PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLLY. By accessing or using the Website or any activities, content, products and/or services made available by Radiodramas (together with the Website, the “Services”), you are agreeing to these Terms. If you do not agree to these Terms, you may not access or otherwise use the Website.
The Terms set forth the legally binding terms and conditions governing your access to and use of the Services. By using the Services in any manner, you, just as if you had done so in writing, (i) acknowledge that you have read and understood the Terms, (ii) represent and warrant that you are at least thirteen (13) years of age or older, (iii) if applicable, you have the authority to enter into these Terms on behalf of any person or entity for whom you are accessing or using the Services, and (iv) agree to these Terms and all other rules, policies, and procedures that may be published on the Website from time to time, each of which are incorporated into these Terms and each of which may be updated without notice to you. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by reference. These Terms are binding upon any use of the Services and apply to you from the time that Radiodramas provides you with access to the Services.
We reserve the right to change the Terms at any time. Changes to the Terms will not be applied retroactively. When changes are made, we will post them on the Website and you will see the words “Last Updated” with the date of last update at the top of this page. We encourage you to review these Terms from time to time for any changes. You agree that your use of the Website after such changes will constitute your acceptance of such changes.
PROPRIETARY RIGHTS; PERMITTED USE
The Website and all material on the Website, including but not limited to audio, video, photographs, illustrations, excepts, articles, lyrics, software, etc. (“Content”) is the sole and exclusive property of Radiodramas and/or its playwrites. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Radiodramas. You hereby acknowledge and agree that, as between Radiodramas and you, all right, title, and interest in and to the Website and the Content, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Radiodramas and/or its playwrites. Use of the Website or the Content in any way not expressly permitted by the Terms is prohibited and may be actionable under United States or international law.
You agree that you are only authorized to visit, view and to retain a copy of pages of this Website for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Website for any purpose other than to review the information therein, for personal use, or to purchase products or subscriptions for your personal use, unless otherwise specifically authorized by Radiodramas to do so.
YOUR OBLIGATIONS AND RESPONSIBILITIES
- General Obligations: You must only use the Services for your own lawful internal purposes, in accordance with these Terms and any additional or amended terms and conditions posted on the Website and/or noticed to you by Radiodramas.
- Registration: If registration is required to use the Services, you must provide accurate complete information and keep your account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. You shall have the ability to delete your account, either directly or through a request made to one of our employees or affiliates.
- Access Conditions: You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You must ensure that all usernames and passwords required to access the Services are kept secure confidential. You must immediately notify Radiodramas of any unauthorized use of Your passwords or any other breach of security and Radiodramas will reset Your password.
- Prohibited Uses: As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. When accessing and using the Services, you shall not (and shall not permit any third party to) either (i) take any action or (ii) upload, download, post, submit, transmit, input, or otherwise distribute or facilitate distribution of any user content and/or information inputted by you or on your behalf into the Website (“User Content”) that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is offensive, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- constitutes an attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted;
- includes anyone’s identification documents or sensitive financial information.
- Indemnity: You agree to defend, indemnify, and hold harmless Radiodramas, its parents, subsidiaries and affiliates, and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, including your violation of the Terms, infringement by you or any third party using your account or identity in the Services of any intellectual property or other right of any person or entity, and your breach of any of these Terms or any obligation you may have to Radiodramas. We reserve the right to assume the exclusive defense control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Trademarks: The trademarks, tradenames, logos and service marks (collectively, “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Radiodramas. Unauthorized use of any Trademark appearing on the website is prohibited and may be a violation of federal and state trademark laws.
- Other Intellectual Property: Except as expressly provided herein, and without limitation of Section 5.1 above, Radiodramas and its playwrites alone retains all Intellectual Property Rights relating to the Services. “Intellectual Property Rights” mean any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
- Ownership of User Content: You shall retain all Intellectual Property Rights (if any) in your User Content. You hereby grant Radiodramas a license to use, copy, transmit, store, and back-up your information and User Content for the purposes of enabling you to access and use the Services and for any other purpose related to provision of the Services to you.
- We may make certain services or products available to users of the Website. If you choose to buy any of our services or products, you may be asked to supply certain information including credit card number or other payment information and billing address. You agree that all information you provide will be true, accurate and complete. By commencing a purchase, you warrant and represent that you are eighteen (18) years of age or older. You agree that Radiodramas is authorized to act on payment instructions received from anyone using your account and password. You will also be responsible for paying any applicable taxes relating to your purchase(s). Debit and credit card transactions may be facilitated by a third-party processor, and you agree that Radiodramas may share your information, including information about your debit or credit card account, with such third-party processor for this purpose.
- Radiodramas attempts to be as accurate as possible. However, Radiodramas does not warrant that product descriptions on the Website are accurate, complete, reliable, current, or error-free. If a product offered for sale by Radiodramas is not as described, your sole remedy is to return it in unused condition.
WARRANTIES AND ACKNOWLEDGEMENTS
- Authority: You warrant that where you have registered to use the Services on behalf of another person or entity, you have the authority to agree to these Terms on behalf of that person or entity and to bind that person or entity to perform any and all obligations that you become subject to by virtue of these Terms, without limiting your own personal obligations under these Terms.
- Acknowledgement: You acknowledge that you are also authorized to access the processed information and User Content that is made available to you through your use of the Website and the Services (whether that information and User Content is your own or that of anyone else).
- YOU ARE SOLELY RESPONSIBLE FOR DETERMINING HOW TO PARTICIPATE IN ANY Radiodramas ACTIVITIES AND SERVICES IN A SAFE, RESPONSIBLE, APPROPRIATE AND LAWFUL MANNER. YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR CONSEQUENCE THAT MAY ARISE AS A RESULT YOUR ENGAGEMENT WITH, PARTICIPATION IN THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITY OR CONSEQUENCE ARISING AS A RESULT OF ANY TRESPASS ON THE PROPERTY OF ANOTHER, BODILY INJURY OR DEATH CAUSED TO YOU OR ANOTHER, PROPERTY DAMAGE EXPERIENCED BY YOU OR ANOTHER OR ANY OTHER HARM OF ANY KIND CAUSED TO YOU OR ANOTHER. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR YOUR OWN REASONED DECISION MAKING. YOU MUST NOT RELY ON THE SERVICES IN ISOLATION FROM YOUR OWN JUDGMENT.
DISCLAIMERS AND LIMITATION OF LIABILITY
- THE WEBSITE, ALL SERVICES AND CONTENT ON THE WEBSITE, AND ANY SERVICES OR GOODS MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “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. Radiodramas MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR RELIABILITY OF THE WEBSITE, ITS SECURITY OR ANY SERVICES OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE SERVICES AND CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
- Radiodramas MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, Radiodramas DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF OR THE INABILITY TO USE THE WEBSITE, THE CONTENT, OR THE SERVICES OR GOODS MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF Radiodramas HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Radiodramas’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS AND CONDITIONS, YOUR USE OF THE WEBSITE, OR THE SERVICES OR GOODS MADE AVAILABLE THROUGH THE WEBSITE, EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO Radiodramas DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE. ANY REFERENCE TO Radiodramas IN THIS SECTION ALSO INCLUDES ITS DIRECTORS, PLAYWRITES, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS.
- No-Fault Termination: These Terms will be in effect and continue for any period you are using the Services. Radiodramas reserves the right for any or no reason to immediately:.
- Terminate your use of the Services and the Website;
- Suspend for any definite or indefinite period of time, your use of the Services and the Website;
- Suspend or terminate your access to all or any User Content;
- Take any of the actions above with respect to any or all other persons whom you have authorized to have access to your information or User Content.
- Accrued Rights: Termination of this Agreement is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will:
- remain obligated to refrain from any actions prohibited by the Terms that survive termination; and
- immediately cease to use the Services and the Website.
- If any provision of the Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Radiodramas’ failure to act with respect to any failure by you or others to comply with the Terms does not waive Radiodramas’ right to act with respect to subsequent or similar failures. The Terms set forth the entire understanding and agreement between you and Radiodramas with respect to the use of the Website.
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