site templates free download

Terms of Use


This Terms of Use Agreement (“Agreement”) constitutes a legally binding
agreement made between you, whether personally or on behalf of an entity
(“user” or “you”) and ArtisteRadio, and its affiliated companies (collectively,
“Company” or “we” or “us” or “our”), concerning your access to and use of the
Artiste Radio Website, which connects listeners with our radio broadcasts from around
the world via alternative communication methods (e.g., Session Internet Protocol
(SIP), whether you access our services via a wireless or wired device, telephone
dial in, our website, through a browser, website widget,
player, a mobile application, or other
media forms or media channels, related or connected thereto as may be
available (the “Artiste Radio Website” or the “Service”).
You agree you will comply with any codes of conduct, policies or other notices
Company provides you or publishes in connection with the Artiste Radio Website
You agree and warrant that you will comply with all laws, rules and regulations in
connection with your use of the Artiste Radio Website, and you will not use the
Artiste Radio Website in any manner that violates such laws, rules or regulations.
Company makes no
representation that the Artiste Radio Website is appropriate or available in any
locations. The information provided on the Artiste Radio Website is not intended for
distribution to or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or which would
subject Company to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Artiste Radio Website
from any location do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under
the age of 18) must have the permission of, and be directly supervised by, their
parent or guardian to use the Artiste Radio Website. If you are a minor, you must
have your parent or guardian read and agree to this Agreement prior to you
using the Artiste Radio Service.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY
ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS
(IF APPLICABLE) OR BY USING OR CONTINUING TO USE THE ARTISTE RADIO WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO
MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE
FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE
ARTISTE RADIO WEBSITE.
COMPANY MAY AT ANYTIME CHARGE FOR ALL OR ANY PORTION OF THE
ARTISTE RADIO WEBSITE, AND MODIFY SUCH CHARGES, UPON PRIOR NOTICE.
USER REPRESENTATIONS
Regarding Content You Provide
The Artiste Radio Website may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute or broadcast content and
materials to Company and/or to or via the Artiste Radio Website, including, without
limitation, text, writings, video, audio, photographs, graphics, comments,
suggestions or personally identifiable information or other material (collectively
“Contributions”). Any Contributions you transmit via the Artiste Radio Website will
be treated as non-confidential and non-proprietary. When you create or make
available a Contribution, you thereby represent and warrant that:
• a. the creation, distribution, transmission, public display and performance,
accessing, of your Contribution does not and will
not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret or moral rights of any third
party;
• b. you are the creator and owner of or have the necessary licenses, rights,
consents, releases and permissions to use and to authorize Company and
the Artiste Radio Website users to use your Contributions as necessary to
exercise the licenses granted by you under this Agreement;
• c. you have the written consent, release, and/or permission of each and
every identifiable individual person in the Contribution to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of the Contribution in the manner contemplated by this
Artiste Radio Website;
• d. your Contribution does not contain any viruses, worms, Trojan horses,
malicious code or other harmful or destructive content;
• e. your Contribution is not obscene, lewd, lascivious, filthy, violent,
harassing or otherwise objectionable (as determined by Company),
libelous or slanderous, does not ridicule, mock, disparage, intimidate or
abuse anyone, does not advocate the violent overthrow of the
government of Any country or kingdom, does not incite, encourage or threaten
physical harm against another, does not violate any applicable law,
regulation, or rule, and does not violate the privacy or publicity rights of
any third party;
• f. your Contribution does not include any offensive comments that are
connected to race, national origin, gender, sexual preference or physical
handicap;
• g. if your employer has rights to intellectual property you create, you have
either (i) received permission from your employer to make available the
Contribution, or (ii) secured from your employer a waiver as to all rights in
or to your Contribution;
• h. your Contribution does not constitute, contain, install or attempt to
install or promote spyware, malware or other computer code, whether on
Company’s or others’ computers or equipment, designed to enable you or
others to gather information about or monitor the online or other activities
of another party;
• i. your Contribution does not inundate the Artiste Radio Service with
communications or other traffic suggesting no serious intent to use the
Artiste Radio Service for its stated purpose; and
• j. your Contribution does not otherwise violate, or link to material that
violates, any provision of this Agreement or any applicable law or
regulation.
CONTRIBUTION LICENSE
By posting Contributions to or via any part of theArtiste Radio Service, or making
them accessible to or via the Artiste Radio Service by linking your account (if
applicable) to any of your social network accounts or by other methods, you
automatically grant, and you represent and warrant that you have the right to
grant, to the Company an unrestricted, unconditional, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right
and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part) and distribute such Contributions
for any purpose, commercial, advertising, or otherwise, to prepare derivative
works of, or incorporate into other works, such Contributions, and to grant and
authorize sublicenses of the foregoing. The use and distribution may occur in any
media formats and through any media channels. Such use and distribution
license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade names and
logos, personal and commercial images you provide. By uploading your
Contributions, you hereby warrant that your Contributions are free of any digital
rights management, including any software designed to limit the number of times
the Contributions may be copied or played. Company does not assert any
ownership over your Contributions; rather, as between us and you, subject to the
rights granted to us in this Agreement, you retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions.
Company has the right, in our sole and absolute discretion, to (i) edit, redact or
otherwise change any Contributions, (ii) re-categorize any Contributions to place
them in more appropriate locations or (iii) pre-screen or delete any Contributions
that are determined to be inappropriate or otherwise in violation of this
Agreement.
ADVERTISING
Company and third party advertisers may deliver advertisements for goods and
services or other promotional materials via the Artiste Radio Service. Such
advertising may be associated with, incorporated into, or layered over your
Contributions. Unless expressly agreed otherwise, you shall have no right to
revenue generated from all such advertising.
Your dealings with, or participation in advertisements and promotions of any
third party advertisers via the Artiste Radio Service are solely between you and
such third party and your participation is subject to the terms and conditions
associated with that advertisement or promotion. Company does not endorse or
represent such third parties and by using the Artiste Radio Service, you agree that
Company 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 actions of such third
parties via the Artiste Radio Service.
The Artiste Radio Service may also present links to third party websites or third
party services not owned or operated by Company (“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 their services or content. 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 content of any such
Third Party Site or their goods or services available through any such Third Party
Sites.
SOCIAL MEDIA
We may provide you the option to connect your account (if applicable) on the
Artiste Radio Service to your account on some social networking sites (such as via
Facebook Connect) for the purpose of logging in, uploading information or
enabling certain features on the Artiste Radio Service. Once connected, other users
may also be able to see information about your social network, such as the size of
your network and your friends, including common friends. By connecting your
account on the Artiste Radio Service to your account on any social networking site,
you hereby consent to the continuous release of information about you to us. We
will not send any of your information to the connected social networking site
without first disclosing that to you. Each social network may further allow you to
set privacy controls around your information on their system, and our collection
of information will always follow such controls and permissions. This feature is
subject to continuous change and improvement by us and each social networking
site involved, and therefore the available features and shared information are
subject to change without notice to you.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback or other information about the Artiste Radio Service (“Submissions”)
provided by you to Company are non-confidential and Company (as well as any
designee of Company) shall be entitled to the unrestricted use and dissemination
of these Submissions for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Artiste Radio Service for any other purpose other
than that for which Company makes it available. The Artiste Radio Service is for the
personal use of users only and may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved
by Company. Prohibited activity includes, but is not limited to:
• a. systematic retrieval of data or other content from the Artiste Radio Service to create or compile, directly or indirectly, a collection, compilation,
database or directory without written permission from Company;
• b. retransmission of streaming content provided through the Artiste Radio Service;
• c. disguising the origin of any information or inquiry transmitted through
the Artiste Radio Service or using tools which anonymize your internet
protocol address (e.g. anonymous proxy) to access the Service;
• d. posting anyone’s identification documents or sensitive financial
information, or otherwise revealing any personal information about
another individual, including another person’s address, phone number, email
address, credit card number or any information that may be used to
track, contact or impersonate that individual;
• e. using any information obtained from the Artiste Radio Service in order to
contact, advertise to, solicit, or sell to any user without their prior explicit
consent;
• f. tricking, defrauding or misleading Company and other users, especially
in any attempt to learn sensitive information such as passwords;
• g. making improper use of Company’s support services or submitting false
reports of abuse or misconduct;
• h. engaging in any automated use of the Artiste Radio Service, such as using
scripts to add friends or send comments or messages, or using any data
mining, robots or similar data gathering and extraction tools;
• i. interfering with, disrupting, or creating an undue burden on the
Artiste Radio Service or the networks or services connected to the
Artiste Radio Service;
• j. attempting to impersonate another user or person or using the
username of another user;
• k. using the Artiste Radio Service as part of any effort to compete with
Company or to provide services as a service bureau;
• l. attempting to bypass any measures of the Artiste Radio Service designed
to prevent or restrict access to the Artiste Radio Service, or any portion of
the Artiste Radio Service;
• m. harassing, annoying, intimidating or threatening any Company
employees or agents engaged in providing any portion of the Artiste Radio Service
to you;
• n. uploading or transmitting (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 Artiste Radio Service or
modifies, impairs, disrupts, alters or interferes with the use, features,
functions, operation or maintenance of the Service;
• o. engaging in cheating or any other activity deemed by Company to be in
conflict with the spirit or intent of the Artiste Radio Service;
• p. disparaging, tarnishing, or otherwise harming, in Company’s opinion,
Company and/or the Artiste Radio Service; and
• q. using the Artiste Radio Service in a manner inconsistent with any and all
applicable laws and regulations.
PRIVACY
We care about the privacy of our users. Please review the Company Privacy
Policy which is published at www.artisteradio.com. By using the Artiste Radio Service,
you are consenting to have your personal data processed. By using the Artiste Radio Service, you are consenting to the
terms of our Privacy Policy.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Artiste Radio Service.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY
RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE ARTISTE RADIO
SERVICE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY
APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR
USE OF THE ARTISTE RADIO SERVICE AT ANY TIME, WITHOUT WARNING, IN
COMPANY’S SOLE DISCRETION.
Any provisions of this Agreement that, in order to fulfill the purposes of such
provisions, need to survive the termination or expiration of this Agreement, shall
be deemed to survive for as long as necessary to fulfill such purposes.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time to time. Any and all changes to
this Agreement will be posted on the Artiste Radio Service and revisions will be
indicated by date. You agree to be bound to any changes to this Agreement
when you use the Artiste Radio Service after any such modification becomes
effective. You agree that you will periodically check the Artiste Radio Service for
updates to this Agreement and you will read the messages we send you to
inform you of any changes. Modifications to this Agreement shall be effective
after posting. Additionally, modifications made to this Agreement applicable to
dispute resolution shall not apply to disputes arising prior to the effective date of
the modification.
To Services
Company reserves the right at any time to modify or discontinue, temporarily or
permanently, the Artiste Radio Service (or any part thereof) with or without notice.
You agree that Company shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Artiste Radio Service.


CORRECTIONS
Occasionally there may be information on the Artiste Radio Service that contains
typographical errors, inaccuracies or omissions that may relate to service
descriptions, availability, and various other information. Company
reserves the right to correct any errors, inaccuracies or omissions and to change
or update the information at any time, without prior notice.
DISCLAIMERS
Company will not be liable for the sound quality of the Artiste Radio Service or for
any malfunction in a user’s internet or telephone service. Company is not
responsible for any charges from a user’s internet provider or from a user’s
telephone service provider for outgoing call usage, or for incoming calls or
SMS/text messages in the course of a user’s use of the Artiste Radio Service.
You specifically agree and understand that the Artiste Radio Service makes
available to users radio broadcasts via telephones, the internet, mobile
applications or other media. The Artiste Radio Service does not produce such
broadcasts and is not responsible in any way for the content of such broadcasts.
Company cannot control the nature of all of the content available on the
Artiste Radio Service. By operating the Artiste Radio Service, Company does not
represent or imply that Company endorses any content available on, through, or
linked to by the Artiste Radio Service, or that Company believes content to be
accurate, useful or non-harmful. We do not control and are not responsible for
unlawful or otherwise objectionable content you may encounter on, through, or
via theArtiste Radio Service or in connection with any Contributions. Company is
not responsible for the conduct, whether online or offline, of any user of the Artiste Radio Service. Company will not be liable to you in any
manner arising from the content of any broadcasts that you access through the
Artiste Radio Service.
User acknowledges that the Artiste Radio Service relies in part on advertising sales
and agrees that by using the Artiste Radio Service, Company has the right to sell
advertising through its own efforts and through third party efforts. In addition,
Company and third party advertisers and partners may at times alert the user
via voice message or SMS regarding upcoming programming. All such alerts will
enable the user to “opt-out” of receiving future alerts.
YOU AGREE THAT YOUR USE OF THE ARTISTE RADIO SERVICE WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ARTISTE RADIO
SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
CONTENT ON ARTISTE RADIO AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
ARTISTE RADIO SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE ARTISTE RADIO SERVICE, (E)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE ARTISTE RADIO SERVICE BY ANY THIRD
PARTY, AND/OR (F) 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 TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
ARTISTE RADIO SERVICE.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH OR VIA THE ARTISTE RADIO SERVICE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
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.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS 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 DAMAGES ARISING FROM YOUR USE OF
THE ARTISTE RADIO SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED $5.
CERTAIN STATE 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.

You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates,
and their respective officers, agents, partners and employees, harmless 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
your Contributions, use of the Artiste Radio Service, and/or arising from a breach
of this Agreement and/or any breach of your representations and warranties set
forth above. Notwithstanding the foregoing, Company reserves the right, at your
expense, to assume the exclusive defense and control of any matter for which
you are required to indemnify Company, and you agree to cooperate, at your
expense, with Company’s defense of such claims. Company 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.
SWEEPSTAKES
From time to time, Company may conduct sweepstakes that entitle the winners
to prizes. Each sweepstakes has its own terms and conditions, set forth in the
official rules for that sweepstakes.
ELECTRONIC CONTRACTING
Your use of the Artiste Radio Service includes the ability to enter into agreements
and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR
ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO
BE BOUND BY SUCH AGREEMENTS. YOUR AGREEMENT AND INTENT TO BE
BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING
TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE ARTISTE RADIO
SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS,
AND APPLICATIONS. In order to access and retain your electronic records, you
may be required to have certain hardware and software, which are your sole
responsibility.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Company
regarding the use of the Artiste Radio Service. The failure of Company to exercise
or enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The section titles in this Agreement are for convenience
only and have no legal or contractual effect. This Agreement operates to the
fullest extent permissible by law. This Agreement may not be assigned by you
without our express written consent. Company may assign any or all of its rights
and obligations to others at any time. Company shall not be responsible or liable
for any loss, damage, delay or failure to act caused by any cause beyond
Company’s reasonable control. If any provision or part of a provision of this
Agreement is unlawful, void or unenforceable, that provision or part of the
provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions. Upon Company’s request,
you will furnish Company any documentation, substantiation or releases
necessary to verify your compliance with this Agreement. You agree that this
Agreement will not be construed against Company by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the
electronic form of this Agreement and the lack of signing by the parties hereto to
execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the Artiste Radio Service or to receive
further information regarding use of the Artiste Radio Service, please contact
us on the contact us page on www.artisteradio.com.
Email: info@artisteradio.com

Mailing Address

11923 NE Sunmer Street
STE 813768 Portland, Oregon,
97220 United States Of America.

Contacts

Email: info@artisteradio.com