Currently, Live365 provides the Services free of charge to listeners. You are responsible for paying any applicable taxes and for all hardware, software, service and other costs you may incur in connection with the Services, including costs incurred in connecting to the Site via the Internet, wireless service, or other means. Live365 reserves the right, at any time, to charge fees for access to the Site or for any of its Services. Live365 will notify you of any such fees by posting information regarding such fees on the Site and/or by other communication.
You agree not to post, upload or transmit to the Site or to Live365's servers any sound recordings, communications, text, graphics, digital content, or other information (collectively, "Material") that:
- is obscene, fraudulent, indecent, discourteous, racially offensive, or abusive;
- defames, abuses, harasses or threatens others;
- contains any computer viruses, Trojan horses, worms, time bombs, cancelbots, ransomware, rootkits, keyloggers, dialers, spyware, adware, malicious BHOs, rogue security software or other malicious programs, disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- advocates or encourages any illegal activity;
- infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party;
- violates the privacy of individuals, including other users of the Site; or
- violates any applicable local, state, national, or international law.
Live365 in its sole discretion shall determine your compliance with the foregoing guidelines. Live365 reserves the exclusive rights to delete from the Site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason and to terminate, suspend, and/or otherwise deny Site access to any user determined to have violated the foregoing guidelines for any reason.
Uploading Sound Recordings.
The uploading of original sound recordings by you to the Site is governed by a License and Release.
Transmission of Internet Radio Programs.
Other Restrictions on Use.
Any third-party sites to which the Site may link are not under Live365's control or supervision. Live365 does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, Live365 does not intend links contained on the Site to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them. Such links are provided for user convenience only.
THE SERVICES, INFORMATION, CONTENT, AUDIO TRANSMISSIONS OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITE (COLLECTIVELY, "Information") ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Live365 MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. Live365 MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITE, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 5, Live365 SHALL HAVE NO LIABILITY FOR:
- any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Site or the Services;
- any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
- any decision made or action taken or not taken in reliance upon the Information furnished hereunder;
- any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use by you of the Internet generally;
- any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Services or the Site, even if Live365 has been advised of the possibility of such damages; or
You represent and warrant that:
- all factual assertions that you have made and will make to Live365.com are true and complete; and
Live365.com reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, databases or content. Live365.com will attempt to provide reasonable notice of such changes to the Services or the Site. Live365.com may also impose limits on features or restrict access to parts of the Site.
Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to Live365.com's Designated Agent at email@example.com.
- Any delay or failure on the part of Live365.com to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.
© 2005-2014 Live365, Inc. All rights reserved. Live365.com and the Live365.com logo are trademarks of Live365, Inc. All other trademarks, product names, and company names or logos cited herein remain the property of their respective owners.
The Services hereunder are offered by Live365, Inc., located at 950 Tower Lane, Suite 1550, Foster City, CA 94404. Our phone number is 650-345-7400. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Fees for services offered by us are available as described in Section 1.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.