Last Updated: April 5, 2018
The following Terms & Conditions govern the use of the AccuRadio service and all content you see and hear when you listen (the "Services"). Listening to music provided by AccuRadio (“AccuRadio”, "we", "us", or "our") to you ("you" or "your") automatically forms a binding legal agreement between you and us (the "Agreement") depending on where you reside.
Please read this Agreement carefully before using our Services. The Services and all graphics, images, design, data and text, including any juxtaposition thereof, are the property of AccuRadio and are proprietary, confidential, and licensed (not sold) to you under this Agreement. By listening to music on AccuRadio (or otherwise using any portion of the Services), you agree to, and become bound by, the terms of this Agreement. If you are unwilling to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.
I. Those Who Can Use Our Services.
In order to accept this Agreement and to use the Services, you must be at least 13 years of age and reside in a jurisdiction that permits you to access the Services. However, if you live in Australia you must be at least 15 years of age to access our Services and, for all jurisdictions, those listeners between the ages of 13 and 17 must have parental consent to access the Services. You hereby affirmatively represent that (a) you are at least 13 years old (or at least 15 years old if you reside in Australia); (b) you have the consent of your parent(s) to access the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant AccuRadio the rights granted herein; and (d) you have read, understood, and agree to be bound by this Agreement. Failure to meet any one of the foregoing criteria or if you otherwise do not agree to all of the terms and conditions of this Agreement, you may not use the Services.
II. Policy Compliance.
You agree to comply with all our posted policies while using the Services as we may update them from time to time. We reserve the right to suspend or stop providing you with access to the Services if you fail to comply with our posted policies.
III. Additional Terms and Conditions.
We may occasionally offer additional Services or supplements to our Services that require additional terms and conditions. We will make those additional terms and conditions available with the relevant Services. If you use those Services, the terms and conditions that apply will become part of this Agreement between you and us.
IV. Changes in Terms.
If we revise, amend or modify this Agreement materially, we will notify you by email or through a message posted on the Services. You agree that such revised, amended or modified Agreement will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Services.
VI. Your License to Use the Services.
AccuRadio hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access our Services in a jurisdiction that permits you such access and to otherwise view and use the Services to the extent permitted by its intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Services through certified applications or by methods that AccuRadio makes available to you. Any access or use of our Services through an application, service, or method provided by a party other than AccuRadio is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein, or by AccuRadio in writing, is strictly prohibited and a violation of this Agreement. AccuRadio may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason in its sole discretion.
USE OF THE SERVICES FOR ANY REASON WHATSOEVER NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
Unless otherwise specifically permitted under this Agreement, you shall not: (a) access or use the Services through an application or means not authorized by AccuRadio; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services; (c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Services; (d) modify, download, intercept, or create any derivative works of the Services, including any translations or localizations thereof; (e) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (g) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without AccuRadio's prior written consent; (h) provide your username and password used to access the Services to any third party; (i) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; (j) circumvent any technological measures employed by or on behalf of AccuRadio to protect the Services; (k) use any other technologies or initiate any other activities that may harm the Services, or the interests or property of AccuRadio or other users of the Services; or (l) aid or encourage any third party to engage in any activity that might constitute a breach of this Agreement.
VIII. Preferences for Email and Consent to Communications.
If you have registered with AccuRadio, we may send you communications from time to time to the email address you provided to us when you registered. Email communications may include, but are not limited to, tips and station recommendations, special offers, notice of promotions and other account-related or transactional communications. Also, when you create a 5-Star Channel, you may receive communications from related artist(s) associated with that station by or on behalf of AccuRadio.
AccuRadio’s mobile and tablet applications may, in some circumstances, offer you the ability to receive push notifications in connection with those applications. If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences apps of each respective device. By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of AccuRadio. You may modify your communication preferences at any time within the Settings section of our website or applications. You may not opt-out of receiving account-related or transactional communications.
IX. Explicit Content.
We prefer to showcase music on our Services the way that the artist intended. That occasionally means that SOME MATERIAL ON OUR SERVICES MAY CONTAIN CONTENT WHICH YOU MAY CONSIDER INAPPROPRIATE FOR THOSE UNDER THE AGE OF 18. THIS CONTENT MAY CONTAIN LYRICS, SPEECH, VISUAL IMAGES, OR OTHER MEDIA THAT INCLUDES STRONG LANGUAGE, OR DEPICTIONS OF VIOLENCE, SEX, OR SUBSTANCE ABUSE ("EXPLICIT CONTENT"). PARENTAL DISCRETION IS ADVISED FOR ALL USERS OF THE SERVICES UNDER THE AGE OF 18.
We currently don’t provide any filter to eliminate Explicit Content. However, we may add such a feature in the future. In the interim, you can “skip” any Explicit Content by using our skip feature and prohibit any person under the age of 18 from listening to Explicit Content. In addition, any person under the age of 18 should not listen to Explicit Content.
X. Programming Content for Our Services.
AccuRadio selects the content that we display and perform on our Services using many factors including, but not limited to, licensing restrictions and content costs. AccuRadio reserves the right in its sole discretion to select, display, and perform content based on a number of different factors, including but not limited to licensing and contract restrictions and requirements, territorial limitations, industry trends, and content cost and availability. It is our desire to provide you with the best possible listening experience and to keep your tastes in mind when we select content to display and perform. However, in order to provide the Services, we reserve the right to alter, change, modify, or terminate any services, content or application functionality at any time, with or without notice to you.
XI. Submitting Music to Us.
If you want to submit music to us, please go to our Music Submissions Guide where you will find instructions to submit. Any music you submit must (i) meet at least reasonably professional commercial recording standards and (ii) be subject to a valid and binding contractual relationship between the artist and SoundExchange, which relationship is the sole source of remuneration for the artist for any music submitted to us. AccuRadio cannot guarantee that your music will be reviewed or played on our website, nor shall music submissions otherwise be subject to any reimbursement from AccuRadio nor any files, CDs or other media submitted be returned to submitters.
XII. Listening Activity & Behavior.
When you use the Services, we keep track of your listening activity, including the number and titles of songs to which you have listened, the songs, albums, or artists that you have rated on our 5-star rating scale, the 5-Star Channel you create and listen to, the songs you skip, and how frequently and for how long you listen to our stations.
XIII. Advertising Content.
When you listen to the Services, we may present advertisements for or links to third party websites, products, and/or services ("Third Party Ads"). We are not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither AccuRadio nor any of its affiliates will be liable for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.
XIV. Support & Availability Features; Fraud & Abuse.
AccuRadio is not obligated to provide user or technical support under the terms of this Agreement. We also provide no assurance that any specific errors or discrepancies in the Services will be corrected. AccuRadio may alter the availability of any feature of the Services, or impose new limitations on your use of the Services, at any time with or without notice, liability, or obligation with respect to such feature or limitation. In certain circumstances, such as in the case of a security problem, we may require you to install an update in order to continue using the Services. In order to provide the best quality Services to all of our users, we monitor the Services to detect and prevent fraud and abuse. We may, in our sole discretion, terminate your account and your access to the Services should we determine it is associated with fraudulent or abusive activities as it relates to the Services. Further, we reserve the right to pursue legal action in connection with fraudulent or abusive activities.
When using the Services, we may store data, preferences set by you such as your 5-Star Channel, content or other information for your convenience, but AccuRadio is under no obligation to retain any such data, preferences, content or other information that you may have stored and will not be liable for the deletion of any such information.
XV. Carrier and/or Use Charges.
The Services are provided to you free of charge. However, while we don’t foresee this occurring, we reserve the right to implement, with prior notice to you, any charges or fees that may become necessary for you to continue to access the Services. Services may involve the transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. AccuRadio assumes no liability or responsibility for the payment of any charges you may incur.
XVI. Intellectual Property.
You agree and acknowledge that AccuRadio retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. AccuRadio, its logos, marks, service marks, and all of its designs, as well as certain other AccuRadio trademarks, service marks, graphics, and logos, are the registered trademarks or trademarks of AccuRadio. The Services may also contain third-party trademarks, service marks, graphics, and logos. The Services are owned and/or licensed by AccuRadio and are protected by the laws of the United States and other countries in which the Services are made available. You agree to prevent any unauthorized copying, use, or distribution of the Services. Except as expressly provided herein, AccuRadio does not grant any express or implied right to you under any AccuRadio-owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.
XVII. Your Submissions & Feedback.
AccuRadio has a passion for excellence in music innovation and we constantly improve the content on our Services. While our employees continually strive to develop and evaluate internally-generated ideas, we pride ourselves on paying close attention to the feedback, comments, and suggestions we receive from our listeners. By submitting any ideas, feedback and/or proposals to AccuRadio regarding the Services ("Feedback"), you expressly acknowledge and agree that: (a) AccuRadio is under no obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback; and (b) AccuRadio may freely use, assign, transfer, distribute, exploit, and further develop and modify the Feedback you submit for any purpose whatsoever. To the extent any copyright or other intellectual property ownership interest vests in you with respect to the Feedback, you hereby grant AccuRadio a worldwide, non-exclusive, royalty-free, fully paid up, irrevocable, sublicensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release AccuRadio from any and all liability and claims that may result from or are related to the rights to the Feedback.
XVIII. Export Control and Legal Compliance.
You represent and warrant that you are not located in a country that is (a) subject to a U.S. Government embargo, (b) designated by the U.S. Government as a "terrorist supporting" country, or (c) listed on any U.S. Government list of prohibited or restricted parties.
XIX. Disclaimers; Limitations of Liability.
YOU MAY LIVE IN A JURISDICTION THAT DOES NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE THAT LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
THE SERVICES (INCLUDING ANY SOFTWARE AND CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED "AS IS" AND "AS AVAILABLE". ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACCURADIO DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ACCURADIO MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND ACCURADIO DISCLAIMS ANY LIABILITY RELATING THERETO. ACCURADIO MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
ACCURADIO'S CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE APPLICABLE PORTION OF THE SERVICES AT ISSUE WITHIN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL ACCURADIO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ACCURADIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.
You agree to defend (at our option), hold harmless, and indemnify us from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.
XXI. Term and Termination.
This Agreement as amended from time to time remains in effect for as long as you use the Services. You may terminate your registration and delete your account (and terminate this Agreement) at any time and for any reason by following the instructions outlined at http://www.accuradio.com/user_settings/. Alternatively, you may contact firstname.lastname@example.org for instructional assistance from our Help Desk. We may also terminate this Agreement and your access to the Services at any time and for any reason. Upon any termination of this Agreement, the rights and licenses granted to you hereunder, including your ability to access and use the Services, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to AccuRadio. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement. Any provision of this Agreement that should, by its nature, survive termination of this Agreement will survive its termination.
AccuRadio may send you notices about products and services to the email address you provided us if you are a registered user. You hereby consent to receive notice from us through the foregoing means, and you are deemed to have received such notices at the latest within two (2) business days from us posting or sending a notice. You are responsible for keeping your account information, including your email address, up to date. AccuRadio assumes no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Services. Except as otherwise provided for herein, any notices required to be delivered to AccuRadio under this Agreement may be delivered via first class registered U.S. mail, overnight courier, or personal service to AccuRadio LLC, Attn: Listener Support Team, 10 W. Hubbard Street, Suite 5W, Chicago, IL 60654.
AccuRadio may assign this Agreement, or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.
XXV. Governing Law and Disputes.
Governing Law. This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of Delaware, excluding its choice-of-law principles.
Applicability of Section XXV. The terms of this section XXV apply to all disputes that may arise out of, are connected with, or relate to this Agreement or the Services, subject only to the following exceptions: (1) if AccuRadio reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction, or (2) any dispute may, at the option of the claiming party, be resolved in the Circuit Court of Cook County, Illinois, provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the court, and (ii) were unsuccessfully resolved through the Informal Resolution procedure required below. Furthermore, in no event will the terms of this section limit AccuRadio's ability to investigate complaints or reported violations of this Agreement, or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties such as music rightsholders.
Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement or the Services, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. If AccuRadio does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below.
Arbitration Agreement. Any claims by AccuRadio, or claims by you that are not resolved by the Informal Resolution procedure described above, arising out of, relating to, or connected with this Agreement must be asserted individually in binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel). This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. Â§ 1 et seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (3) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with this Agreement.
The arbitration proceeding and the results thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding: (1) as required by law, rule, or regulation; (2) to its accountants, attorneys, and other fiduciaries; and (3) to an arbitrator or third party who has exercised its rights under this section 25 for use as persuasive authority in other proceedings brought pursuant to this section 25.
Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or forever be barred.
In the event any provisions of this Agreement are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of this Agreement.
XXVII. Entire Agreement.
This Agreement constitutes the complete and exclusive agreement between you and AccuRadio with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
XXIX. Questions Regarding this Agreement.
If you have any questions regarding this Agreement, you may contact AccuRadio's Help Desk (https://accuradio.zendesk.com/hc/en-us) for further assistance.