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TamilRadios Service Agreement
Last updated Nov 01, 2011
Welcome to TamilRadios! This agreement explains the terms and conditions that apply to users ("you") of the TamilRadios Service (described below) and constitutes a legally binding agreement between you and TamilRadios. By accepting this Agreement or using the TamilRadios Service, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions in this agreement ("Agreement"). If you do not agree with this Agreement, you must not accept this Agreement and may not use the TamilRadios Service.
1. Terms Of Service
TamilRadios may at its discretion change the terms of this Agreement. Such changes shall be effective upon posting by TamilRadios, and if you use the TamilRadios Service after that date, your use will constitute acceptance of the revised terms and conditions. We encourage you to check www.tamilradios.com/policies frequently.
2. The TamilRadios Service
The " TamilRadios Service" consists of (a) our online guide designed to simplify finding radio programming from broadcast or streaming radio sources, (b) the website located at www.tamilradios.com (the "Site"), (c) all software (including the Software, as defined below), data, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content"), (d) our downloadable applications and (e) any updates, additional features and functionality that TamilRadios may offer.
3. Changes To Your TamilRadios Service
TamilRadios may at its discretion and from time to time change, add or remove features and functionality of the TamilRadios Service without notice. TamilRadios reserves the right to discontinue some or all of the features of the TamilRadios Service at any time at its discretion (including the provision of updates). Additionally, a given TamilRadios subscription may support different features and functionality, and TamilRadios is under no obligation to provide all features and functionality with your subscription. You agree that TamilRadios shall not be liable to you or to any third party for any modification, suspension or discontinuance of the TamilRadios Service.
5. Using The TamilRadios Service
Subject to the terms and conditions of this Agreement, you may access and use the TamilRadios Service only with an authorized subscription. The TamilRadios Service is provided only for your personal, non-commercial use. You may not transfer the TamilRadios Service to a third party. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the TamilRadios Service available to any third party, in whole or in part; (b) use the TamilRadios Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the TamilRadios Service or its components, or (c) modify, adapt or hack the TamilRadios Service to, or otherwise attempt to gain unauthorized access to the TamilRadios Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices TamilRadios provides you or publishes in connection with the TamilRadios Service, and you shall promptly notify TamilRadios if you learn of a security breach related to the TamilRadios Service.
6. Mobile Services
The TamilRadios Service includes certain services that are available via a mobile device, including (i) the ability to browse the TamilRadios Service from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the TamilRadios Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
7. We Don't Control the Nature Of Radio
The TamilRadios Service gives you the ability to listen to and time-shift broadcast radio programs over which TamilRadios exercises no editorial or programming control, and the TamilRadios Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet ("Third Party Content"). You understand that (a) TamilRadios does not guarantee the access to, recording, or viewing of any particular Third Party Content, (b) Third Party Content is not under TamilRadios's control and TamilRadios is not responsible for and does not endorse such Third Party Content, (c) radio broadcasters may change Third Party Content or schedules at any time, and (d) TamilRadios is not responsible for and has no editorial control over any Third Party Content or the distribution thereof. You agree that TamilRadios will have no liability to you or any third party with regard to any Third Party Content.
8. Radio Programming Is Copyrighted
You acknowledge and agree that 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 as permitted by applicable law.
9. Eligible Users
You must be at least 18 years of age to use the TamilRadios Service. Children over the age of 13 may use the TamilRadios Service only if their parent or legal guardian accepts and agrees to the terms and conditions of this Agreement on their behalf and thereby assumes full responsibility for the child's use of the TamilRadios Service.
13. Your Content
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the TamilRadios Service ("Your Content"). You agree to not use the TamilRadios Service to post, email or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (vi) in the sole judgment of TamilRadios, is objectionable or which restricts or inhibits any other person from using or enjoying the TamilRadios Service, or which may expose TamilRadios or its users to any harm or liability of any type. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. TamilRadios reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the TamilRadios Service, you hereby do and shall grant TamilRadios a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the TamilRadios Service. TamilRadios has the right, but not the obligation, to monitor the TamilRadios Service, Content, or Your Content. You acknowledge that TamilRadios may establish general practices and limits concerning use of the TamilRadios Service, including without limitation the maximum period of time that Your Content, data or other content will be retained by the TamilRadios Service and the maximum storage space that will be allotted on TamilRadios's servers on your behalf. You acknowledge and agree that TamilRadios may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TamilRadios, its users and the public.
You understand that the operation of the TamilRadios Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to TamilRadios's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the TamilRadios Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. TamilRadios will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
14. Representations and Warranties.
You represent and warrant to TamilRadios that (i) you have full power and authority to enter into this Agreement; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow TamilRadios to perform its obligations) in connection with the TamilRadios Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the TamilRadios Service, and TamilRadios's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
15. Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT THE TAMILRADIOS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TAMILRADIOS MAKES NO WARRANTY THAT THE TAMILRADIOS SERVICE WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO ACCESS ANY PARTICULAR PROGRAMMING, OR THAT YOUR USE OF THE TAMILRADIOS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; NOR DOES TAMILRADIOS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE TAMILRADIOS SERVICE (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE TAMILRADIOS SERVICE WILL BE CORRECTED OR THAT THE SOFTWARE OR TAMILRADIOS SERVICE WILL BE COMPATIBLE WITH ANY OTHER HARDWARE OR SERVICE. TAMILRADIOS SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT THE TAMILRADIOS SERVICE, THE SOFTWARE, OR OTHER HARDWARE. TAMILRADIOS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE TAMILRADIOS SERVICE OR THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. IN THESE STATES, TAMILRADIOS'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
16. Limitations of TamilRadios's Liability
IN NO EVENT AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL TAMILRADIOS 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, PUNITIVE OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE TAMILRADIOS SERVICE OR USE OF THE TAMILRADIOS SERVICE THROUGH YOUR ACCOUNT BY A THIRD PARTY, EVEN IF TAMILRADIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL TAMILRADIOS'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO TAMILRADIOS IN THE PRECEDING TWELVE MONTHS OR, IF GREATER, ONE HUNDRED DOLLARS ($100). YOU UNDERSTAND THAT THESE LIMITATIONS OF TAMILRADIOS'S AND TAMILRADIOS'S SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. TamilRadios will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to TamilRadios's Copyright Agent at copyright@TamilRadios.com (subject line: "DMCA" Takedown Request").
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that the relevant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, TamilRadios will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at TamilRadios's sole discretion. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, TamilRadios has adopted a policy of terminating, in appropriate circumstances and at TamilRadios's sole discretion, members who are deemed to be repeat infringers. TamilRadios may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.