TuneIn Service Agreement
Last updated March 28, 2013
Welcome to TuneIn. This Terms of Service Agreement (this "Agreement") explains the terms and conditions that apply to your use of the TuneIn Service (described below) and constitutes a legally binding agreement between you and TuneIn, Inc. ("TuneIn", "we", "us" or "our"). By accepting this Agreement or using the TuneIn Service, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions in this agreement ("Agreement"). If you do not agree with this Agreement, you must not accept this Agreement and may not use the TuneIn Service.
1. Terms Of Service
We may at our discretion change the terms of this Agreement and will post a copy of the amended Agreement on the Site (as described below). Such changes shall be effective upon posting by us, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If you do not agree to, or cannot comply with the Agreement, as amended, then you must stop using the TuneIn Service. We encourage you to check www.tunein.com/policies frequently.
2. The TuneIn Service
The "TuneIn Service" consists of (a) our online guide designed to simplify finding radio programming from broadcast or streaming radio sources, (b) the website located at www.tunein.com (the "Site"), (c) all software (including the Software, as defined below), data, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content"), (d) our applications and (e) any updates, additional features and functionality that TuneIn may offer.
3. Changes To Your TuneIn Service
TuneIn may at its discretion and from time to time change, add or remove features and functionality of the TuneIn Service without notice. TuneIn reserves the right to discontinue some or all of the features of the TuneIn Service at any time at its discretion (including the provision of updates). Additionally, a given TuneIn subscription may support different features and functionality, and TuneIn is under no obligation to provide all features and functionality with your subscription. You agree that TuneIn shall not be liable to you or to any third party for any modification, suspension or discontinuance of the TuneIn Service.
5. Registration and Account
You agree you will not allow others to access or use your account. You agree to notify us immediately or any unauthorized use of your account. TuneIn will not be responsible or liable for any losses or damages that you may incur as a result of the unauthorized use of your user name, password and/or account, either with or without your knowledge.
6. Using The TuneIn Service
The TuneIn Service is provided only for your personal, non-commercial use. You may not transfer the TuneIn Service to a third party.
You agree you will not:
- sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the TuneIn Service available to any third party, in whole or in part;
- use the TuneIn Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the TuneIn Service or its components;
- modify, adapt, circumvent or hack the TuneIn Service to, or otherwise attempt to gain unauthorized access to the TuneIn Service or its related systems or networks; or
- use the TuneIn Service in any way that violates this Agreement.
7. Mobile Services and other Requirements
The TuneIn Service includes certain services that are available via a mobile device, including (i) the ability to browse the TuneIn Service from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the TuneIn Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
In addition, you will be responsible for providing any other the equipment, hardware, software and services necessary to use the TuneIn Service.
To the extent the TuneIn Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide TuneIn information regarding your credit card or other payment instrument. You represent and warrant to TuneIn that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay TuneIn the amount that is specified in the payment plan in accordance with the terms of such plan and this Agreement. You hereby authorize TuneIn to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let TuneIn know within sixty (60) days after the date that TuneIn invoices you. We reserve the right to change TuneIn's prices. If TuneIn does, TuneIn will provide notice of the change on the TuneIn website or in email to you, at TuneIn's option, at least 30 days before the change is to take effect. Your continued use of the TuneIn Service after the price change becomes effective constitutes your agreement to pay the changed amount.
9. We Don't Control the Nature Of Radio
The TuneIn Service gives you the ability to listen to and time-shift broadcast radio programs over which TuneIn exercises no editorial or programming control, and the TuneIn Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet ("Third Party Content"). You understand that (a) TuneIn does not guarantee the access to, recording, or viewing of any particular Third Party Content, (b) Third Party Content is not under TuneIn's control and TuneIn is not responsible for and does not endorse such Third Party Content, (c) radio broadcasters may change Third Party Content or schedules at any time, and (d) TuneIn is not responsible for and has no editorial control over any Third Party Content or the distribution thereof. You agree that TuneIn will have no liability to you or any third party with regard to any Third Party Content.
10. Radio Programming Is Copyrighted and Protected
You acknowledge and agree that Third Party Content is the copyrighted material of the third party that supplies it, is protected by U.S. copyright law and other applicable laws, and may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the third party that supplied it, except as permitted by applicable law.
Third Party Content may be transmitted with a variety of copy protection mechanisms. These copy protection mechanisms are designed to protect the copyright interests of the relevant third party. These copy protection mechanisms may limit or prevent the ability of your TuneIn Recorder to play Third Party Content or to record such Third Party Content for later listening. You understand that TuneIn does not control the decision of a third party to institute such copy protection mechanisms. You agree that TuneIn will have no liability to you or any third party with regard to the failure of your TuneIn Recorder to listen or record for later listening any Third Party Content due to a copy protection mechanism.
11. Advertisements, Sponsorships, Promotions and Other Partnerships
TuneIn may display advertisements for the goods and services of third parties or other promotional materials on the Site or via the TuneIn Service. Your dealings with, or participation in promotions of any third-party advertisers via the TuneIn Service are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. TuneIn does not endorse or represent such third parties and is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the TuneIn Service.
The TuneIn Service may also present links to third-party web sites or third-party services not owned or operated by us. We do not endorse or represent such third parties and we are not responsible for the availability of these third-party sites or services or their content. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service. Portions of the content are copyright © of Gracenote or its providers.
12. Eligible Users
You must be at least 18 years of age to use the TuneIn Service. Children over the age of 13 may use the TuneIn Service only if their parent or legal guardian accepts and agrees to the terms and conditions of this Agreement on their behalf and thereby assumes full responsibility for the child's use of the TuneIn Service.
13. Special Notice for International Use; Export Controls:
Software (defined below) available in connection with the TuneIn Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the TuneIn Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the TuneIn Service, including as it concerns online conduct and acceptable content.
14. Your Content and Code of Conduct
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the TuneIn Service ("Your Content").
You agree to not use the TuneIn Service to post, email or otherwise transmit or provide links to any content that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable;
- you do not have a right to transmit under any law or under contractual or fiduciary relationships; poses or creates a privacy or security risk to any person;
- infringes any intellectual property or other proprietary rights of any party;
- misrepresents who you are or misrepresents your affiliation with another person or entity if the intent is to mislead, deceive or defraud others;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- in the sole judgment of TuneIn, is objectionable or which restricts or inhibits any other person from using or enjoying the TuneIn Service, or which may expose TuneIn or its users to any harm or liability of any type.
You understand that the operation of the TuneIn Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to TuneIn's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the TuneIn Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. TuneIn will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
16. Termination Of Service
You may terminate your account, this Agreement, and your right to use the TuneIn Service, at any time and for any reason or no reason, by contacting TuneIn Customer Support at email@example.com. Notwithstanding anything to the contrary in this Agreement, TuneIn retains the right to immediately suspend or terminate your account if you breach any provision in this Agreement. In addition, TuneIn reserves the right to terminate your account and this Agreement for any other reason or no reason, with or without notice to you. All of Your Content on the TuneIn Service (if any) may be permanently deleted by TuneIn upon any termination of your account in its sole discretion. If TuneIn terminates your account without cause and you have signed up for a fee-bearing service, TuneIn will refund the pro-rated, unearned portion of any amount that you have prepaid to TuneIn for such service. However, all accrued rights to payment and the terms of Section 13-25 shall survive termination of this Agreement.
17. License Grant and Intellectual Property
You may be required to use certain software programs to use or have full access to certain features of the TuneIn Service. Any software that may be made available by TuneIn in connection with the TuneIn Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Subject to the terms and conditions of this Agreement, TuneIn hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on devices solely in connection with your personal non-commercial use of the TuneIn Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. Your use of the Software is subject to the terms of this Agreement. As between you and TuneIn, TuneIn retains title to and ownership of the Software, TuneIn copyrights and trademarks, and all Content provided or made available in connection with the TuneIn Service. In the case of any third party software provided to you by TuneIn, the applicable third party retains title to and ownership of its software and intellectual property rights. You acknowledge and agree that the TuneIn Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by TuneIn, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the TuneIn Service or the Service Content, in whole or in part, except that the foregoing does not apply to Your Content (as defined above) that you legally upload to the TuneIn Service. In connection with your use of the TuneIn Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by TuneIn.
You agree to defend, indemnify and hold harmless TuneIn from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorney's fees) relating to or arising out of your breach of any term of this Agreement, Your Content, or your use, access or misuse of the TuneIn Service. TuneIn shall provide notice to you of any such claim, suit or demand. TuneIn reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting TuneIn's defense of such matter.
19. Representations and Warranties.
You represent and warrant to TuneIn that (i) you have full power and authority to enter into this Agreement; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow TuneIn to perform its obligations) in connection with the TuneIn Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the TuneIn Service, and TuneIn's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
20. Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT THE TUNEIN SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TUNEIN MAKES NO WARRANTY THAT THE TUNEIN SERVICE WILL MEET YOUR REQUIREMENTS, ALLOW YOU TO ACCESS ANY PARTICULAR PROGRAMMING, OR THAT YOUR USE OF THE TUNEIN SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE; NOR DOES TUNEIN MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE TUNEIN SERVICE (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE TUNEIN SERVICE WILL BE CORRECTED OR THAT THE SOFTWARE OR TUNEIN SERVICE WILL BE COMPATIBLE WITH ANY OTHER HARDWARE OR SERVICE. TUNEIN SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT THE TUNEIN SERVICE, THE SOFTWARE, OR OTHER HARDWARE. TUNEIN AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE TUNEIN SERVICE OR THE SOFTWARE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU. IN THESE STATES, TUNEIN'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
21. Limitations of TuneIn's Liability
IN NO EVENT AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL TUNEIN OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, USE OF USER INFORMATION, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE TUNEIN SERVICE OR USE OF THE TUNEIN SERVICE THROUGH YOUR ACCOUNT BY A THIRD PARTY, EVEN IF TUNEIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL TUNEIN'S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, EXCEED THE AGGREGATE AMOUNT YOU PAID TO TUNEIN IN THE PRECEDING TWELVE MONTHS OR, IF GREATER, ONE HUNDRED DOLLARS ($100). YOU UNDERSTAND THAT THESE LIMITATIONS OF TUNEIN'S AND TUNEIN'S SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. TuneIn will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to TuneIn's Copyright Agent at firstname.lastname@example.org (subject line: "DMCA" Takedown Request"). You may also contact us by mail or facsimile at:Attention: Copyright Agent
270 University Avenue,
Palo Alto, CA 94301
Notice: To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
At TuneIn's or your election, all disputes, claims, or controversies arising out of or relating to the Agreement or the TuneIn Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Agreement. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Agreement and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Agreement, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
This Agreement will be governed by the laws of the State of California as such laws apply to agreements between California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You agree to submit to the exclusive personal jurisdiction of the courts located within the county of Santa Clara, California. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. In the event of any dispute concerning the construction or meaning of this Agreement, reference shall be made only to this Agreement as written in English and not to any translation into another language. You may not assign this Agreement without the prior written consent of TuneIn, but TuneIn may assign or transfer this Agreement, in whole or in part, without restriction. This document represents the entire agreement governing your use of the TuneIn Service and supersedes any prior or contemporaneous written or oral statements by TuneIn or its representatives or resellers. TuneIn's failure to enforce any of the terms of this Agreement shall not constitute a waiver or relinquishment of TuneIn's right to do so at any time. BY USING THE TUNEIN SERVICE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT AND YOU AGREE TO ALL THE TERMS OF THIS AGREEMENT AS STATED HEREIN.
25. Questions? Concerns? Suggestions?
Please contact us at email@example.com to report any violations of this Agreement or to pose any questions regarding this Agreement or the TuneIn Service.