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Term of Use

OnWebRadio General Terms of Use

The website http://www.OnWebRadio.com is an interactive music website with social features created and maintained by the company OnWebRadio LLC.
OnWebRadio LLC. is incorporated in Delaware.

This document (the "Agreement") is a legally binding agreement between you and OnWebRadio, a Delaware company ("OnWebRadio"), that governs your use of OnWebRadio's service as defined 5 below (the "OnWebRadio Service") available at the OnWebRadio Website (as defined in the OnWebRadio Privacy Policy). For a detailed description of the features in the OnWebRadio Service, please see the OnWebRadio Website.

Contract formation

By using the OnWebRadio Service, you confirm that you are 18 years of age or more, or that you are 13 years of age or more and that you have received your parent's or guardian's consent to enter into this Agreement, that any registration information that you submit to OnWebRadio is true, accurate and complete, that you will update such information in order to keep it current, and that you agree to the terms and conditions of this Agreement and the OnWebRadio Privacy Policy.

Changes to the Agreement and notices

OnWebRadio may make changes to this Agreement at its sole discretion. Changes will be communicated to you by OnWebRadio posting the new version of the Agreement on the OnWebRadio Website or as otherwise determined by OnWebRadio in its sole discretion and your acceptance of and / or continued use of the OnWebRadio Service after such notification of changes to this Agreement will constitute your acceptance of such changes. You may also be asked to acknowledge one more time and reaccept this Agreement following any material changes.

Grant of license

You are granted a limited, non-exclusive, revocable license to make personal non-commercial use of the OnWebRadio Service and to receive by stream the media content made available through the OnWebRadio Service and its partners. You do not have a right to transfer or sublicense your rights under this Agreement.

OnWebRadio Social Network Functionality

The OnWebRadio Service has features that allow you to make your profile publicly available, share playlists with your Facebook friends and make your playlists public by sharing a link or make it available with your Twitter account. Social functionalities are offered through third party social networking services, including Facebook and Twitter.
When you use the social functionalities of OnWebRadio, you must respect other users of the OnWebRadio Service in your interactions with them from the OnWebRadio Website and its partners. OnWebRadio reserves the right, in its absolute discretion, to disable your account if it believes that you are violating this principle. Unacceptable behavior will result in your account being terminated and you being blocked from accessing the OnWebRadio Service. Examples of unacceptable behavior include, but are not limited to:

Giving playlists offensive, abusive, defamatory, pornographic or obscene titles;
Harassing or bullying other users;
Spamming other users through the inbox, or using automated means to artificially promote content; and
Using a photo on your profile that infringes the copyright of a third party, or is offensive, abusive, defamatory, pornographic or obscene.

Restrictions of use

For the avoidance of doubt, you agree that you may not (without limitation):

Copy, reproduce, "rip", record, make available to the public or otherwise use any part of the OnWebRadio Service or its content (including but not limited to tracks, images and text) in a manner not expressly permitted under this Agreement;
Sell or attempt to sell any invite to access the OnWebRadio Service;
Provide your password to any other person or use any other person's user name and password;
Reverse-engineer, decompile, disassemble, modify or create derivative works based on the OnWebRadio Service or any part thereof;
Circumvent any technology used by OnWebRadio , its licensors, or any third party to protect content accessible through the OnWebRadio Service;
Rent or lease any part of the OnWebRadio Service;
Use the OnWebRadio Service in a way that violates the terms of this Agreement;
Circumvent any territorial restrictions applied by OnWebRadio and its partners;
Artificially increase play count or otherwise manipulate the OnWebRadio Service by using a script or other automated process;
In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the OnWebRadio Service and its content.

Advertising and use of computational resources

As consideration for your rights under this Agreement, you agree that OnWebRadio and its business partners have a right to provide promotional offers, advertising and other information to you by email or other means of communication, in relation to the OnWebRadio Service, and that (ii) OnWebRadio Service to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the OnWebRadio Service, and to facilitate the operation of the network on which the OnWebRadio Service runs. You may opt out of receiving promotional messages from OnWebRadio and its business partners at any time by changing your account settings or by hitting the "unsubscribe" link in any of your emails.

Customer support

If you have any questions concerning the OnWebRadio Service or this Agreement, please contact OnWebRadio customer service by visiting the help section.

Term and termination

This Agreement will become effective in relation to you when you start using the OnWebRadio Service and will remain effective until terminated by you or OnWebRadio . OnWebRadio reserves the right to terminate this Agreement or suspend your OnWebRadio account at any time in case of unauthorized, or suspected unauthorized use of the OnWebRadio Service whether in contravention of this Agreement or otherwise. If OnWebRadio terminates this Agreement, or suspends your OnWebRadio account for any of the reasons set out in this section, OnWebRadio shall have no liability or responsibility to you.

No warranty

THE USE OF THE OnWebRadio SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT) IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED AND LICENSED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, OnWebRadio DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE OnWebRadio SERVICE OR WARRANTY OF TITLE OR NON-INFRINGEMENT. In addition, OnWebRadio does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the OnWebRadio Service or any hyperlinked website, or featured in any banner or other advertising. Consequently OnWebRadio will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the OnWebRadio Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from OnWebRadio shall create any warranty on behalf of OnWebRadio in this regard.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OnWebRadio, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE OnWebRadio SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT), EVEN IF YOU HAVE ADVISED OnWebRadio ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.
Nothing in this Agreement removes or limits OnWebRadio's liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

Indemnity

You agree to indemnify and hold OnWebRadio and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

Intellectual property

OnWebRadio respects intellectual property rights, and expects you to do the same. The OnWebRadio Service and the content provided through the OnWebRadio Service is the property of OnWebRadio or OnWebRadio's licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the OnWebRadio Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party's intellectual property rights in using the OnWebRadio service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the OnWebRadio Service.

Technology limitations and modifications

OnWebRadio will make reasonable efforts to keep the OnWebRadio Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. OnWebRadio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the OnWebRadio Service with or without notice.

Privacy

You agree that OnWebRadio has a right to collect and process your personal information in accordance with the OnWebRadio Privacy Policy.

Assignment by OnWebRadio

OnWebRadio may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.

Entire agreement

This Agreement together with the OnWebRadio Privacy Policy (the "Agreements") constitutes all the terms and conditions agreed upon between you and OnWebRadio and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Agreements in any written or oral communication from you to OnWebRadio are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by OnWebRadio not contained in this Agreement.

Severability

Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.

Governing law and disputes

This Agreement shall be governed and construed in accordance with the laws of the State of California. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of such State.

English version prevails

In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.