Terms of Service - UtahInternetRadio.com

Your Acceptance

• By using and/or visiting this website (collectively, including all content and functionality available through the UtahInternetRadio.com domain name, "Utah Internet Radio", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2)The Privacy Policy, found at http://www.utahinternetradio.com/privacy. If you do not agree to any of these terms or the Privacy Policy, please do not use this Website.
• Utah Internet Radio may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. You should periodically review the most up-to-date version (http://www.utahinternetradio.com/tos.htm).

Utah Internet Radio Website

• These Terms of Service apply to all users of the Utah Internet Radio Website.
• The Utah Internet Radio Website may contain links to third party websites that are not owned or controlled by Utah Internet Radio. Utah Internet Radio has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you expressly relieve Utah Internet Radio from any and all liability arising from your use of any third-party website.
• We encourage you read the terms and conditions and privacy policy of each third-party website that you visit.

Utah Internet Radio Accounts

• In order to upload music, you will have to create a Utah Internet Radio account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Utah Internet Radio immediately of any breach of security or unauthorized use of your account.
• Although Utah Internet Radio will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Utah Internet Radio or others due to such unauthorized use.
• Each original song file may be included in one account only.
• Accounts can only be made for bands residing in Utah.

General Use of the Website—Permissions and Restrictions

Utah Internet Radio hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

• You agree not to distribute in any medium any part of the Website without Utah Internet Radio's prior written authorization.
• You agree not to alter or modify any part of the Website.
• You agree not to access Music (defined below) or Utah Internet Radio Content through any technology or means other than the home page of the Website itself, or other explicitly authorized means Utah Internet Radio may designate.
• You agree not to use the Website for any commercial use.
• Prohibited commercial uses do not include uploading an original song to Utah Internet Radio to promote your band.
• You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to accesses the Website. Notwithstanding the foregoing, Utah Internet Radio grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Utah Internet Radio reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website for any commercial solicitation purposes.
• In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
• Utah Internet Radio reserves the right to discontinue any aspect of the Utah Internet Radio Website at any time.

Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Utah Internet Radio Website.

• The content on the Utah Internet Radio Website, except all Music (as defined below), including without limitation, the text, software, scripts, graphics, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Utah Internet Radio, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Utah Internet Radio reserves all rights not expressly granted in and to the Website and the Content.
• You may access the Music for your information and personal use solely as intended through the provided functionality of the Utah Internet Radio Website. You shall not copy or download any Music.
• You may access Utah Internet Radio Content, Music and other content only as permitted under this Agreement. Utah Internet Radio reserves all rights not expressly granted in and to the Utah Internet Radio Content and the Utah Internet Radio Website.
• You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Music of third parties obtained through the Website for any commercial purposes.
• You agree not to circumvent, disable or otherwise interfere with security-related features of the Utah Internet Radio Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Utah Internet Radio Website or the Content therein.
• You understand that when using the Utah Internet Radio Website, you will be exposed to Music from a variety of sources, and that Utah Internet Radio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Music. You further understand and acknowledge that you may be exposed to Music 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 Utah Internet Radio with respect thereto, and agree to indemnify and hold Utah Internet Radio, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Your Content Submissions and Conduct

• As a Utah Internet Radio account holder you may submit audio content ("Music"), and may list your band's URL. You understand that whether or not such submissions are published, Utah Internet Radio does not guarantee any confidentiality with respect to any Music/band URL.
• You understand that Utah Internet Radio does not guarantee that your Music/band URL will be published on its Website.
• You shall be solely responsible for your own Music and the consequences publishing it. In connection with Music, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Utah Internet Radio to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Music to enable inclusion and use of the Music in the manner contemplated by the Website and these Terms of Service.
• For clarity, you retain all of your ownership rights in your Music. However, by submitting Music to Utah Internet Radio, you hereby grant Utah Internet Radio a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Utah Internet Radio Website and Utah Internet Radio's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Utah Internet Radio Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Utah Internet Radio Website a non-exclusive license to access your Music through the Website, under these Terms of Service. The above licenses granted by you in Music terminate within a commercially reasonable time after you remove or delete your Songs from the Utah Internet Radio Website. You understand and agree, however, that Utah Internet Radio may retain, but not display, distribute, or perform, server copies of Music that have been removed or deleted.
• In connection with Music, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Utah Internet Radio all of the license rights granted herein.
• You further agree that you will not, in connection with Music, submit material that is not a song, including but not limited to, advertisements, non-music recordings, and non-MP3 format files.
• Utah Internet Radio does not endorse any Music or any opinion, recommendation, or advice expressed therein, and Utah Internet Radio expressly disclaims any and all liability in connection with the Music. Utah Internet Radio does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Utah Internet Radio will remove all Content and Music if properly notified that such Content or Music infringes on another's intellectual property rights. Utah Internet Radio reserves the right to remove Content and Music without prior notice.

Account Termination Policy

• Utah Internet Radio will terminate a User's account and/or access to its Website if, under appropriate circumstances, they are determined to be an infringer.
• Utah Internet Radio reserves the right to decide whether Content, Music, or band URLs are appropriate and comply with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, miscategorization, or excessive length. Utah Internet Radio may reclassify or remove such Music, remove unrelated/inappropriate band URLs, and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Copyright

• If you are a copyright owner or an agent thereof and believe that any Music or other content infringes upon your copyrights, you may submit a notification to Utah Internet Radio.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE UTAH INTERNET RADIO WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UTAH INTERNET RADIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. UTAH INTERNET RADIO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE UTAH INTERNET RADIO WEBSITE. UTAH INTERNET RADIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE UTAH INTERNET RADIO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND UTAH INTERNET RADIO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL UTAH INTERNET RADIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE UTAH INTERNET RADIO WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT UTAH INTERNET RADIO SHALL NOT BE LIABLE FOR MUSIC OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Utah Internet Radio from its facilities in the United States of America. Utah Internet Radio makes no representations that the Utah Internet Radio Website is appropriate or available for use in other locations. Those who access or use the Utah Internet Radio Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Utah Internet Radio, its parent LLC, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Utah Internet Radio Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Music caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Utah Internet Radio Website.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, 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 these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Utah Internet Radio Website is not intended for children under 13.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Utah Internet Radio without restriction.