TUNEIN TERMS OF SERVICE AND END USER LICENSE AGREEMENT
Last updated March 3, 2015
Welcome to TuneIn. This Terms of Service and End User License Agreement (this "Agreement") explains the terms and conditions that apply to your use of the TuneIn Service (as defined below) and constitutes a legally binding agreement between you and TuneIn, Inc., a Delaware corporation ("TuneIn", "we", "us" or "our").
By accepting this Agreement, using the TuneIn Service, or Posting any of Your Content (as defined below) through the TuneIn Service, you acknowledge that you have read, understood, and agree to be bound by this entire Agreement. This Agreement is a legal agreement between you and TuneIn and the terms hereof apply to you whether you are a registered user, a visitor just browsing the Site (as defined below) or a user or visitor using the Applications (as defined below). If you do not agree with this Agreement in its entirety, or if applicable law prohibits your acceptance of this agreement, you must not accept this agreement and may not use the TuneIn Service.
NOTE TO CHILDREN UNDER 13 YEARS OF AGE: THE TUNEIN SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then you are not permitted to use the Service.
1. Terms Of Service
Except as otherwise described herein, we may at our discretion change the terms of this Agreement at any time and will post a copy of the amended Agreement on the Site and on the Applications. We will also update the “Last Updated” date in any such amended Agreement. Such changes shall be effective upon posting by us, and if you use the TuneIn Service after that date, your use will constitute acceptance of the revised terms and conditions. However, no revisions to this Agreement will apply to any dispute between you and TuneIn that arose prior to the date of such revision. If you do not agree to, or cannot comply with this Agreement, as amended, then you must stop using the TuneIn Service and cancel your TuneIn account(s). We encourage you to check the TuneIn policies on the Applications or Site frequently.
We occasionally may have a need to communicate with you. You hereby authorize TuneIn to communicate with you via e-mail for any matter related to the TuneIn Service or this Agreement, including, but not limited to, promotional opportunities available on, through or related to the TuneIn Service. With respect to promotional opportunities and certain other communications, you will be given the opportunity to opt out of receiving such communications, however, you hereby grant TuneIn permission to communicate with you via e-mail about your use of the TuneIn Service, changes to this Agreement, or your rights and obligations under this Agreement.
2. The TuneIn Service
The "TuneIn Service" consists of: (a) our audio guide service offering end users access to a selection of indexed radio stations, podcasts, sports, news and other content (the “TuneIn Guide”), whether available through our website located at www.tunein.com (the “Site”) or through any software applications made available for mobile devices (“Guide Applications”); (b) our platform for content streaming that enables sharing of live and recorded audio content (“TuneIn OpenMic”), whether available through the Site or through any software applications made available for mobile devices (the “OpenMic Applications,” and collectively with the Guide Applications, the “Applications”); (c) all software (including the Software, as defined below), external players, buttons and widgets, data, text, images, sounds, video, graphics and photos made available by TuneIn through any of the foregoing (collectively referred to as the "Content"), and (d) any updates, new versions, new releases, additional features and functionality that TuneIn may offer in connection with the foregoing.
We offer portions of the TuneIn Service to you for free. You understand and agree that this Agreement is entered into in consideration of your use of the TuneIn Service pursuant to these terms and for other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.
We also offer portions of the TuneIn Service as a subscription service. You understand and agree that You may only subscribe to and access such subscription services through the applicable TuneIn Guide Applications.
3. Changes To Your TuneIn Service
Except as otherwise described herein, 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. If you are dissatisfied with any changes to the TuneIn Service, then your sole option is to discontinue or terminate your use of the TuneIn Service as described herein.
5. Fees and Payment Terms
If you elect to become a subscriber of the TuneIn Service or otherwise access any other components of the TuneIn Service for which a fee is charged, you agree to pay all fees and charges associated therewith on a timely basis. The payment terms below apply to certain subscription and fee-based services made available through the TuneIn Service. We reserve the right to change the Payment Terms, at our discretion, without prior notice.
By using the TuneIn Service, or by registering for an account, you acknowledge that you have read, understood, and agree to be bound by these payment terms, as may be amended by TuneIn from time to time at our discretion. However, if you register for a subscription to the TuneIn Service through a third party website or platform, you may be subject to different terms and conditions (including, but not limited to, refund terms and conditions other than those stated below). It is your responsibility to determine whether different terms apply and to review and refer to such third party terms and conditions, if applicable.
To subscribe for or otherwise obtain paid services on or through the TuneIn Service, you will be required to register for an account and provide certain registration information. You are responsible for maintaining the confidentiality of your user name, password and other account information and for all activities that occur under your user name or account, including all purchases. You agree to notify us immediately in the event that you learn or suspect that your account has been subject to any authorized access or use.
We accept various forms of payment, as set forth on the Site from time to time. We do not accept cash or checks. The day that you register for and purchase or activate your subscription (“Activation Date”) is the first day of your billing cycle. By providing your payment method and subscribing to the TuneIn Service, you authorize TuneIn or its designated payment processor to charge the applicable monthly or annually recurring subscription fees, and any applicable sales, telecommunication, excise, valued-added or similar taxes to your designated payment method. The subscription fee is exclusive of any applicable federal, state, provincial, VAT or municipal taxes or duties.
Unless you notify us of your decision to terminate your subscription, your subscription will automatically renew at the end of each subscription term at the then-current fee. Your renewed subscription will have the same term as the subscription being renewed. At the time of renewal, your payment method will be charged our then-current fees for the subscription, provided that if the fee for your renewal has increased, we will provide notice of the change in an email to you at least thirty (30) days prior to renewal so that you have an opportunity to elect not to renew.
Your payment method will be charged for the renewal term of your TuneIn Service subscription on your billing date (“Billing Date”), based on the type of subscription (e.g. on a particular date each month for a monthly subscription). If, however, the Activation Date of your subscription is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal will be on the last day of the month in which your Billing Date would otherwise be. All fees are payable in U.S. Dollars.
If you fail to pay the applicable fees for your TuneIn Service subscription when due, your account may be downgraded, suspended or cancelled, at TuneIn’s discretion. If your account is suspended, TuneIn may, but is not obligated to, maintain your account and/or related content and information, in order to allow you to pay the past-due charges and restore your account. If the charges are not paid, your account may be cancelled.
We reserve the right to change TuneIn’s prices at any time in our sole discretion. If TuneIn does change prices, TuneIn will provide notice of the change in an email to you at least thirty (30) days before the change is to take effect. Your continued use of the TuneIn Services after the price change becomes effective constitutes your agreement to pay the changed amount.
From time to time, TuneIn may offer you a free trial period during which you will receive the benefits of a TuneIn Service subscription and can try the TuneIn Service for free (“Free Trial”). The length of any Free Trial Period may vary. If you are a current TuneIn Service subscriber or have previously participated in a Free Trial, then you are not eligible to receive a Free Trial. We may notify you when your Free Trial expires or is about to expire, and ask if you wish to purchase a TuneIn Service subscription. You may subscribe to the TuneIn Service at any time (during your Free Trial period of after). If your Free Trial expires and you have not subscribed to a paid subscription of the TuneIn Service, you will still be able access TuneIn’s free-of-charge service but will not have access to TuneIn’s premium audio content.
6. Registration and Account
TuneIn reserves the right to reject or revoke at any time the right of any user to use any name as part of a user name on the TuneIn Service, without any liability to you. TuneIn may choose to limit user registrations to those whose name and identity can be easily verified, as it may determine in its sole discretion. TuneIn will suspend your account if you are suspected of impersonating anyone on the Service.
You agree you will not allow others to access or use your account. You agree to notify us immediately of 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, prior to your notifying us of any unauthorized use of your account.
You may sign up for a monthly or annual paid subscription to the TuneIn Service at any time. If you become a TuneIn Service subscriber, you will gain full access to premium audio content made available through the TuneIn Service as long as you maintain an active subscription to the Service. See our Payment Terms for information on subscriptions plans, payment, and cancellation.
7. 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;
- use the TuneIn Service in any way that violates this Agreement;
- collect or store personal data about other users without their express permission; or
- encourage or instruct any other individual to do any of the foregoing or to violate this Agreement.
- is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, deceptive, inciting of unlawful action, invasive of another‘s privacy, hateful racially or ethnically, constitutes hate speech or is otherwise objectionable;
- poses or creates a privacy or security risk to any person or entity;
- contains unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation;
- infringes any intellectual property or other proprietary rights of any party, including the rights of privacy and publicity;
- you do not have the lawful right to Use (as defined below) or authorize TuneIn to Use (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to such content);
- you do not have the consent or permission of each identifiable person in Your Content to use the name, voice, signature, photograph or likeness of each such person (to the extent each is implicated in Your Content) and such consent or permission is necessary;
- 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;
- restrict, discourage or inhibit any person from using the TuneIn Service, disclose personal information about a third person on the TuneIn Service or obtained from the TuneIn Service without the consent of such person, or collect information about users of the TuneIn Service not otherwise provided herein;
- alter, deface, mutilate or otherwise bypass any approved software through which the TuneIn Service is made available;
- using any trademarks, service marks, design marks, logos, photographs or other content belonging to TuneIn or obtained from the TuneIn Service;
- use any scraper, spider, robot or other automated means of any kind to access the TuneIn Service, except and solely to the extent permitted by this Agreement and the features of the TuneIn Service, deep-link to any feature or content on the TuneIn Service, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the TuneIn Service;
- violate any applicable federal, state, provincial or local laws or regulations or this Agreement; or
- assist or permit any persons in engaging in any of the foregoing
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TuneIn to locate the material;
- Information reasonably sufficient to permit TuneIn to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; and
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- 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, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which TuneIn may be found, and that you will accept service of process from the person who provided a Notification of Claimed Infringement to TuneIn or an agent of such person.
- [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [TuneIn] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
You agree you will comply with any codes of conduct, policies or other notices TuneIn provides you or publishes in connection with the TuneIn Service, and you shall promptly notify TuneIn if you learn of a security breach related to the TuneIn Service. You agree and warrant that you will comply with all laws, rules and regulations in connection with your use of the TuneIn Service (including, but not limited to, traffic laws and rules when using the TuneIn Service in a vehicle), and you will not use the TuneIn Service in any manner that violates such laws, rules or regulations.
8. 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 of the TuneIn Service through applications 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, and you acknowledge that you are solely responsible for all such fees and charges. 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.
9. We Don't Control the Nature Of Radio
“Third Party Content” means, collectively, (i) the graphics, images, photos, sound recordings, musical works, data, information, feedback, suggestions, text, content and other materials that a third party may record, upload, post, publish, submit, deliver, provide or otherwise transmit or store (collectively, “Post” or "Post(ing)") in connection with or relating to the TuneIn Service, (ii) any broadcast radio programs or other audio content that the TuneIn Service gives you the ability to listen to and time shift, and (iii) any links or other access to other sites and resources on the Internet that may be provided by the TuneIn Service or third parties. The TuneIn Service gives you the ability to listen to and access Third Party Content over which TuneIn exercises no editorial or programming control. You understand that (a) TuneIn does not guarantee the access to, recording of, listening to, 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) owners of the Third Party Content may change or delete 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 NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF YOUR USE OF OR ACCESS TO ANY THIRD PARTY CONTENT ON OR THROUGH THE TUNEIN SERVICE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR RELIANCE UPON ANY THIRD PARTY CONTENT MADE AVAILABLE ON OR THROUGH THE TUNEIN SERVICE.
10. Third Party Content 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. or international 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 the TuneIn Service 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 your ability to access, listen to, or record for later listening, any Third Party Content due to a copy protection mechanism. You may not remove or attempt to circumvent any copyright protection mechanisms and any attempts to remove or circumvent or removals or circumventions may subject you to liability.
11. Advertisements, Sponsorships, Promotions and Other Partnerships
TuneIn may display advertisements for the goods and services of third parties or other promotional materials 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 by using the TuneIn Service, you agree that TuneIn 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 websites or third party services not owned or operated by TuneIn (“Third Party Sites”). We do not endorse or represent such third parties and we are not responsible for the availability of these Third Party Sites or their services or 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 their goods or services available through any such Third Party Sites. Certain functionalities of the TuneIn Service may also require that you agree to additional terms and conditions of Third Party Sites. You agree that you are solely responsible for your acceptance of and compliance with such terms and conditions whenever you use or access such Third Party Sites.
Any supplemental terms and conditions required for use of any portion of the TuneIn Service offered by TuneIn (but not those of any Third Party Site) will, unless otherwise expressly stated in such terms, supersede this Agreement in the event of a conflict only as to that portion of the TuneIn Service with respect to which those supplemental terms relate. Such supplemental terms and conditions (if any) (but not those of any Third Party Site), are hereby incorporated by reference into and made a part of this Agreement in each and every instance.
Portions of the content are copyright © of Gracenote or Rovi or their respective providers.
12. Eligible Users
You must be at least the age of majority in your jurisdiction 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. By using the TuneIn Service, you affirm that you are either more than the age of majority in your jurisdiction, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the TuneIn Service is not intended for children under the age of 13.
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
“Your Content” means, collectively, the graphics, images, photos, sound recordings, musical works, data, information, feedback, ideas, comments, suggestions, text, content and other materials that you Post in connection with or relating to the TuneIn Service.
You agree to not use the TuneIn Service to post, email or otherwise transmit or provide links to any content that:
License Grant. By Posting Your Content on or through the TuneIn Service, you agree to, and hereby do grant TuneIn, a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish, transmit, communicate to the public, make available, broadcast, prepare derivative works based on, publicly perform (including on a through-to-the-audience basis) and otherwise use and exploit (collectively, “Use”) Your Content in connection with the TuneIn Service, including, without limitation, in connection with, or on, any Third Party Sites and platforms where the TuneIn Service is syndicated and to advertise, market and promote the availability of Your Content and the TuneIn Service, in any and all media and distribution channels, whether now known or hereafter developed. For example, TuneIn will have the right to insert, place or include all types of advertisements within or around Your Content, including, without limitation, to running or streaming pre-rolls, mid-rolls, post-rolls, display ads, overlays, banners, campaign and companion ads and any other type of advertising, whether audio, visual, or audiovisual units in connection with Your Content. Notwithstanding the preceding sentences, if you remove any of Your Content using functionalities available through the TuneIn Service, you agree to, and hereby do grant, TuneIn a perpetual and irrevocable license to Use any backup copies of Your Content made by TuneIn in the ordinary course of business; provided that such copies were created prior to your removal of Your Content. You are solely responsible for all of Your Content, and affirm, represent and warrant that you own or have the necessary licenses, rights, consents and permissions to Post Your Content and to grant the foregoing licenses to TuneIn, including any sound recordings (and any musical works embodied therein). You agree to execute and deliver such documents and provide all assistance reasonably requested by TuneIn to give to TuneIn the full benefit of the rights granted to TuneIn by you, including but not limited to, providing evidence of your ownership of, or licenses for you to Use, Your Content. For the avoidance of doubt, the rights granted in this License Grant section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), publicly perform sound recordings (and the musical works embodied in such sound recordings), and publicly display any lyrics posted by you to the TuneIn Service, all on a royalty free basis, including when Your Content is syndicated and made available through any Third Party Sites. This means that you are granting TuneIn the right to Use Your Content without the obligation to pay any royalties to any sound recording copyright owners (e.g. a record label), musical work copyright owners (e.g. a music publisher), a musical works performing rights organization (a “PRO”), a sound recording PRO (e.g., SoundExchange, Inc.), any unions or guilds, and engineers, producers or other participants involved in the creation of Your Content. You are solely responsible for complying with any obligations you have to provide any third party, including a PRO, with the royalty free license granted in this Agreement.
Requirement that You Be an Owner of or Fully Authorized to Grant the Rights to Your Content. If you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of Your Content you intend to upload or transmit to or through the TuneIn Service, then you must not upload Your Content to or through the TuneIn Service. In addition, if you only own the rights in and to a sound recording, for example, but not to the underlying musical works embodied in such sound recordings, then you must not upload such sound recordings to the TuneIn Service unless you obtain all necessary rights, licenses, authorizations, permissions, and clearances with respect to such embedded musical works that grant you sufficient rights to sublicense to TuneIn according to this Agreement. TuneIn may require that you provide sufficient evidence of having all necessary rights, licenses, authorizations, permissions, and clearances for any of Your Content you upload to or through the TuneIn Service and if you fail to provide such evidence within a reasonable period of time determined by TuneIn in its sole discretion, then TuneIn may remove some or all of Your Content from the TuneIn Service and/or terminate your account, without any liability to you. You are responsible for keeping copies of such evidence.
Limitations: TuneIn has the right, but not the obligation, to monitor the TuneIn Service, Third Party Content and Your Content, and may remove any of Your Content or any Third Party Content from the TuneIn Service for any reason in its sole discretion at any time, without or without notice and without any liability to you. You acknowledge that TuneIn may establish general practices and limits concerning use of the TuneIn Service, including without limitation the maximum period of time that Your Content or Third Party Content, data or other content will be retained by the TuneIn Service and the maximum storage space that will be allotted on TuneIn’s servers on your behalf. You acknowledge and agree that TuneIn may preserve any content and may also disclose any content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of TuneIn, its users and the public. You understand that TuneIn does not guarantee any confidentiality with respect to Your Content and will have no responsibility or liability for Your Content that is deleted from the TuneIn Service.
16. Termination Of Service
You may terminate your account(s), 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 either email@example.com (for TuneIn Guide related communications) or firstname.lastname@example.org (for TuneIn OpenMic related communications). Notwithstanding anything to the contrary in this Agreement, TuneIn has the right to immediately suspend or terminate your account(s) at any time for any 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 at any time and for any reason in TuneIn’s sole discretion, with or without notice to you. In addition, TuneIn may notify authorities or take any actions it deems appropriate, without notice to you, if TuneIn suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of this Agreement or any policies or rules established by TuneIn through any of the foregoing; or (ii) engaged in actions relating to or in the course of using the TuneIn Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, TuneIn, the TuneIn Service, the TuneIn Service users or any other third parties.
You may cancel your paid subscription to the TuneIn Service at any time. If you cancel your subscription, you will have access to the full TuneIn Service until the date that would have been your next Billing Date. To cancel an ongoing subscription, please follow the process set forth on the help center on the Site.
Once you have unsubscribed, we will stop billing your applicable payment method. All fees and charges paid by you prior to cancellation are non-refundable, including any payments(s) for a subscription term during which you cancel your subscription, to the extent permitted by applicable law. Cancellation of your subscription does not relieve you of any obligations to pay accrued charges.
TuneIn, at its sole discretion, with or without prior notice, may freeze or cancel your use of the subscription service and your account for any reason. TuneIn may also, in its sole discretion and at any time, modify or discontinue the TuneIn Service, or any part thereof, with or without notice. If, however, you have signed up for the subscription service and TuneIn cancels such service without cause, TuneIn will offer a pro-rated, unearned portion of any amounts that you have prepaid to TuneIn for such subscription service. All accrued rights to payment and the terms of Section 13-26 shall survive termination of this Agreement.
After any termination, you understand and acknowledge that we will have no further obligation to provide the TuneIn Service to you, except as otherwise described herein. Upon termination, all licenses and other rights granted to you by this Agreement will immediately cease, except as otherwise described herein. TuneIn is not liable to you or any third party for termination of the TuneIn Service or termination of your use of the TuneIn Service. Upon any termination or suspension, any information (including Your Content) that you have Posted to the TuneIn Service or that is related to your account may no longer be accessed by you. Furthermore, TuneIn will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. You acknowledge and agree that TuneIn shall not be required to delete any of Your Content that may be stored on any servers or other back up media owned or controlled by or on behalf of TuneIn following the termination of your account.
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 your compliance with 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, translate, 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 all right, title, and ownership of the Software, TuneIn copyrights and trademarks, and all Content (excluding Your Content and Third Party 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 Third Party 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, in whole or in part, except that the foregoing does not apply to Your Content (as defined above) that you legally post to the TuneIn Service in accordance with this Agreement. 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 TuneIn Service other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by TuneIn.
18. Interactions between TuneIn Service Users
You are solely responsible for your interactions (including any disputes) with other TuneIn Service users. You understand that TuneIn does not in any way screen TuneIn Service users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the TuneIn Service and disclosing personal information to other TuneIn Service users. You agree to take reasonable precautions in all interactions with other TuneIn Service users, particularly if you decide to meet a TuneIn Service user offline, or in person. Your use of the TuneIn Service, Third Party Content and any other information or materials made available through the TuneIn Service is at your sole risk and discretion and TuneIn hereby disclaims any and all liability to you or any third party relating thereto. TuneIn reserves the right to contact users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Agreement. You will comply fully with TuneIn to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized TuneIn representatives access to any password-protected portions of your TuneIn account(s).
You agree to defend, indemnify and hold harmless TuneIn, its officers, directors, employees and agents, from and against any and all third party claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your breach of any term of this Agreement, (ii) Your Content (including, but not limited to, any claim that Your Content caused damage to a third party or violates any third party right) or (iii) your use, access or misuse of the TuneIn Service. TuneIn shall provide notice to you of any such claim, suit or demand but if TuneIn is unable to communicate with you in a timely manner because of an inactive e-mail address, your indemnification obligation will continue notwithstanding TuneIn’s inability to contact you in a timely manner. 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. You agree not to settle any matter without the prior written consent of TuneIn.
20. 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 Service 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 licenses 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) the Use of Your Content as authorized in this Agreement will not require TuneIn or any third party sublicensees of TuneIn to obtain any further licenses from or pay any royalties to any third parties for such Use.
21. 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 CONTENT, 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 YOUR CONTENT AND 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, ANY DEVICES YOU USE TO ACCESS THE TUNEIN SERVICE, 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.
YOU FURTHER UNDERSTAND THAT WHEN USING THE TUNEIN SERVICE, YOU MAY BE EXPOSED TO MESSAGES, USER CONTENT, MERCHANDISE, THIRD PARTY ADVERTISING, AND OTHER CONTENT FROM A VARIETY OF SOURCES, AND THAT TUNEIN IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING THERETO. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO MESSAGES, USER CONTENT, MERCHANDISE, THIRD PARTY ADVERTISING, AND OTHER CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST TUNEIN WITH RESPECT THERETO. UNDER NO CIRCUMSTANCES WILL TUNEIN BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY MESSAGES, USER CONTENT, MERCHANDISE, THIRD PARTY ADVERTISING, AND OTHER CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING ACCESSIBLE ON OR THROUGH THE TUNEIN SERVICE.
YOU ACKNOWLEDGE THAT NO OFFICER, EMPLOYEE, REPRESENTATIVE, OR AGENT OF TUNEIN OR ANY OF ITS SUBSIDIARIES HAS ANY AUTHORITY, EXPRESS OR IMPLIED, TO MAKE ANY REPRESENTATIONS, WARRANTIES OR AGREEMENTS NOT SPECIFICALLY SET FORTH IN THESE TERMS AND SUBJECT TO THE LIMITED REMEDIES HEREIN PROVIDED. YOU SPECIFICALLY DISCLAIM THAT YOU ARE RELYING UPON OR HAVE RELIED UPON ANY SUCH OTHER REPRESENTATIONS, ADVICE, OR WARRANTIES, WHETHER ORAL OR WRITTEN, THAT MAY HAVE BEEN MADE BY AN OFFICER, EMPLOYEE, REPRESENTATIVE OR AGENT OF TUNEIN, THROUGH THE TUNEIN SERVICE OR BY ANY PERSON, AND ACKNOWLEDGE AND AGREE THAT TUNEIN HAS SPECIFICALLY DISCLAIMED AND DOES HEREBY SPECIFICALLY DISCLAIM ANY SUCH OTHER REPRESENTATION, ADVICE OR WARRANTY MADE BY AN OFFICER, EMPLOYEE, REPRESENTATIVE OR AGENT OF TUNEIN, THROUGH THE TUNEIN SERVICE OR ANY PERSON NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS 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 SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TUNEIN, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TUNEIN IN LIGHT OF TUNEIN’S OFFERING MANY OF THE FUNCTIONALITIES OF THE TUNEIN SERVICE FOR FREE, TUNEIN’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT TUNEIN WOULD NOT BE ABLE TO OFFER THE TUNEIN SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
22. Limitations of TuneIn's Liability
IN NO EVENT AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL TUNEIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR 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, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE TUNEIN SERVICE, USE OF THE TUNEIN SERVICE THROUGH YOUR ACCOUNT BY A THIRD PARTY OR YOUR CONTENT, 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 LESSER OF (I) THE AGGREGATE AMOUNT YOU PAID TO TUNEIN IN THE PRECEDING TWELVE MONTHS OR (II) ONE HUNDRED U.S. DOLLARS ($100).
YOU UNDERSTAND THAT THESE LIMITATIONS OF TUNEIN AND TUNEIN’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS AGREEMENT.
23. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
Respect of Third Party Rights. TuneIn respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the TuneIn Service.
Repeat Infringer Policy. TuneIn’s intellectual property policy is to (i) remove material that TuneIn believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the TuneIn Service, and (ii) remove any Third Party Content Posted to the TuneIn Service by “repeat infringers.” TuneIn considers a “repeat infringer” to be any user that has Posted Third Party Content to the TuneIn Service and for whom TuneIn has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such Third Party Content. TuneIn has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon TuneIn’s own determination.
Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the TuneIn Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” to TuneIn's Designated Agent at email@example.com (subject line: "DMCA Takedown Request"). You may also contact the TuneIn Designated Agent by mail or facsimile at:
Attention: Designated Copyright Agent
139 Townsend Street
San Francisco, CA 94107
Notice: To be effective, a Notification of Claimed Infringement must be in writing and contain the following information:
Counter-Notice: If you believe that the relevant content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the owner of the work allegedly infringed or their agent, or pursuant to the law, to post and use such content, you may send a written counter-notice containing the following information to TuneIn’s Designated Agent:
If a counter-notice is received by the Designated Agent, TuneIn will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at TuneIn’s sole discretion.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:
17 U.S.C. § 512(f).
TuneIn reserves the right to seek damages from any party that submits a notification of claimed infringement or counter notification in violation of the law.
No Obligation to Adjudicate: TuneIn is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims.
24. Dispute Resolution
TuneIn is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user of the TuneIn Service. All disputes between users are subject to the provisions of Section 18. Disputes between You and TuneIn, however, are subject to this Section 24.
Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND TUNEIN AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE TUNEIN SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a jury or judge, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
(i) Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to TuneIn, to you via any other method available to TuneIn, including via e-mail. The Notice to TuneIn should be addressed to: TuneIn, Inc., Attn: Legal Department, 285 Hamilton Avenue, 5th Floor, Palo Alto, CA 94301 (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and TuneIn do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TuneIn may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules are available online at http://www.jamsadr.com/rules-comprehensive-arbitration/ or by calling JAMS at 1-800-352-5267. If you are required to pay a filing fee to commence an arbitration against TuneIn, then TuneIn will promptly reimburse you for your confirmed payment of the filing fee upon TuneIn’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
(ii) Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and TuneIn agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(iii) No Class Actions. YOU AND TUNEIN AGREE THAT YOU AND TUNEIN MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION PROVISION SHALL BE NULL AND VOID.
(iv) Decision of the Arbitrator. The arbitration must commence within forty-five (45) days of your providing a Demand to TuneIn. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 180 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in this Agreement and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under this 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. The arbitrator shall apply the laws of the State of California in conducting the arbitration. You acknowledge that this Agreement and your use of the TuneIn Service evidence a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.
Choice of Law; Choice of Forum. This Agreement and your use of the TuneIn Service shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration section is deemed to be null and void, then all disputes arising between you and TuneIn under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, and you and TuneIn hereby submit to the personal jurisdiction and venue of these courts.
Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which TuneIn seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by TuneIn or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against TuneIn, including with respect to any of Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in this Agreement.
Claims. You and TuneIn agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement or the TuneIn Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Improperly Filed Claims. All claims you bring against TuneIn must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, TuneIn may recover attorneys’ fees and costs up to $5,000, provided that TuneIn has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. 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. 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. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TuneIn as a result of this Agreement or use of the TuneIn Service. You further acknowledge that by submitting Your Content, no confidential, fiduciary, contractually implied or other relationship is created between you and TuneIn other than pursuant to this Agreement. 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. This Agreement shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by TuneIn as authorized in this Agreement. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. No failure or delay on the part of TuneIn in the exercise of any power or right under this Agreement shall operate as a waiver thereof. No single or partial exercise of any right or power under this Agreement shall operate as a waiver of such right or of any other right or power. The waiver by TuneIn of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach of this Agreement. The heading references in this Agreement are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. You acknowledge and agree that Apple, Inc. (“Apple”) and Apple's subsidiaries, and General Motors LLC (“GM”) and GM’s subsidiaries, are third party beneficiaries of this Agreement, and that Apple and/or GM will have the right to enforce this Agreement against you as a third party beneficiary thereof.
English language version shall control
The English language version of this Agreement is the version that governs your use of the TuneIn Service and in the event of any conflict between the English language version and a translated version, the English language version will control. You expressly agree that this Agreement and all ancillary documents be drafted solely in English; Vous consentez expressément à ce que cette entente et tous les documents y afférents soient rédigées en anglais seulement.
26. Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org (for TuneIn Guide related communications) or email@example.com (for TuneIn OpenMic related communications) to report any violations of this Agreement, pose any questions regarding this Agreement or the TuneIn Service, or provide any suggestions. You agree, however, that if you elect to provide suggestions, ideas, proposals, concepts or other feedback to us (whether written, verbal or in any other format or manner) in connection with this Agreement or the TuneIn Service (“Suggestions”), you acknowledge and agree that we have no obligation (whether of confidentiality, compensation or otherwise) with respect to such Suggestions and we will be free to use and exploit the same in any manner without restriction of any kind. You acknowledge and agree that all Suggestions will be the sole and exclusive property of TuneIn. You hereby irrevocably transfer and assign to TuneIn all of your right, title and interest in and to all Suggestions, including all intellectual property rights therein. At TuneIn’s request and expense, you will execute documents and take such further acts as TuneIn may reasonably request to assist TuneIn to acquire, perfect and maintain its intellectual property rights and other legal protections for the Suggestions. You also acknowledge and agree that TuneIn is engaged in creating and developing its own programs, plans and projects so it is possible that we are already independently developing products, services, plans and projects that are quite similar and/or competitive to your Suggestions (including the concepts contemplated by or embodied therein). Nothing in this Agreement will be construed as a representation or agreement that we will not develop or have developed, distribute, market or promote applications, services, products, concepts, systems or techniques that are similar to and/or compete with the applications, services, products, concepts, systems or techniques contemplated or embodied in any Suggestions or compensate you or provide you with any input or response with regard to your Suggestions.
To print out this Agreement, you may visit www.tunein.com/policies.
NOTICE FOR APPLE USERS. You acknowledge that this Agreement is between you and TuneIn only, not with Apple, and Apple is not responsible for the Application or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Application. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Application, Apple will have the right (and will be deemed to have accepted the right) to enforce this Application against you as a third party beneficiary of this Application. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.