DMCA")

In operating the Live365 Products and Services, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Live365 Products and Services. Live365 has in place certain legally mandated procedures regarding allegations of copyright infringement which can be found at https://live365.com/legal/dmca.

Disclaimers

Your use of this website is at your risk. The information, materials and services provided on or through this website are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Live365, nor any of its affiliates warrant the accuracy or completeness of the information, materials or services provided on or through this website. The information, materials and services provided on or through this website may be out of date, and neither Live365, nor any of its affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. No advice or information, whether oral or written, obtained from Live365 or through the Site, Live365 Products and Services will create any warranty not expressly made herein.

Limitation of liability

Live365 does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site. All Content is provided to you on an "as is" "as available" basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Live365 makes no warranty as to the accuracy, completeness, currency, or reliability of any Content available through the Live365’s Product and Services. Use of the Live365 Products and Services is at your sole risk. Live365 makes no representations or warranties that use of the Live365 Products and Services will be uninterrupted or error-free. IN NO EVENT WILL LIVE365, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE.

Indemnity

You agree to defend, indemnify and hold Live365 and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with (i) the use of the Live365 Products and Services (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights or (iv) your violation of any law, rule or regulation of the United States or any other country. You shall not sue or seek to recover any damages or other payment from Live365 and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Terms of Use and service hereunder.

Disputes

Any dispute relating in any way to your visit to the Site or to Products or Services you use through Live365 shall be submitted to confidential arbitration in Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate Live365’s intellectual property rights, Live365 may seek injunctive or other appropriate relief in any state or federal court in the state of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

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