Radio Shaker Terms and Conditions
Updated February 12, 2016
The following terms and conditions govern all use of the Radio Shaker website and all content, services and products available at or through the website. The website is owned and operated by Radio Shaker. The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Radio Shaker's Disclaimer, cookies and privacy, Handbook and procedures that may be published from time to time on this website by Radio Shaker (collectively, the Agreement).
Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms and conditions and disclaimer of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Radio Shaker, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 13 years old.
1. Your Radio Shaker Account and Site.
If you create an account on the website, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Radio Shaker may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Radio Shaker liability. You must immediately notify Radio Shaker of any unauthorized uses of your account or any other breaches of security. Radio Shaker will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors.
If you operate an account, comment on a radio station, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, Content), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics. By making Content available, you represent and warrant that:- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- - you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- - the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- - the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- - the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- - your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- - your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account's URL or name is not the name of a person other than yourself or company other than your own; and
- - you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Radio Shaker or otherwise.
Radio Shaker reserves the right to remove any screenshot (or content created on Radio Shaker, e.g. comments, messages, avatars, etc.) for any reason whatsoever.
Please read our Handbook for rules and guidelines on what types of content are deemed inappropriate at Radio Shaker.
Radio Shaker reserves the right to ban any member or website from using the service for any reason.
By uploading your screenshots to Radio Shaker you give Radio Shaker permission to use or distribute your screenshots on Radio Shaker.com or affiliated sites.
All screenshots uploaded are copyright © their respective owners.
If you delete Content, Radio Shaker will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Radio Shaker has the right (though not the obligation) to, in Radio Shaker's sole discretion (i) refuse or remove any content that, in Radio Shaker's reasonable opinion, violates any Radio Shaker policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in Radio Shaker's sole discretion. Radio Shaker will have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of Website Visitors
Radio Shaker has not reviewed, and cannot review, all of the material posted to the website, and cannot therefore be responsible for that materials content, use or effects. By operating the website, Radio Shaker does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Radio Shaker disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Radio Shaker links, and that link to Radio Shaker. Radio Shaker does not have any control over those non-Radio Shaker websites and webpages, and is not responsible for their contents or their use. By linking to a non-Radio Shaker website or webpage, Radio Shaker does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Radio Shaker disclaims any responsibility for any harm resulting from your use of non-Radio Shaker websites and webpages.
5. Intellectual Property.
This Agreement does not transfer from Radio Shaker to you any Radio Shaker or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Radio Shaker. Radio Shaker, the Radio Shaker logo, and all other trademarks, service marks, graphics and logos used in connection with Radio Shaker, or the website are trademarks or registered trademarks of Radio Shaker or Radio Shakers licensors. Other trademarks, service marks, graphics and logos used in connection with the may be the trademarks of other third parties. Your use of the w Shaker reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this Agreement constitutes acceptance of those changes. Radio Shaker may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
6 . Termination.
Radio Shaker may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Radio Shaker account (if you have one), you may simply discontinue using the website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties.
The Website is provided "as is". Radio Shaker and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Radio Shaker nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you down- and or upload or stream from, or otherwise obtain content or services through, the website at your own discretion and risk.
8. Limitation of Liability.
In no event will Radio Shaker, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Radio Shaker under this agreement during the twelve (12) month period prior to the cause of action. Radio Shaker shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
9. General Representation and Warranty.
You agree to indemnify and hold harmless Radio Shaker, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney's fees, arising out of your use of the website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between Radio Shaker and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Radio Shaker, or by the posting by Radio Shaker of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the website will be governed by the laws of The Netherlands.