1. Your Acceptance
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. Bear Radio Network 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. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
C. This Site is offered and made available only to users 18 years of age or older. If you are not yet 18 years old, please discontinue using the Site immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Site.
2. Bear Radio Network Website
A. These Terms of Service apply to all users of the Bear Radio Network Website, including users who are also contributors of audio and/or video content, information, and other materials or services on the Website. The Bear Radio Network Website includes all aspects of BRN, including but not limited to Bear Radio Network “Streaming Audio Feeds”.
B. The Bear Radio Network Website may contain links to third party websites that are not owned or controlled by BRN. Bear Radio Network has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BRN will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Bear Radio Network from any and all liability arising from your use of any third-party website.
3. Bear Radio Network Accounts
A. In order to access some features of the Website, you may have to create a BRN 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 BRN immediately of any breach of security or unauthorized use of your account.
B. Although Bear Radio Network will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Bear Radio Network or others due to such unauthorized use.
4. General Use of the Website — Permissions and Restrictions
Bear Radio Network hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to Artist Submissions, without Bear Radio Network’s prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Bear Radio Network’s Embeddable Player or any of its related technologies.
C. You agree not to access Bear Radio Network Content through any technology or means other than “playback only” technology or means.
D. You agree not to use the Website for any commercial use, without the prior written authorization of Bear Radio Network. Prohibited commercial uses include any of the following actions taken without Bear Radio Network’s express approval:
- sale of access to the Website or its related services on another website;
- use of the Website or related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Bear Radio Network website or any third-party website, targeted to the content of specific Artist Submissions or Bear Radio Network content;
- and any use of the Website or its related services that BRN finds, in its sole discretion, to use Bear Radio Network’s resources or Artist Submissions with the effect of competing with or displacing the market for Bear Radio Network, BRN content, or its Artist Submissions.
E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Bear Radio Network servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Bear Radio Network 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. Bear Radio Network reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.
F. You will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
G. Bear Radio Network reserves the right to discontinue any aspect of the Bear Radio Network Website at any time.
5. 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 Bear Radio Network Website.
A. The content on the Bear Radio Network Website, except all Artist Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Bear Radio Network, 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. Bear Radio Network reserves all rights not expressly granted in and to the Website and the Content.
B. You may access Bear Radio Network Feeds solely:
- for your information and personal use;
- as intended through the normal functionality of the Bear Radio Network Service; and
- for Streaming.
“Streaming” means a contemporaneous digital transmission of an audio visual work via the Internet from the Bear Radio Network Servers to a user’s device in such a manner that the data is intended for real-time listening/viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing
the BRN audio feeds for any purpose or in any manner other than Streaming is expressly prohibited.
C. You may access Bear Radio Network Content and other content only as permitted under this Agreement. BRN reserves all rights not expressly granted in and to the Bear Radio Network Content and the Bear Radio Network Servers.
D. 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
Artist Submissions of third parties obtained through the Website for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
F. You understand that when using the Bear Radio Network Website, you will be exposed to Artist Submissions from a variety of sources, and that Bear Radio Network is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Artist Submissions. You further understand and acknowledge that you may be exposed to Artist Submissions that are 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 Bear Radio Network with respect thereto, and agree to indemnify and hold Bear Radio Network, 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.
6. Artist Submissions
A. Artists or their legal representatives (including but not limited to their record company or public relations agent) may submit audio, graphic and textual content. Artist audio, graphic and textual content are collectively referred to as “Artist Submissions.” You understand that whether or not such Artist Submissions are published, Bear Radio Network does not guarantee any confidentiality with respect to any Artist Submissions.
B. You shall be solely responsible for your own artist submission(s) and the consequences of submitting them. In connection with Artist Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Bear Radio Network to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Artist Submissions to enable inclusion and use of the Artist Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your Artist Submissions. However, by submitting Artist Submissions to Bear Radio Network, you hereby grant Bear Radio Network a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Artist Submissions in connection with the Bear Radio Network Website and BRN’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Bear Radio Network Website (and derivative works thereof) in any media formats and through any media channels.
D. In connection with Artist Submissions, 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 (including performance rights) to submit the material and to grant Bear Radio Network all of the license rights granted herein.
E. Bear Radio Network does not endorse any Artist Submission or any opinion, recommendation, or advice expressed therein, and Bear Radio Network expressly disclaims any and all liability in connection with Artist Submissions. Bear Radio Network does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Bear Radio Network will remove all Content and Artist Submissions if properly notified that such Content or Artist Submission infringes on another’s intellectual property rights. Bear Radio Network may remove such Artist Submissions for violation of these Terms of Service at any time, without prior notice and at its sole discretion.
F. Bear Radio Network reserves the right to decide whether Content or an Artist Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, poor quality, deemed not appropriate for the BRN format, or excessive length. Bear Radio may edit for time any Artist Submission without prior notice and at its sole discretion, and adding “Radio Edit” to the title of the Artist Submission.
7. Account Termination Policy
A. Bear Radio Network will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
8. Digital Millenium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any Artist Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Email: firstname.lastname@example.org You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE BEAR RADIO NETWORK WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BEAR RADIO NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BEAR RADIO NETWORK 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 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 THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BEAR RADIO NETWORK WEBSITE. BEAR RADIO NETWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BEAR RADIO NETWORK WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BEAR RADIO NETWORK 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.
10. Limitation of Liability
IN NO EVENT SHALL BEAR RADIO NETWORK, 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 BEAR RADIO NETWORK 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 BEAR RADIO NETWORK SHALL NOT BE LIABLE FOR ARTIST SUBMISSIONS 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 Bear Radio Network from its facilities in the United States of America. Bear Radio Network makes no representations that the Bear Radio Network Website is appropriate or available for use in other locations. Those who access or use the Bear Radio Network Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Bear Radio Network , its parent corporation, 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
Bear Radio Network 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 one of the Artist Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Bear Radio Network Website.
12. Ability to Accept Terms of Service
You affirm that you are 18 years of age or older 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.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bear Radio Network without restriction.
You agree that: (i) the Bear Radio Network Website shall be deemed solely based in New York; and (ii) the Bear Radio Network Website shall be deemed a passive website that does not give rise to personal jurisdiction over Bear Radio Network, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Bear Radio Network that arises in whole or in part from the Bear Radio Network Website shall be decided exclusively by a court of competent jurisdiction located in Erie County, New York. These Terms of Service, together with the Privacy Notice and any other legal notices published by Bear Radio Network on the Website, shall constitute the entire agreement between you and Bear Radio Network concerning the Bear Radio Network Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Bear Radio Network’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Bear Radio Network reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Bear Radio Network Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BEAR RADIO NETWORK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BEAR RADIO NETWORK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Termination of Artist Submission
The above licenses granted by you as artist can be terminated within a commercially reasonable time after you notify Bear Radio Network in writing. Except as provided herein, the above licenses granted by you in Artist Submissions are perpetual and irrevocable