TERMS OF SERVICE
TERMS OF SERVICE AGREEMENT:
By accessing the Audio Stream as either a listener or Show Host, or viewing www.DEMONSEEDRADIONETWORK.com (hereinafter also referred to as “Website”), and You (hereinafter also referred to as “Member” or “Host”) will be deemed to have read and agreed to the following TERMS OF SERVICE AGREEMENT comprising twenty-one (21) numbered sections. These Terms and Conditions of usage constitute a binding agreement between You and DEMON SEED ENTERTAINMENT (hereinafter also referred to as “Company”), as hereinafter defined and set forth the terms and conditions associated with a limited license granted to You to access our content databases and receive other benefits accorded viewers in good standing. Accordingly, You should thoroughly read and understand the following twenty-one (21) sections of Terms and Conditions which will become a contract between You and Company upon accessing Website Services for usage.
1. PARTIES TO THIS AGREEMENT AND CONSIDERATION.
The parties to this Usage Agreement (the “Agreement”) are You, the User, and Company. This website is operated jointly by Company, an authorized licensee and owner of which has authority to sell membership interests to this website. The term “Company” herein shall mean the party offering You the access to this website as reflected both on the Listen Now page (where You access the audio stream) and the confirming email to you following your newsletter join. As used in this Agreement, the terms “we,” and “us” are used interchangeably to refer to the Company, the Website, and any successor in interest to or licensee of Company in the ownership or operation of the Website; the term “You” and “Your” is used to refer to You, the user and/or Host.
1.1. You agree that this Agreement is subject to change by the Company at any time and changes shall become effective immediately with additional information about the changes posted at or via hyperlink to the Website here. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
1.2. You agree that any action on Your part to Bookmark to a page on this Website whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Membership Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgment by You of the fact that You are an adult and at least 18 years of age or an adult of the age of majority under the laws of Your state, province or country.
2. SEXUALLY EXPLICIT MATERIAL.
2.1. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE ALL THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY LAW OF ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITE.
2.2. YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, WHICH MAY INCLUDE, WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND/OR TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY.
3. ACCESS AUTHORIZED TO ADULTS ONLY.
3.1. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21)IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR THROUGH THE WEBSITE. ANY ACCESS TO THE WEBSITE OR ANY OF ITS MATERIALS BY A MINOR SHALL CONSTITUTE UNAUTHORIZED ACCESS TO STORED COMMUNICATIONS PROHIBITED BY THE STORED COMMUNICATIONS ACT, 18 U.S.C. SECTIONS 2510-2520 AND VIOLATIONS OF OTHER LAWS.
3.2. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
4. COPYRIGHT RIGHTS (BOTH DEMON SEED RADIO AND NETWORK WEBSITE DESIGN AND FUNCTION)
4.1. We own or license all copyright rights in the text, images, photographs, video, audio, graphics, user interface, and other content provided on the Services, and the selection, coordination, and arrangement of such content (whether by us or by you), to the full extent provided under the copyright laws of the United States and other countries. Except as expressly provided in this Agreement, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Services for any purposes, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
4.2. You may use the Services and the contents contained in the Services solely for your own individual non-commercial and informational purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Services, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent.
5. TRADE AND SERVICE MARK RIGHTS: (LIVE AND PRE-RECORDED NETWORK PROGRAMS)
5.1. We (or our affiliates) and our INDIVIDUALLY HOSTED LIVE AND PRE-RECORDED PROGRAMS (hereinafter also referred to as “Hosts“), own all rights in their product names, company names, trade names, logos, product packaging and designs (“Trademarks”) of the HOSTS, and third parties own all Trademarks in their respective products or services, whether or not appearing in large print or with the trademark symbol. Unauthorized use of any such Trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of the United States and other countries. You are expressly prohibited from using or misusing any Trademarks, except as expressly provided in this Agreement, and nothing otherwise stated or implied in the Services confers on you any license or right to do so.
5.2. HOSTS retain the content rights and re-broadcast rights to their individual programs, in reference to all content created and distributed prior to, during, and post the BROADCAST AGREEMENT entered with the COMPANY to air on THE DEMON SEED RADIO NETWORK.
5.3. HOSTS grant the COMPANY full usage of all product names, company names, trade names, logos, product packaging and designs (“Trademarks”) for usage for all marketing, promotional and other NETWORK RELATED USAGES in either print/audio/video/digital formats in conjunction with Advertising efforts, Sponsorships, Events, and various other uses.
5.4. Should a HOST decide to end the BROADCAST AGREEMENT with COMPANY we continue to maintain the REPLAY RIGHTS for their product names, company names, trade names, logos, product packaging and designs (“Trademarks”) with the ability to rebroadcast the programs, that have already previously aired on the NETWORK, in time slots determined by COMPANY as needed, or in a “BEST OF” capacity for broadcast, promotional,marketing purposes.
6. MODIFICATION OF THIS AGREEMENT
We reserve the right to amend this Agreement at any time by posting an updated version. You should therefore periodically visit this page to review the then-current Agreement. Your use of the Services after our posting of amendments to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Services.
7. ACCESS TO THE SERVICE
In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and must pay any service fees associated with such access. Not all of the features available through the Services, including certain live streaming audio, video or access to high-quality video, will be available to you unless your computer or mobile device satisfies the minimum technical requirements that are presented when you first register for the Services. As we make changes to the Services, the minimum technical requirements for access to the Services may change. You are responsible for determining whether your computer or device satisfies the minimum technical requirements before you register to access the Services. Moreover, if we change the minimum technical requirements after you initially register to access the Services such that your computer or device no longer satisfies the requirements, your exclusive remedy will be to terminate your access to the Service.
8. GRANT OF LIMITED LICENSE WITH RESERVATIONS.
8.1. In consideration of the usage of our services, together with certain representations and agreements made by You under the terms and conditions of this Agreement, and subject to the terms and conditions set forth in this Agreement, the Company hereby grants You a limited, nonexclusive and nontransferable license to view/listen to the materials contained in the Website (hereafter “Materials”) solely for Your personal non-commercial use, no unauthorized reproductions in either audio/video/photgraph or text formats are allowed without the express written consent of COMPANY
8.2. You acknowledge and agree that all Materials contained at the Website are proprietary and constitute valuable intellectual property owned by the Company or others who have licensed use of such Materials to the Company. You acknowledge and agree that as such You may access, view, download, receive and otherwise use the Materials available at the Website only as specifically authorized by the Company and in accordance with the terms and conditions of Your usage. You further acknowledge that the Company specifically prohibits You from doing any of the following acts, modifying, translating, reverse engineering, decompiling, disassembling the Materials or any feature or functionality of the Website (except to the extent applicable laws specifically prohibit such restriction); (c) making copies or creating derivative works based on the Materials of any kind, except as provided herein; (d) renting, leasing, or transferring any rights in the Materials; (e) removing any proprietary notices or labels on the Materials; and, (f) making any other use of the Materials not expressly permitted herein.
8.3. You further represent and warrant to the Company that Your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available at the Website in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use Materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use (see PROHIBITED AREAS below)
8.4. You hereby acknowledge that You understand that the Company (and all persons affiliated therewith) does not authorize and strictly prohibits the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Materials contained on the Website to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS.
8.5. You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of Materials from the Website, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of Materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of the Company’s and potentially others’ intellectual property rights and other rights in such Materials and shall further constitute a violation of Company’s trademark and other rights, including, but not limited to, rights of privacy. Further any access to Materials or any part of the Website from PROHIBITED AREAS shall constitute access to stored communications in excess of authority granted to do so and violates Company’s intellectual property rights and may violate 18 U.S.C. Sections 2510-2520 and other civil and criminal laws.
9. PROHIBITED AREAS.
All of the following areas constitute PROHIBITED AREAS from which no part of the Website may be accessed, viewed, downloaded or otherwise received:
9.1. All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Website would constitute a violation of any law, regulation, rule or custom.
10. INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS.
You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of Materials from the Website by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of Materials from the Website.
11. NO WARRANTIES; LIMITATIONS ON COMPANY’S LIABILITY.
11.1. YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY COMPANY, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL SERVICES PROVIDED BY COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEBSITE.
11.2. ANY LIABILITY OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE SUBSCRIBER TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD, AS APPLICABLE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE.
12. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
12.1. You acknowledge that You understand that Company does not screen or endorse websites, products or content offered in advertisements or communications linked, submitted or pertaining to the Website by third-party licensees, advertisers, or Members for electronic dissemination through the Website, nor do we have any editorial control or supervision over such content. Members are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise responding to any communication at the Website.
12.2. You further acknowledge that You understand that Company does not control the content of any information, messages, communication or other materials posted or uploaded by users of the Website, and that You release Company from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from other users of the Website.
13. RESTRICTIONS ON MEMBERS’ COMMUNICATIONS; MEMBER LIABILITY.
13.1. If the Company should, at any time, provide any service which enables Members to communicate with or otherwise share information with other Members, persons providing any kind of service to Members, or any other person, or post information at, in or on the Website, You agree not to post, submit, publish, display, disseminate, or otherwise communicate, while connected to, or otherwise directly or indirectly using the Website or other services provided to You by the Company, any defamatory, obscene, pornographic, profane, inaccurate, abusive, threatening, offensive, or illegal material, or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person or entity. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling the Company to immediately terminate all rights to access the Website without notice or reimbursement. You agree that You are solely responsible for all information which You submit, publish, display, disseminate or otherwise communicate through the Website, even if a claim should arise after termination of service. Company does not and will not assume any obligation to monitor any such communication means.
13.2. You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
14. COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT PRIVATE
You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas of the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Site, whether or not they are the intended recipient(s) and may be subject to disclosure to applicable governmental authorities in accordance with applicable law.
15. TRADEMARK AND SERVICE MARK.
The name of this website is a service mark of or under license to Company. No use of this mark shall be permitted except through the prior written authorization and permission of Company or the licensor of the mark. All rights reserved.
16. NOTICES TO COMPANY OR MEMBERS.
Notices from the Website to Members may be given by means of electronic messages, by general posting on the Website. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All notices to the company shall be sent by electronic mail HERE.
17. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the User, Host and Company regarding use of the Website, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.
18. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION. This Agreement shall be governed by and construed under the laws of the State of YOUR STATE and the United States as applied to agreements between YOUR STATE state residents entered into and to be performed within the State of YOUR STATE, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any disputes arising under this Agreement shall be resolved by arbitration.
19. UNENFORCEABILITY OF PROVISIONS.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Failure of the Company to enforce any provision shall not be deemed to be a waiver of any rights to enforce any provision.
20. AFFIRMATION OF AGREEMENT.
You hereby acknowledge and affirm that You have read this entire agreement and that You AGREE to all its terms and conditions by CLICKING WHERE INDICATED BELOW and by authorizing the use of Your credit card for payment of charges and fees for You maintaining a membership to the Website and for any other charges which You may incur for goods or services ordered at or in association with the Website.
21. DOWNLOADERS PROHIBITED.
The use of automated downloaders, such as Get Right, are strictly prohibited. Downloader use massive amounts of resources & bandwidth, which means other members will have less resources available to them. Exceptions are made on occassion, but rarely.