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Terms and Conditions

Terms and Conditions of Use - TheRadio.com (TRC)

We have taken every effort to design our Web site to be useful, informative, helpful, honest, and fun. Hopefully, we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you do not agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be. Your continued use of the TheRadio.com Web site means that you accept those changes.

This “Conditions of Use” agreement sets forth the essential points a user must abide by in using the TRC site. Though the points mentioned below are limited, they are by no means conclusive and final, and any and all rights of TRC, both legal and equitable, shall be strictly reserved.

1) User may peruse any of the musical tracks on the TRC site for listening purposes only. If however the user would like to consider a song for a prospective mechanical, synchronization, or other licensing uses in their project(s) where warranted, please contact TRC directly for directions regarding licensing instructions and authority.

2) Any use whatsoever of those federally protected copyrights contained on the TRC site, for whatever purpose aside from the intended streaming listening purposes are strictly prohibited. Prohibited restrictions include any transference of the sound recording, or underlying copyright, by digital, electronic, analog, or any re-recorded means now known or hereinafter devised. All copyrights on the TRC site are protected and will be enforced to the full extent prescribed by the United States and International copyright acts, laws, and doctrine.

3) User shall abide by all terms and conditions regarding the scope and authorization as set out in these Terms and Conditions and any unauthorized use, and any deviation thereof, without benefit of a written instrument extending requisite rights, will be and be deemed an infringement to those rights granted by TRC on behalf of itself and its clients.

4) As the user to the TRC site benefits from certain entitlements, any dedicated information granted to user via the procedures and mechanics derived from the TRC site, or otherwise, shall be considered confidential, proprietary, and kept in confidence. Any unauthorized disclosure thereof to third parties may constitute a breach of this agreement actionable by, but not limited to, termination and its relationship with TRC or legal remedial action thereof.

5) As a general rule, any unauthorized use of this site, and the contents therein, are strictly prohibited. That being said, the user shall use all of their efforts in maintaining the integrity of the copyright(s) granted via license to TRC to the extent that any unauthorized use shall be ensured against duplication by means now know or hereinafter devised.

6) No part of this agreement, representation, or the rights hereof granted to the user shall be assigned to any third party, or otherwise, without the expressed permission of TRC in writing. You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from TheRadio.com, and all information to which you have access through password-protected areas of TheRadio.com website and will not cause or permit any such information to be communicated, copied, or otherwise divulged to any other unauthorized person whatsoever.

7) No part of the TRC website shall be used, absconded with, duplicated, modified, or infringed against TRC’s business method patent without written permission by TRC. Materials in this website are copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without TRC’s explicit permission. All of the trademarks on this site are trademarks of TheRadio.com of other owners used with their permission.

8) All trademarks, logos, operating system procedural methods or design, shall be and remain the sole property of TRC. All material and copyrights contained therein of the TRC website shall remain the property of TRC and any copying whatsoever via programming, software, or otherwise by means now know or hereinafter devised shall be prohibited. TRC warrants, and you accept, that TheRadio.com is the owner of the copyright of the Databases including Links to articles and resources available from time to time through its contributors and accordingly reserves all rights. No intellectual property rights are conferred by this agreement.
TheRadio.com grants you a non-exclusive, non-transferable license to use the TRC site and services accessible to you subject to these Terms and Conditions.

9) You agree to use information obtained from the TRC database only for your own private use or the internal purposes of your home or business, provided that you are not selling or broking the information, and in no event cause or permit said information to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form from any part of the databases, (whether directly or in condensed, selective or tabulated form), whether for resale, republishing, redistribution, viewing, or otherwise, outside of the scope of those warranted licenses granted to you or your company as “issued”..

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services, or publications other than those of TRC and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services, or publications by TheRadio.com or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles, or phrases at this website may constitute trade names, trademarks or service marks of TRC, their clients or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

10) User understands that the term of this agreement commences upon the date of registration and may be canceled at any time by either party with a minimum 60 (sixty) day written notice. TRC also reserves the right to cancel any user or their account hereto for “cause” and “at will” in their sole discretion. All uses and access to the TRC site and services shall also terminate without warning.

12) User warrants that they will save and hold TRC harmless against any and all liabilities both in law and in equity on behalf of itself as well as TRC’s represented clients for and by any means whatsoever.

13) User agrees to indemnify and hold TRC harmless against all claims and infringements that may arise out of using the TRC services or on behalf of TRC's represented clients. TRC’s “Disclaimer” policy is implicit and also applies.

14) These Terms of Use will apply to every access to www.theradio.com. TRC reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site, that version will then apply to all use by you following the date of publication. Each access of information from TRC will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use, and the licensing authority grated to TRC therein may not be assigned or sublet by you without TRC’s written consent in advance.

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of South Carolina, as it is applied to agreements entered into, and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate TRC and/or its affiliates' intellectual property rights, TRC and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of South Carolina, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the state of South Carolina. Any costs and fees other than attorney fees associated with the mediation will be your sole responsibility.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in the State of South Carolina and under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

15) This is the entire agreement and may not be modified through extraction or additional provisions without the written authorization of TRC. Additionally, if any section of this agreement is found to be null and void, all surviving sections shall remain in full force and effect.

This is the END of the Terms and Condition of use of the TheRadio.com site.