End User License Agreement And Terms Of Service
Last Updated: April 21, 2018
Material Terms: As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
the Service is licensed, not sold to you, and that you may use the Service only as set forth in this EULA;
the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operatorâ€™s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
the Service is provided â€śas isâ€ť without warranties of any kind and WJMX-DB Smooth Jazz Bostonâ€™s liability to you is limited;
disputes arising hereunder will be resolved by binding arbitration. By accepting this EULA, as provided in greater detail in Section 20 of this EULA, you and WJMX-DB Smooth Jazz Boston are each waiving the right to a trial by jury or to participate in a class action; and
if you are using the Service on an iOS-based device, then you agree to and acknowledge the â€śNotice Regarding Apple,â€ť below.
1. The scope of License. The Service is licensed, not sold, to you for use only under the terms of this EULA. WJMX-DB Smooth Jazz Boston reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with the terms and conditions of this EULA, WJMX-DB Smooth Jazz Boston hereby grants you a personal, limited, revocable, non-transferable license to use the Service on a single compatible device that you own or control, solely for your own private, personal, non-commercial use. You may not make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, redistribute or sublicense the Service. You may not attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). If you breach these license restrictions or the restrictions set forth in Section 10 or otherwise exceed the scope of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this EULA will govern any updates provided to you by WJMX-DB Smooth Jazz Boston that replace and/or supplement the original Service unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
a. Description. The â€śServiceâ€ť means, collectively, WJMX-DB Smooth Jazz Bostonâ€™s: (a) audio guide service offering access to a selection of indexed radio stations, podcasts, sports, news and other content (the "WJMX-DB Smooth Jazz Boston Guide"), whether available through our website located at www.WJMX-DB Smooth Jazz Boston.com (the â€śSiteâ€ť) or through any software applications made available for mobile devices (â€śGuide Applicationsâ€ť); (b) all software, external players, buttons and widgets, data, text, images, sounds, video, graphics and photos made available by WJMX-DB Smooth Jazz Boston through any of the foregoing; and (c) any updates, new versions, new releases, additional features and functionality that WJMX-DB Smooth Jazz Boston may offer in connection with the foregoing ((a)-(c) collectively, the â€śContentâ€ť). We offer subscriptions to certain portions of the Service in certain locations (â€śSubscriptionsâ€ť). You acknowledge and agree that you may only obtain a Subscription through the Site or applicable Guide Applications. Any end user who accesses and uses the public-facing portions of the Service will be referred to herein as a â€śVisitor,â€ť and any end user who registers for a Subscription will be referred to herein as a â€śSubscriberâ€ť. The term â€śUsersâ€ť refers to Visitors and Subscribers collectively.
b. Consideration. For the portions of the Service that we offer for free, you understand and agree that this EULA is entered into in consideration of your use of these portions of the Service pursuant to this EULA and for other good and valuable consideration, the receipt, and sufficiency of which are hereby acknowledged.
c. Changes to the Service. WJMX-DB Smooth Jazz Boston may at its sole discretion and from time to time change, add or remove features and functionality of the Service without any notice to you. WJMX-DB Smooth Jazz Boston reserves the right to discontinue some or all of the features of the Service at any time at its sole discretion (including the provision of updates). You acknowledge and agree that WJMX-DB Smooth Jazz Boston will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service as described herein. Notwithstanding anything in this EULA to the contrary, if you have signed up for a Subscription and WJMX-DB Smooth Jazz Boston cancels your Subscription without cause, then WJMX-DB Smooth Jazz Boston will offer you the pro-rated, unearned portion of any amounts that you have prepaid to WJMX-DB Smooth Jazz Boston for such Subscription.
d. Changes to this EULA. The Service is owned and operated by WJMX-DB Smooth Jazz Boston, and WJMX-DB Smooth Jazz Boston reserves the right to revise this EULA in an immaterial manner its sole discretion at any time and without prior notice to you other than by posting the revised EULA on the Service. WJMX-DB Smooth Jazz Boston will endeavor to provide prior notice to you of material changes to this EULA. Unless otherwise stated in the Service, revisions to this EULA are effective upon posting and your continued use of the Service after a revised version of this EULA has been posted by WJMX-DB Smooth Jazz Boston to the Service constitutes your binding acceptance of such revised EULA. This EULA will be identified as of the most recent date of revision, and you should visit this page periodically to ensure your continued compliance with and acceptance of the EULA. Notwithstanding the preceding sentences of this Section 2.d, no revisions to this EULA will apply to any dispute between you and WJMX-DB Smooth Jazz Boston that arose prior to the effective date of such revision.
3. The Service
b. Mobile Services. The Service includes certain services that are available via a mobile device, including (a) the ability to browse the Service from a mobile device; and (b) the ability to access certain features of the Service through applications downloaded and installed on a mobile device (collectively, the â€śMobile Servicesâ€ť). To the extent that you access the Service through a mobile device, your wireless service carrierâ€™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, your carrier may restrict downloading, installing, or use certain Mobile Services, and not all Mobile Services may work with all carriers or devices.
c. Service Security. You are prohibited from violating or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at WJMX-DB Smooth Jazz Bostonâ€™s sole discretion. WJMX-DB Smooth Jazz Boston reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service. You agree to promptly notify WJMX-DB Smooth Jazz Boston if you learn or reasonably suspect that any security breach related to the Service has occurred.
4. Registration and Eligibility.
b. The accuracy of Information. You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms and to update the information about yourself promptly, and as necessary, to keep it current and accurate.
c. Subscriptions. If you are eligible to sign up for a Subscription, then you may sign up for a monthly or annual paid Subscription to the Service at any time. If you become a Subscriber, then you will be required to register an account with WJMX-DB Smooth Jazz Boston and you will gain full access to premium audio content made available through the Service as long as you maintain an active Subscription. Please refer to Section 5 below for additional information about Subscriptions plans, payment, and cancellation.
d. Children. WJMX-DB Smooth Jazz Boston does not seek to gather information from or about children under the age of 13 through the Service. The Service is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. You must be at least the age of majority in your jurisdiction to use the Service. Children over the age of 13 but under the age of majority may use the Service only if their parent or legal guardian accepts and agrees to the terms and conditions of this EULA on their behalf and thereby assumes full responsibility for the childâ€™s use of the Service. By using the Service, you affirm that you are (a) either above the age of majority in your jurisdiction; (b) an emancipated minor; or (c) possess legal parental or guardian consent; and (z) fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations, and warranties set forth in this EULA.
5. Fees and Payment Terms.
a. Subscription Fees. The terms below apply to Subscriptions made available through the Service (â€śPayment Termsâ€ť). If you are a Subscriber, then you agree to pay the Subscription Fee (defined in Section 5.b.3 below) on a timely basis. We reserve the right to change the Payment Terms, at our discretion, without prior notice to you.
b. Payment Terms.
1) By using the 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 WJMX-DB Smooth Jazz Boston from time to time at our discretion.
2) We accept various forms of payment, as set forth on the Site from time to time. We do not accept cash or checks. Payments are processed by our third-party payment processor(s).
3) The day when you register for and purchase or activate your Subscription (â€śActivation Dateâ€ť) is the first day of your billing cycle. By providing your payment method and obtaining a Subscription to the Service, you authorize our payment processor to charge to your designated payment method the applicable monthly or annually recurring Subscription fees, and any applicable sales, telecommunication, excise, value-added or similar taxes (â€śSubscription Feeâ€ť). The Subscription Fee is exclusive of any applicable federal, state, provincial, VAT or municipal taxes or duties.
4) 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 Subscription Fee. A renewed Subscription will have the same term as the immediately preceding Subscription. At the time of renewal, your payment method will be charged the Subscription Fee, provided that if the Subscription Fee for your renewal has increased, then 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.
5) Your payment method will be charged for the renewal term of your Subscription on your billing date (â€śBilling Dateâ€ť), 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, then your Billing Date for that particular renewal will be on the last day of the month in which your Billing Date would otherwise be. The Subscription Fee is payable in U.S. Dollars only.
6) If you fail to pay the applicable Subscription Fee when due, then your account may be downgraded, suspended or canceled, at WJMX-DB Smooth Jazz Bostonâ€™s sole discretion. If your account is suspended, then WJMX-DB Smooth Jazz Boston 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, then your account may be canceled.
7) You may cancel your Subscription to the Service at any time for any or no reason. If you cancel your Subscription, then you will have access to the full 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 located at http://help.WJMX-DB Smooth Jazz Boston.com/customer/portal/articles/2103868-how-do-i-unsubscribe-from-WJMX-DB Smooth Jazz Boston-premium-. Once you have canceled your Subscription, we will stop billing your applicable payment method. If you reside in a country that is part of the European Union and purchased a Subscription, you may cancel your Subscription and receive a full refund of your Subscription Fee within 14 days of the Activation Date, but only if you have not logged in or otherwise activated your Subscription.
8) We reserve the right to change WJMX-DB Smooth Jazz Bostonâ€™s prices at any time in our sole discretion. If WJMX-DB Smooth Jazz Boston does change prices, then we 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 Services after the price change becomes effective constitutes your agreement to pay the changed amount.
9) From time to time, WJMX-DB Smooth Jazz Boston may offer you a free trial period during which you will receive a free Subscription (â€śFree Trialâ€ť). The length of any Free Trial Period may vary. If you are a current 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 Subscription. You may subscribe to the Service at any time (during your Free Trial period or after). If your Free Trial expires and you have not subscribed to a paid Subscription of the Service, then you will still be able to access WJMX-DB Smooth Jazz Bostonâ€™s free-of-charge service but will not have access to WJMX-DB Smooth Jazz Bostonâ€™s premium audio content.
a. Third Party Advertisements. WJMX-DB Smooth Jazz Boston may display advertisements for the goods and services of third parties or other promotional materials on the Service. Your dealings with, or participation in, promotions of any third party advertisers on the Service, are solely between you and such third party, and your participation is subject to any terms and conditions associated with that advertisement or promotion. WJMX-DB Smooth Jazz Boston does not endorse or represent such third parties, and by using the Service, you agree that WJMX-DB Smooth Jazz Boston is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of such third parties on the Service.
b. Third Party Sites. The Service may also include links to third party websites or third party services that are not owned or operated by WJMX-DB Smooth Jazz Boston (collectively, â€śThird Party Sitesâ€ť). We do not endorse or represent such third parties and we are not responsible for the availability of these Third Party Sites, or any products, services and/or content contained therein. 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 Third Party Sites. Certain functionalities of the 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.
7. Special Notice for International Use; Export Controls. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. You download and use the software 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 Service, including as it concerns online conduct and acceptable content. WJMX-DB Smooth Jazz Boston makes no representation that the Service is appropriate or available for use in any particular location.
8. Content You Submit; License Grants from You.
a. User Content. This Section governs any material that you post, send or transmit (collectively, â€śPostâ€ť) through the Service, including, by way of example and not limitation, photographs, graphics, images, text, musical works, sound recordings and any other content, materials or works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws (collectively, â€śUser Contentâ€ť). You are solely responsible for securing the rights to any and all User Content you Post to or through the Service, including any sound recordings (and musical works embodied therein).
b. License Grants to WJMX-DB Smooth Jazz Boston and other Users.
1) License Grant. By Posting User Content to or through the Service, you hereby grant to WJMX-DB Smooth Jazz Boston (and WJMX-DB Smooth Jazz Bostonâ€™s assignees, designees, successors, licensees, and sub-licensees) an unrestricted, perpetual, assignable, sublicensable, revocable, royalty-free, fully paid up license throughout the world to reproduce, modify, distribute, display, publish, transmit, communicate to the public, make available, broadcast, create derivative works from, publicly perform (including on a through-to-the audience basis) and otherwise use and exploit (collectively, â€śUseâ€ť) all User Content you Post to or through the Service, through any media and formats now known or hereafter developed, in connection with the Service, including, without limitation, (a) in connection with or on any Third Party Sites and platforms where the Service is syndicated; and (b) to advertise, market and promote the availability of User Content and the Service. By way of example only and without limiting the foregoing license, WJMX-DB Smooth Jazz Boston will have the right to insert, place or include all types of advertisements within or around User Content, including, without limitation, 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 User Content. Notwithstanding the preceding sentences of this Section, if you remove any of your User Content using functionalities available through the Service, then you agree to, and hereby do grant, WJMX-DB Smooth Jazz Boston a perpetual and irrevocable license to Use any backup copies of your User Content that WJMX-DB Smooth Jazz Boston made prior to the removal of your User Content and in the ordinary course of business. For the avoidance of doubt, the rights granted in the preceding sentences of this 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), and publicly perform sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting to WJMX-DB Smooth Jazz Boston the right to Use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a PRO, a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User 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 EULA.
2) Specific Rules for Musical Works. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant to us under this EULA. You are solely responsible for ensuring your compliance with the relevant PROâ€™s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant all royalty-free licenses set forth in this EULA or have such music publisher enter into this EULA with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in this EULA.
3) License for Name, Image, Voice, and Likeness. You further hereby grant WJMX-DB Smooth Jazz Boston a royalty-free license to Use your name, image, voice, and likeness (and that of any person identifiable in any User Content you Posted to or through the Service) made available by or on your behalf through the Service in conjunction with your User Content. The foregoing license in the immediately preceding sentence will survive the termination of your account with respect to any of your User Content Posted to the Service prior to such termination.
c. Limited Waiver of Rights. You waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any of your User Content Posted to the Service, during the term of this EULA. You expressly release WJMX-DB Smooth Jazz Boston and all of WJMX-DB Smooth Jazz Bostonâ€™s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content as authorized in this EULA.
d. Representations and Warranties With Respect to Your User Content. Except for materials provided to you by WJMX-DB Smooth Jazz Boston through the Service, you represent, warrant, and covenant that (a) you either are the sole and exclusive owner of all of your User Content, or you have all rights, licenses, consents, and releases that are necessary to grant to WJMX-DB Smooth Jazz Boston the rights in your User Content as contemplated under this EULA; and (b) neither your User Content nor your creation of, accessing, posting, submission or transmission of your User Content will (x) infringe, misappropriate or violate the rights of any party or entity, including a third partyâ€™s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights; (y) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise); or (z) require WJMX-DB Smooth Jazz Boston to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
e. Proof of Rights Clearance. WJMX-DB Smooth Jazz Boston may require you to provide sufficient evidence of having all necessary rights, licenses, authorizations, permissions, and clearances for any of your User Content that you Post to the Service, and if you fail to provide such evidence within a reasonable period of time (as determined by WJMX-DB Smooth Jazz Boston in its sole discretion), then WJMX-DB Smooth Jazz Boston may remove some or all of your User Content from the Service and/or terminate your account, without any liability to you. You are solely responsible for keeping copies of such evidence.
9. Third Party Content.
a. "Third Party Contentâ€ť means, collectively, (a) the graphics, images, photos, sound recordings, musical works, data, information, feedback, suggestions, text, content and other materials that a third party may Post on the Service; (b) any broadcast radio programs or other audio content that the Service gives you the ability to listen to and time shift; and (c) any links to Third Party Sites and resources on the Internet that may be provided by third parties. The Service gives you the ability to listen to, access and interacts with Third Party Content over which WJMX-DB Smooth Jazz Boston exercises no editorial or programming control. You understand that (a) WJMX-DB Smooth Jazz Boston 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 WJMX-DB Smooth Jazz Bostonâ€™s control and WJMX-DB Smooth Jazz Boston 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) WJMX-DB Smooth Jazz Boston is not responsible for and has no editorial control over any Third Party Content or the distribution thereof. You understand that by using the Service, you may encounter Third Party Content that you may find offensive, indecent, or otherwise objectionable.
b. Monitoring. WJMX-DB Smooth Jazz Boston has the right, but not the obligation, to monitor the Service, Third Party Content and/or User Content, and may remove any User Content or Third Party Content from the Service for any reason in its sole discretion at any time, without notice and without any liability to you. You acknowledge that WJMX-DB Smooth Jazz Boston may establish general practices and limits concerning use of the Service without notice to you, including, without limitation, the maximum period of time that User Content or Third Party Content will be retained by the Service and the maximum storage space that will be allotted on WJMX-DB Smooth Jazz Bostonâ€™s servers on your behalf. You acknowledge and agree that WJMX-DB Smooth Jazz Boston 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: (a) comply with legal process, applicable laws or government requests; (b) enforce this EULA; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of WJMX-DB Smooth Jazz Boston, its Users and the public. You understand that WJMX-DB Smooth Jazz Boston does not guarantee any confidentiality with respect to User Content and will have no responsibility or liability for User Content that is deleted from the Service.
c. Protection Mechanisms. 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 Service to play Third Party Content or to record such Third Party Content for later listening. You understand that WJMX-DB Smooth Jazz Boston does not control the decision of a third party to institute such copy protection mechanisms. You agree that WJMX-DB Smooth Jazz Boston 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 do so may subject you to liability.
10. Use Restrictions. Your rights to use the Service and the WJMX-DB Smooth Jazz Boston Content are expressly conditioned on the following:
a. You may access the Service for your personal entertainment purposes only solely as intended through the provided functionality of the Service and as permitted under this EULA.
b. Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service or any WJMX-DB Smooth Jazz Boston Content.
c. Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service or WJMX-DB Smooth Jazz Boston Content without WJMX-DB Smooth Jazz Bostonâ€™s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without WJMX-DB Smooth Jazz Bostonâ€™s prior express written consent:
1) altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
2) using any trademarks, service marks, design marks, logos, photographs or other content belonging to WJMX-DB Smooth Jazz Boston or obtained from the Service.
d. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine WJMX-DB Smooth Jazz Boston Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
e. You agree not to undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or WJMX-DB Smooth Jazz Boston Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by this EULA, the authorized features of the Service or WJMX-DB Smooth Jazz Boston Content, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by WJMX-DB Smooth Jazz Boston.
f. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the WJMX-DB Smooth Jazz Boston Content, or any portion thereof, through any other application or website, unless and solely to the extent WJMX-DB Smooth Jazz Boston makes available the means for embedding any part of the Service or the WJMX-DB Smooth Jazz Boston Content.
g. You agree not to access, tamper with, or use non-public areas of the Service, WJMX-DB Smooth Jazz Bostonâ€™s (and its hosting companyâ€™s) computer systems and infrastructure, or the technical delivery systems of WJMX-DB Smooth Jazz Bostonâ€™s providers.
h. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including WJMX-DB Smooth Jazz Boston employees.
i. You agree not to provide any false personal information to WJMX-DB Smooth Jazz Boston.
j. You agree not to create a false identify or impersonate another person or entity in any way.
k. You agree not to create a new account with WJMX-DB Smooth Jazz Boston, without WJMX-DB Smooth Jazz Bostonâ€™s express written consent if WJMX-DB Smooth Jazz Boston has previously disabled an account of yours.
l. You agree not to solicit, or attempt to solicit, personal information from other Users.
m. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about Users of the Service.
n. You agree not to use the Service, without WJMX-DB Smooth Jazz Bostonâ€™s express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation.
o. You agree not to gain unauthorized access to the Service, to other Usersâ€™ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
p. You agree not to Post, transmit or otherwise make available, including in any of your User Content, any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or WJMX-DB Smooth Jazz Boston Content or communications equipment and computers connected to the Service.
q. You agree not to Post any User Content that is or could be interpreted to be defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, or hateful, or that promotes discrimination, bigotry, racism, or hatred, as determined by WJMX-DB Smooth Jazz Boston in its sole discretion.
r. You agree not to Post any User Content that does or could be claimed to infringe any third party intellectual property or other rights, including the rights of privacy, publicity, and confidentiality.
s. You agree not to interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers.
t. You agree not to violate any applicable federal, state or local laws or regulations (including, without limitation, any traffic laws and rules applicable when you use the Service in a vehicle) or this EULA through the use of the Service.
u. You agree not to assist or permit any persons in engaging in any of the activities described above.
12. Ownership. The Service, and the media and materials contained therein, including all intellectual property rights therein, is the sole and exclusive property of WJMX-DB Smooth Jazz Boston and its licensors. Except for the limited license expressly granted by and to you under this EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted under this EULA, either expressly, or by implication, estoppel or otherwise.
13. Feedback. While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from Users. If you choose to contribute by sending WJMX-DB Smooth Jazz Boston or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively â€śFeedbackâ€ť), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to WJMX-DB Smooth Jazz Boston, you agree that:
a. WJMX-DB Smooth Jazz Boston has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
b. Feedback is provided on a non-confidential basis, and WJMX-DB Smooth Jazz Boston is not under any obligation to keep any Feedback you send confidentially or to refrain from using or disclosing it in any way; and
c. You irrevocably grant WJMX-DB Smooth Jazz Boston and its successors and assigns perpetual and unlimited permission to Use the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
If you become aware of any security vulnerability in the Service or WJMX-DB Smooth Jazz Boston Content, then please provide us Feedback using the â€śSend Feedbackâ€ť feature within the Service or at support@WJMX-DB Smooth Jazz Boston.com.
14. Termination. This EULA is effective until terminated by you or WJMX-DB Smooth Jazz Boston as described in this Section.
a. Automatic Termination. Your rights under this EULA will terminate automatically without notice from WJMX-DB Smooth Jazz Boston if you fail to comply with any term(s) of this EULA (including by violating any license restriction provided herein).
b. Termination by You. You may terminate your account, this EULA, and your right to use the Service, at any time and for any reason or no reason, by contacting WJMX-DB Smooth Jazz Boston Customer Support at support@WJMX-DB Smooth Jazz Boston.com.
c. Termination by WJMX-DB Smooth Jazz Boston. Notwithstanding anything to the contrary in this EULA, WJMX-DB Smooth Jazz Boston has the right to immediately suspend or terminate your account at any time for any reason or no reason, with or without notice to you. All of your User Content on the Service (if any) may be permanently deleted by WJMX-DB Smooth Jazz Boston at any time and for any reason in WJMX-DB Smooth Jazz Bostonâ€™s sole discretion, with or without notice to you. In addition, WJMX-DB Smooth Jazz Boston may notify authorities or take any actions it deems appropriate, without notice to you, if WJMX-DB Smooth Jazz Boston suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (a) failed to comply with any provision of this EULA or any policies or rules established by WJMX-DB Smooth Jazz Boston through any of the foregoing; or (b) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, WJMX-DB Smooth Jazz Boston, the Service, other Users or any other third parties.
d. Effects of Termination. After any termination of this EULA, you understand and acknowledge that (a) we will have no further obligation to provide the Service to you; and (b) all licenses and other rights granted to you in this EULA will immediately cease. WJMX-DB Smooth Jazz Boston is not liable to you or any third party for termination of the Service or termination of your use of the Service. Upon any termination or suspension, you may no longer access any information (including your User Content) that you have Posted to the Service or that is related to your account. Furthermore, WJMX-DB Smooth Jazz Boston 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 WJMX-DB Smooth Jazz Boston will not be required to delete any of your User Content that may be stored on any servers or other back up media owned or controlled by or on behalf of WJMX-DB Smooth Jazz Boston following the termination of your account.
15. Indemnity. You agree to indemnify and hold WJMX-DB Smooth Jazz Boston, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service, or WJMX-DB Smooth Jazz Boston Content; (b) your User Content; or (c) your violation of this EULA. WJMX-DB Smooth Jazz Boston will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if WJMX-DB Smooth Jazz Boston is unable to communicate with you in a timely manner because of an inactive e-mail address for you, your indemnification obligation will continue notwithstanding WJMX-DB Smooth Jazz Bostonâ€™s inability to contact you in a timely manner. WJMX-DB Smooth Jazz Boston reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests to assist WJMX-DB Smooth Jazz Bostonâ€™s defense of such matter. You agree not to settle any matter without the prior express written consent of WJMX-DB Smooth Jazz Boston.
16. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR WJMX-DB Smooth Jazz Boston CONTENT), ARE PROVIDED â€śAS ISâ€ť AND â€śAS AVAILABLE,â€ť WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WJMX-DB Smooth Jazz Boston HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR WJMX-DB Smooth Jazz Boston CONTENT), WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WJMX-DB Smooth Jazz Boston DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR NOT INTERFERE WITH YOUR USE OR ENJOYMENT OF ANY OTHER APPLICATIONS ON THE DEVICE ON WHICH THE SERVICE IS ACCESSED OR INSTALLED, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WJMX-DB Smooth Jazz Boston OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS EULA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
17. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WJMX-DB Smooth Jazz Boston OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT OR MATERIALS AVAILABLE THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, THIRD PARTY CONTENT AND/OR WJMX-DB Smooth Jazz Boston CONTENT), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WJMX-DB Smooth Jazz Boston HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WJMX-DB Smooth Jazz Bostonâ€™S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID TO WJMX-DB Smooth Jazz Boston IN THE PRECEDING 12 MONTHS; OR (B) ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
18. THIRD PARTY DISPUTES. WJMX-DB Smooth Jazz Boston IS NOT AFFILIATED WITH ANY MOBILE CARRIER, RADIO STATION OR OTHER THIRD PARTY SERVICE PROVIDER, AND ANY DISPUTE YOU HAVE WITH ANY SUCH THIRD PARTY SERVICE PROVIDER OR ANY OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE WJMX-DB Smooth Jazz Boston (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES, SUCCESSORS, AND ASSIGNS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
19. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
Submit a copyright infringement notification
a. Respect of Third Party Rights. WJMX-DB Smooth Jazz Boston 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 Service.
b. Repeat Infringer Policy. WJMX-DB Smooth Jazz Bostonâ€™s intellectual property policy is to (a) remove or disable access to material that WJMX-DB Smooth Jazz Boston believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (b) remove any User Content you uploaded to the Service if you are a â€śrepeat infringerâ€ť and terminate your right to use the Service. You are a â€śrepeat infringerâ€ť if you are a User that has uploaded User Content or Feedback to or through the Service and for whom WJMX-DB Smooth Jazz Boston has received more than two takedown notices compliant with the provisions of 17 U.S.C. Â§ 512 with respect to your User Content or Feedback. WJMX-DB Smooth Jazz Boston has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon WJMX-DB Smooth Jazz Bostonâ€™s own determination.
c. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a â€śNotification of Claimed Infringementâ€ť containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by WJMX-DB Smooth Jazz Boston with the User alleged to have infringed a right you own or control or the general public, and you hereby consent to WJMX-DB Smooth Jazz Boston making such disclosure. Your communication must include substantially the following:
1) 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;
2) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
3) 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 WJMX-DB Smooth Jazz Boston to locate the material;
4) Information reasonably sufficient to permit WJMX-DB Smooth Jazz Boston to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5) 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; and
6) 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.
You should consult with your own lawyer and/or see 17 U.S.C. Â§ 512 to confirm your obligations to provide a valid notice of claimed infringement.
d. Designated Agent Contact Information. WJMX-DB Smooth Jazz Bostonâ€™s designated agent for receipt of Notifications of Claimed Infringement (the â€śDesignated Agentâ€ť) can be contacted at:
Via web form: Copyright Infringement Notification
Via E-mail: copyright@WJMX-DB Smooth Jazz Boston.com
Via U.S. Mail: WJMX-DB Smooth Jazz Boston, Inc.
127 Rogers St
Lowell, MA 01852
e. Counter Notification. If you receive a notification from WJMX-DB Smooth Jazz Boston that material you made available on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide WJMX-DB Smooth Jazz Boston with what is called a â€śCounter Notification.â€ť To be effective, a Counter Notification must be in writing, provided to WJMX-DB Smooth Jazz Bostonâ€™s Designated Agent through one of the methods identified in Section 19.d and include substantially the following information:
1) A physical or electronic signature of the subscriber;
2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4) The subscriberâ€™s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriberâ€™s address is outside of the United States, for any judicial district in which WJMX-DB Smooth Jazz Boston may be found, and that the subscriber will accept service of process from the person who provided notification under Section 19.b above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. Â§ 512 to confirm the partyâ€™s obligations to provide a valid counter notification under the Copyright Act.
f. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that: [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. Â§ 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneysâ€™ fees, incurred by the alleged infringer, by any copyright owner or copyright ownerâ€™s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [WJMX-DB Smooth Jazz Boston] 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.
17 U.S.C. Â§ 512(f).
WJMX-DB Smooth Jazz Boston reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act or the procedures set forth in this Section 19 should be sent to the Designated Agent at copyright@WJMX-DB Smooth Jazz Boston.com or to the postal address identified above.
20. Dispute Resolution.
a. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND WJMX-DB Smooth Jazz Boston AND EACH OF OUR RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE 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 EULA OR THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, 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.
1) 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 â€śNoticeâ€ť), or, if you do not provide a mailing address to WJMX-DB Smooth Jazz Boston, to you via any other method available to WJMX-DB Smooth Jazz Boston, including via e-mail. The Notice to WJMX-DB Smooth Jazz Boston should be addressed to WJMX-DB Smooth Jazz Boston 127 Rogers St, Suite 2B, Lowell, MA 01852, Attn: Legal Department (the â€śArbitration Notice Addressâ€ť). The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (the â€śDemandâ€ť). If you and WJMX-DB Smooth Jazz Boston do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or WJMX-DB Smooth Jazz Boston may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (â€śAAAâ€ť) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE â€śRulesâ€ť), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org. If you are required to pay a filing fee to commence an arbitration against WJMX-DB Smooth Jazz Boston, then WJMX-DB Smooth Jazz Boston will promptly reimburse you for your confirmed payment of the filing fee upon WJMX-DB Smooth Jazz Bostonâ€™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 was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
2) Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and WJMX-DB Smooth Jazz Boston 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: (a) the arbitration will 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; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3) No Class Actions. YOU AND WJMX-DB Smooth Jazz Boston AGREE THAT YOU AND WJMX-DB Smooth Jazz Boston 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 PERSONâ€™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 SECTION WILL BE NULL AND VOID.
4) The decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 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 will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this EULA.
b. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which either party seeks equitable relief to protect such partyâ€™s copyrights, trademarks, or patents. You acknowledge that, in the event of a breach of the EULA by WJMX-DB Smooth Jazz Boston 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 WJMX-DB Smooth Jazz Boston, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in the EULA.
c. Claims. You and WJMX-DB Smooth Jazz Boston 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 EULA or the 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.
d. Improperly Filed Claims. All claims you bring against WJMX-DB Smooth Jazz Boston must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, WJMX-DB Smooth Jazz Boston may recover attorneysâ€™ fees and costs up to $5,000, provided that WJMX-DB Smooth Jazz Boston has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
e. Modifications. In the event that WJMX-DB Smooth Jazz Boston makes any future change to the Mandatory Arbitration provision (other than a change to WJMX-DB Smooth Jazz Bostonâ€™s Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to WJMX-DB Smooth Jazz Bostonâ€™s Arbitration Notice Address, in which case your account with WJMX-DB Smooth Jazz Boston and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of the EULA.
f. Enforceability. If only Section 20.a.2 or the entirety of this Section 20 is found to be unenforceable, then the entirety of this Section 20 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 21 will govern any action arising out of or related to this EULA.
21. Governing Law. The laws of the State of California, excluding its conflicts of law rules, govern this EULA and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
22. Assignment. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, without the prior written consent of WJMX-DB Smooth Jazz Boston. This means that in the event you dispose of any device on which you have installed the Service, such as by sale or gift, you are responsible for deleting the Service from your mobile device prior to such disposition. WJMX-DB Smooth Jazz Boston may assign this EULA, including all its rights hereunder, without restriction. Any assignment in violation of this Section is void.
23. Survival. The provisions of this EULA that are intended to survive the termination of this EULA by their nature will survive the termination of this EULA, including, but not limited to, Sections 2 (General), 3 (The Service), 5 (Fees and Payment Terms), 8 (Content You Submit; License Grants from You), 9 (Third Party Content), 10 (Use Restrictions), 11 (Security), 12 (Ownership), 13 (Feedback), 14 (Termination), 15 (Indemnity), 16 (No Warranty), 17 (Limitation of Liability), 18 (Third Party Disputes), 19 (Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements), 20 (Dispute Resolution), 21 (Governing Law), 22 (Assignment), 23 (Survival), 24 (Consent to Electronic Communications) and 24 (Miscellaneous).
26. Contacting WJMX-DB Smooth Jazz Boston. If you have any comments, complaints, suggestions about this EULA or the Service or otherwise would like to contact us, then you can contact WJMX-DB Smooth Jazz Boston by email at support@WJMX-DB Smooth Jazz Boston.com, or by U.S. post at 127 Rogers St, Suite 2B, Lowell, MA 01852.
NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and WJMX-DB Smooth Jazz Boston only, not with Apple, and Apple is not responsible for the Service or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) 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 Service or your possession and use of the Service infringes that third partyâ€™s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Appleâ€™s subsidiaries are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (a) 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 â€śterrorist supportingâ€ť country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If WJMX-DB Smooth Jazz Boston provides a translation of the English language version of this EULA, then the translation is provided solely for convenience, and the English version will prevail.
Â© 2012-2018 WJMX-DB Smooth Jazz Boston Global Internet Radio, LLC. All rights reserved.
Last update: April 21, 2018