Terms and Conditions
Conditions of Use: By using and or/visiting this website (collectively, including all content and functionality through the Radioicons.com domain name, the Radio Icons website, you signify your agreement to (1.) these terms and conditions (terms of service) (2.) Privacy notice, located under said tab on the radioicons.com website (3.) Policy and procedures under said tab on radioicons.com website. Incorporated here by reference. If you do not agree to any of these terms, incorporated into said functions and procedures Please do not use the radioicons.com website. Although we may attempt to notify you of any major changes to said terms. You are asked to review this information periodically for the most up-to –date information. It is at the sole discretion, of the Radio Icons staff members to make modification, or revisions of these terms and conditions at anytime they deem a change is warranted. As such you agree to be bound by such modification or revisions. Nothing in this agreement shall be deemed to confer any third-party rights and benefits.
Radio Icons Website: A. These terms of use apply to all users of this website: including users contributing digitally produced original products either in video, voice recorded, or self imaging icons, information and promotional logos under subscription/account processes, users retrieving said products and information under subscription/account processes, Users browsing said information/non account holding, and the use of applications within Radio Icons website. B. Radio Icons website may contain links to third party websites that are not owned or controlled by Radio Icons. Radio Icons has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, nor do we or can we assume censorship or edit any of the content of third party websites. By using Radio Icons website you expressly relieve Radio Icons from any and all liability arising from use of any third-party website. C. We strongly state that when leaving the Radio Icons website and obtaining access to a third-party site, you read all the terms of service and privacy agreements associated with their site.
Radio Icons Accounts: A: In order to access some features on the website, you will have to create an account with Radio Icons. This account at your user level is and always will be your responsibility to safe guard any password or information to gain access to this account. There is a determined funding amount for an annual subscription /account access, B. This account is subject to be reviewed on an annual basis, and/or at anytime Radio Icons determines a validation is required, thereby spot checking accounts and maintaining positive control and security of said accounts and data contained within, C. Violations such as allowing other to use your account, or materials added in upload section that are determined not to be of your own, copy written materials without proper written permission documentation or submission of vulgar material as determined by our staff, is grounds for removing and or locking out accounts until such material is removed, or documentation is received by our staff. Radio Icons not liable for the losses you incur by unauthorized use of your account, you may be liable for losses of Radio Icons or others due to such unauthorized use.
Basic Use of Website: (permissions and restrictions) Radio Icons grants you permission to access and use this website as stated in the terms of use, provided that, A. You agree not to infringe on any copy written and or trademark material, and you perform no actions with this material as in distribution of any part thereof by any means, /down load to others, change of copy information to represent yourself as affiliated with us unless prior agreements have been made in writing with us. B. You agree not to access or alter any part of this website and or any submitted contents by any and all users of this site, through any technology means, you will not use this site or other third party sites for commercial or personal gain of revenues by way of advertisement out side of the purposes and agreements between yourself and Radio Icons to promote user content. C. Prohibited commercial uses include; sale of access to this website or related services; sale of advertising on Radio Icons or any third-party site, targeted to the content of specific user submitted content; any use of Radio Icons website or services that our staff determines, at their sole discretion denotes violations of infringement laws and/or in any way detracts from other users of this website. D. Prohibited commercial use does not include; use of this site to promote your original works by way of embedded players and downloadable content to promote yourself to other users as long as it is not to gain revenues outside of the agreement with Radio Icons, and shall not be in competition with us. E. You agree not to launch any automated system including, without limitations, robots, spiders, offline readers, that accesses the website in a manner that sends request to Radio Icons server in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Radio Icons 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 material, but not caches or archives of such materials. Radio Icons reserves the right to revoke these exceptions either generally or specific cases, you agree not to collect or harvest any personal identifiable information including names from our website, you agree not to use communication systems provided by the website (comments, emails, profiles) for any commercial purposes, nor shall you solicit for commercial purposes and users of this website. F. Your use of this website must comply with our terms of use, policies and all applicable local, national, and international laws and regulations. Radio Icons reserves all rights to discontinue any aspect of the Radio Idols website
Your Use of Content on the Site: Along with the general restrictions the following restrictions apply to your specific use of content on the Radio Icons website. A. The content on the Radio Icons website except all user submissions, including without limitation, the text, software, scripts, graphics, sounds, music, video, interactive features and functions, copyright, trademark service marks and logos contained therein, are owned by, licensed to Radio Icons, subject to copyright and other intellectual property rights under the law. Content on this website is provided to you as information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or used for any other purpose except as prescribed in function, without consent of respective owners. Radio Icons reserves all rights not expressly granted in and to the website and the content thereof. B. You may access user submissions only for your information and personal use, as intended by function, for streaming, (contemporaneous digital transmission of data via internet) C. User available function such as comments, upload, download, revenue functions history are made available solely for your personal information and are not to be used, copied, reproduced distributed, transmitted, broadcast, displayed, sold, licensed or used for any other purpose except the manner in which they were intended by way of normal functionality on the website or otherwise prohibited under this agreement . D. Your access to Radio Icons content, user submitted content is only permitted under this agreement, Radio Icons reserves all rights not expressly granted in and to Radio Icons content and services. E. You agree not to engage in use, copy or distribution of any content other than expressly permitted herein, including any use, copying distribution of user submissions of third parties obtained though the website for any commercial purpose. F. 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 limitation on use of the website or the content therein. G. You understand when your using Radio Icons website you will be exposed to user submissions from many sources.
User Submissions and Conduct A. As a user of this service, any and all submissions of content, video, sound tracks, textural, digital imaging, must adhere to all laws, local, federal, and international, You must also understand Radio Icons is not held responsible under law, of the content at submission, and no guarantee is made that submissions will or will not be pulled from the site if such submissions fail to meet standards of law. B. You are solely responsible for the content of your submission and the consequences of posting or publishing them. You affirm, represent, and warrant that: you own or have the necessary license, rights consent, and permission to use and here by give Radio Icons the right to use said content including patent, trademark, trade secret, copyright or other proprietary rights in and to any user submissions to enable inclusion and use of said content in the manner contemplated by the website and terms of use. C. You here by give Radio Icons permission worldwide, non exclusive, sublicense able and transferable license to use reproduce, distribute, prepare derivative works of display, and perform user submissions in connection with the Radio Icons website. D. It is stated that no third- party, user, or affiliate is granted said rights to submission content without written approval from Radio Icons. Knowledge of such actions shall be reported as infringements to the point of contact listed in the section 8 of this document. The exception includes only those tracks and or video bought by users for personal use only, Users downloading as prescribed in website content, are given no additional rights for use of said material other than for personal use. E. You agree that your submissions will conform to terms of service and the material submitted with not be contrary to the radio Icons community, where as you will not submit pornographic / nude, semi nude images, or hate or slanderous material directed towards others, as a deliberate act to offend others. You understand such materials can and or will be removed with or without notice from the Radio Icons website. Radio Icons reserves the right to remove any content from it’s website, that is found to be derogatory to the common decency of it’s users and affiliates, without notice. F. Radio Icons does not directly endorse user submissions or any recommendations, opions, or advice expressed therein and expressly disclaims any and all liability in connection with submitted media. Radio Icons does not permit copyright infringing activities and infringement of intellectual property rights on its site. Radio Icons will remove any and all content submitted if properly notified that such content infringes on another’s intellectual property rights. Radio Icons reserves this right to remove content without prior notice.
Termination of accounts A.Radio Icons will terminate a users access to website and or it’s functions if under the appropriate circumstances; they determined to be repeat infringements. B. Radio Icons reserves the right to decide whether content or user submission is appropriate and complies with these terms for violations other than copyright infringements such as but not limited to, pornography, obscene or defamatory material, Radio Icons may remove such content without notice and or terminate users access to upload further content.
Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any user 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.
B. Counter-Notice: If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Dade County Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Radio Icons may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Radio Icons sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE RADIO ICONS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RADIO ICONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. RADIO ICONS 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 RADIO ICONS WEBSITE. RADIO ICONS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE RADIO ICONS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RADIO ICONS 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 RADIO ICONS, 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 RADIO ICONS 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 RADIO ICONS SHALL NOT BE LIABLE FOR USER 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 Radio Icons from its facilities in the United States of America. Radio Icons makes no representations that the Radio Icons Website is appropriate or available for use in other locations. Those who access or use the Radio Icons Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless Radio Icons, 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: your use of and access to the Radio Icons Website; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Radio Icons Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 14, as the Radio Icons Website is not intended for children under 14. If you are under 14 years of age, then please do not use the Radio Icons Website.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Radio Icons without restriction.
14. General
You agree that: the Radio Icons Website shall be deemed solely based in Florida; and the Radio Icons Website shall be deemed a passive website that does not give rise to personal jurisdiction over Radio Icons, either specific or general, in jurisdictions other than Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Exclusively a court of competent jurisdiction located in Dade County Florida shall decide any claim or dispute between you and Radio Icons that arises in whole or in part from the Radio Icons Website. These Terms of Service, together with the Privacy Notice and any other legal notices published by Radio Icons on the Website, shall constitute the entire agreement between you and Radio Icons concerning the Radio Icons 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 Radio Icons failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Radio Icons 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 Radio Icons Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND RADIO ICONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RADIO ICONS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.