Terms of Service

Welcome to the SOMAFM, Inc. ("SOMAFM") website and internet radio service. These Terms of Service ("TOS") govern your access to and use of this website and internet radio service as well as and any information, content or material appearing on this website. Your right to access and use this website and streaming audio is expressly conditioned on your compliance with the terms and conditions set forth or incorporated into these TOS. Please read these TOS carefully. By accessing or using this website, you agree to be bound by these TOS.

SOMAFM may modify these TOS from time to time. By continuing to access or use this website, you agree to be bound by the revised TOS. The most current TOS can be found at http://www.SOMAFM.com/legal/tos.html.

Safeguarding user name and password

When you register on this website and establish an account you will receive a user name and password. Please safeguard your user name and password. You accept responsibility for any use of this website under your user name or account. You will promptly notify SOMAFM if you become aware of any unauthorized use of your user name or account. You may be held liable for all losses or damages incurred by SOMAFM or any other user of or visitor to this website as a result of someone else using your user name or account. You may not use anyone else's user name or account without the express consent of the owner of that user name and account.

Termination

You may terminate your account at any time. You acknowledge and agree that SOMAFM has the right to terminate your right to access and use this website if you violate these TOS or any other agreements or guidelines associated with your use of this website. SOMAFM reserves the right to discontinue providing or to change this website at any time and without notice.

Privacy Policy

SOMAFM respects the privacy of others. These TOS incorporate the terms of SOMAFM's Privacy Policy, which may be found at http://www.SOMAFM.com/legal/privacy.html.

Copyright Policy

SOMAFM respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display or public performance of a copyrighted work is an infringement of the copyright holder's rights. You agree to comply with the terms of SOMAFM's Copyright Policy, which may be found at http://www.SOMAFM.com/legal/copyright.html.

Proprietary Rights

SOMAFM and its licensors own all right, title, and interest in and to this website and all information, content, text, graphics, or other materials appearing on this website. This website is protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly permitted in these TOS, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use this website, or any portion thereof. You may not use this website on or in connection with any other website, for any purpose.

Trademarks

SOMAFM, the SOMAFM logo, and all other SOMAFM trademarks, service marks, product names, and trade names of SOMAFM appearing on this website are owned by SOMAFM.com, LLC. All other trademarks, service marks, product names, and logos appearing on this website are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name or logo appearing on this website without the owner's prior written consent.

User Conduct

As a condition to your use of this website, you agree not to:

  • interfere with or disrupt this website or any systems or networks connected to this website;
  • attempt to access or use any secured areas of this website or circumvent any security or authentication measures;
  • attempt to probe, scan or test the vulnerability of this website or any systems or networks connected to this website;
  • reverse engineer, decompile or disassemble any of the software used to provide this website;
  • use any engine, software, tool, agent or device, including any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, search or monitor this website or any information, content, text, graphics, or other materials appearing on this website, other than the software and/or search agents provided by SOMAFM or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
  • attempt to obtain, collect, store or modify any personal information of other users of this website;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information, content or material transmitted through this website;
  • upload, post, email, transmit or otherwise make available any information, content or material that 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;
  • upload, post, email, transmit or otherwise make available any information, content or material that is false, misleading, threatening, abusive, defamatory, obscene or pornographic, or invades another's privacy, or promotes bigotry, racism, hatred or harm against any individual or group, or infringes another's rights, including any intellectual property rights;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.

SOMAFM reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SOMAFM may involve and cooperate with law enforcement authorities in prosecuting users who violate these TOS. You acknowledge that SOMAFM has no obligation to pre-screen or monitor your access to or use of this website or any information, content or material provided or made available through this website, but has the right to do so for the purpose of operating this website, to ensure your compliance with these TOS, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You hereby agree that SOMAFM may, in its sole discretion, remove or delete any information, content or material that violates these TOS or that is otherwise objectionable.

User Content

No compensation will be paid with respect to the use of any information, content or material that you upload, post, transmit or otherwise make available through this website. You grant to SOMAFM an unrestricted, irrevocable license to use, reproduce, modify, distribute, publicly display, publicly perform and transmit all such information, content and material and to sublicense others to do so on SOMAFM's behalf in connection with this website.

Links

This website may provide links to third-party websites. You acknowledge and agree that SOMAFM is not responsible or liable for the reliability, availability or accuracy of such websites or the content, products or services on or available from such websites. The inclusion of any link on this website does not imply that SOMAFM endorses, recommends or is affiliated with any linked websites or the content, products or services on or available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

DISCLAIMER OF WARRANTIES

THIS WEBSITE IS PROVIDED "AS IS". SOMAFM MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMAFM DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUROSE AND NON-INFRINGEMENT. SOMAFM MAKES NO WARRANTY THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY INFORMATION, CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE.

LIMITATION OF LIABILITY

NEITHER SOMAFM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, INFORMATION OR DATA OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, WHETHER OR NOT SOMAFM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT SOMAFM'S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THIS WEBSITE IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold harmless SOMAFM, its officers, directors, employees and agents from and against claims, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and professional fees, arising out of or in any way connected with your access to or use of this website or your violation of these TOS.

Notice

SOMAFM may provide you with notices, including those regarding changes to this website by email, regular mail or by postings on this website.

Void Where Prohibited

SOMAFM administers and operates this website from its location in the United States. Although this website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on this website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. SOMAFM reserves the right, in its sole discretion, to limit the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on this website is void where prohibited. If you choose to access this website from outside the United States, you are solely responsible for complying with all laws applicable thereto.

Arbitration

All disputes, controversies or claims arising out of or relating to these TOS will be resolved through binding arbitration conducted in San Francisco, California in accordance with: (i) the Federal Arbitration Act; (ii) the then-current commercial arbitration rules of the American Arbitration Association (the "AAA"); and (iii) these TOS. The terms set forth in these TOS will control in the event of any inconsistency between such terms and the AAA rules. The arbitration will be conducted by a single arbitrator reasonably familiar with the technology and business covered by these TOS selected by mutual agreement of the parties. If the parties fail to select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then the AAA will appoint an arbitrator in accordance with its rules. The award of the arbitrator will be in writing setting forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties.

General

These TOS are the entire and exclusive agreement between SOMAFM and you regarding this website, and these TOS supersede and replace any prior agreements between SOMAFM and you regarding this website. You agree to comply with any additional terms and conditions that may apply when you use or purchase certain other SOMAFM or third-party products or services. These TOS will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of laws rules or principles. The failure of SOMAFM to exercise or enforce any right or provision of these TOS will not be deemed a waiver of such right or provision. If any provision of these TOS is held to be invalid or unenforceable, the remaining provisions of these TOS will remain in full force and effect.

If you have any questions about these TOS please contact SOMAFM customer support.




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