Terms of Use

Welcome to Radio Rethink’s Terms of Use

You may be wondering why it is that a small group of people who informally came together in the hope of doing something good for community and public radio are asking you to agree to what might at first glance look like a gigantic pile of legal mumbo-jumbo.

We asked ourselves the same question!

In pursuit of the answer, we dug through our files and found three sticky notes:

  • Remember to water office plants.
  • No more hockey practice in the conference room.
  • Add a Terms of Use to website / software – it will help ensure you can keep doing the great stuff you have going by setting clear expectations.

The first two we're covered on - the plants look good and we don't have a conference room. The third one was from our lawyer. We do want to keep doing what we are doing, thus the following Terms of Use.

 

Terms of Use

We appreciate your interest in the software, website or other services (“Services”) owned, operated, or managed by Radio Rethink, LLC (“Radio Rethink”). Your initial use of any of the Services and any continued use of the Services constitute your acceptance and agreement to be bound by this Terms of Use Agreement (“Agreement”) as of the date of such use. You must not use the Services if you do not accept all the terms and conditions of the then-current Agreement. For this reason, please review this document closely before proceeding and do not use the Services if you do not agree to be bound by all of the terms and conditions below.

Services and Users

Radio Rethink provides the Services to help community and micro-community radio stations distribute their programming through their listeners’ mobile media devices. A “User” may be a radio station that is using the Services to distribute its programming (“Station”) or an individual who is using the Services to listen to that programming (“Listener”). This Agreement applies to both types of Users, and “you”, “your”, “yourself” or similar phrases may be used interchangeably with the term “User” and any terms that do not distinguish between a Station or a Listener, shall apply to both.

A Station that becomes a Registered User (see below) may use the Services free of charge to stream audio programming and publish related content (“Distribution”) via a software platform offered by Radio Rethink (“Platform”). Radio Rethink may provide separate instructions and any related requirements for a Station’s use of the Platform for Distribution, and if so, those will be incorporated by reference into this Agreement.

Listeners may use the Services free of charge to listen to the Distribution from one or more Stations, without becoming a Registered User, provided however that certain Listener-oriented Services may be made available only to Registered Users.

While there are no current plans for subscription services, in the future, Radio Rethink may offer additional free or fee-based Services. Any fee-based Service shall be referred to in this Agreement as a “Subscription”.

Registered Users

To become a Registered User, a Listener or a Station must provide an email address, and choose a username and password for the account. You must ensure that the email address is -- and remains – valid for the duration of your use of the Services. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy. You are solely responsible for maintaining the confidentiality and security associated with your account and shall be responsible for all use of the username, password, and all activity emanating from the account, whether or not such activity was authorized by you.

If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you agree to change your password and send Radio Rethink an email notice as soon as possible, but no later than three (3) days after you learn of the loss, theft or unauthorized access.

Radio Rethink reserves the right to disallow, cancel, remove or reassign certain usernames and may, as determined by us in our sole discretion, with or without prior notice, suspend or terminate a User account if activities occur on an account which, in our sole discretion, would or might constitute a violation of this Agreement or an infringement or violation of the rights of any third party, or of any applicable laws or regulations of any jurisdiction.

Listeners

Radio Rethink Players

The Services and the Platform offers Listeners the ability to receive Station Content through one or more software-based players (“Players”) which may be mobile apps, widgets, or desktop based software. As a Listener, you may not, without the prior written consent of Radio Rethink, use a Player in such a way that you aggregate Content from the Platform into a separate destination that replicates substantially the offering of Radio Rethink’s Services, the Platform, or a combination of Stations using the Platform for Distribution or comprises a content service of which Content from the Platform forms a material part. Similarly, you may not, without the prior written consent of Radio Rethink, use a Player to embed Content into any website or other destination. You may not use a Player in any way that suggests that Radio Rethink, Station, or any third-party third party endorses or supports your website, or your use of a Radio Rethink Player. Furthermore, you may not use the audio Content or other Station Content received through a Player in a manner that is reasonably expected to violate the copyrights of a Station or a third-party.

Stations

The terms contained in this section pertain to Stations using the Platform for Distribution.

Station Content. Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information (“Content”) that a Station uploads, stores, transmits, submits, exchanges or makes available to or via the Platform (“Station Content”) is generated, owned and controlled solely by you, and not by Radio Rethink, or its subsidiaries, agents, distributors, affiliates, or vendors. Radio Rethink does not claim any ownership rights in your Station Content, and you hereby expressly acknowledge and agree that your Station Content remains your organization’s sole responsibility.

Notwithstanding anything to the contrary in this Agreement, you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright-protected material within your Station Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third-party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.

Grant of license. To use the Platform for Distribution of your Station Content, you may be required to initiate a process by which your Station Content is uploaded, routed, hosted, or otherwise channeled through Radio Rethink’s systems, but subject to your control and authorization as to the use, ways of reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of your Station Content via the Platform or through other Services (“Distribution Process”). To the extent it is necessary in order for Radio Rethink to provide you with any of the aforementioned steps in the Distribution Process, to perform its obligations under this Agreement, including the distribution of advertising or other promotional material on our Platform and/or to enable your use of the Platform, you shall and hereby do grant such licenses to Radio Rethink on a limited, worldwide, non-exclusive, royalty-free and fully paid basis, and in some instances may be required to agree to grant or license related rights to other Users of the Services and Platform.

Notwithstanding the foregoing, nothing in this Agreement grants any rights to any other User of the Platform or the Services with respect to any proprietary name, logo, trademark or service mark affiliated with your Station and subject to Distribution as part of your Station Content (“Marks”), provided however that you shall and hereby do grant Radio Rethink the rights to use such Marks as part of its promotion of itself, its Services, and specifically as examples of Stations that use the Services, for so long as you continue to use the Services.

The licenses granted in this section are granted separately with respect to each item of your Station Content that you subject to the Distribution Process and will terminate automatically when you remove such Station Content from your account.

Representations and Warranties – Station Content

You hereby represent and warrant to Radio Rethink as follows:

  • 1. Your Station Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use, and (if and where relevant) to authorize Radio Rethink to use, your Station Content pursuant to this Agreement, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public your Station Content, and each and every part thereof, on, through or via the Platform, any and all Services.
  • 2. Your Station Content, its Distribution, and the availability thereof on the Platform does not and will not infringe or violate the rights of any third-party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
  • 3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in your Station Content in order to include their name, voice, performance or likeness in your Station Content and use the same for Distribution via the Platform or other Services.
  • 4. Your Station Content is not and will not be unlawful, abusive, libelous, defamatory, pornographic or obscene, and will not promote or incite violence, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.
  • 5. Your Station Content does not and will not create any liability on the part of Radio Rethink, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or equity owners. Radio Rethink reserves the right to remove your Station Content, suspend or terminate your access to the Platform or Services and/or pursue all legal remedies if we believe that any of your Station Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

Liability for Station Content

You hereby acknowledge and agree that Radio Rethink, its Platform and its Services (i) allows for uploading, temporary storage, and delivery of Content and other information at the direction, request and with the authorization of its Users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of the Station Content that your organization uploads, posts or distributes to, on or through the Platform, and to the extent permissible by law, Radio Rethink excludes all liability with respect to all content (including your Station Content) and the activities of its Users with respect thereto.

You hereby acknowledge and agree that Radio Rethink cannot and does not review the Content created or uploaded by its Users, and neither Radio Rethink nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Platform for Content that is inappropriate, that does or might infringe any third-party rights, or has otherwise been uploaded in breach of this Agreement or applicable law.

Radio Rethink and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by Users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by Users of the Platform. By using the Platform, you, on behalf of the organization that owns and operates the Station, and all associated parties, irrevocably waive the right to assert any claim with respect to any of the foregoing against Radio Rethink or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Continuity and Dispute Resolution. Notwithstanding anything to the contrary in this Agreement, in the event that a Station may be in breach of one or more terms of this Agreement, Radio Rethink, in its sole discretion, may propose options and resolutions short of immediate termination of a Station’s access to a Player or other Services.

Prohibited Uses

YOU MAY NOT USE ANY OF THE SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL IN THE JURISDICTION IN WHICH YOU RESIDE, USE THE SERVICES, OR ENGAGE IN DISTRIBUTION, OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY OF THE SERVICES MAY BE TERMINATED IMMEDIATELY IN RADIO RETHINK’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

By using the Services, you are representing and warranting that: (a) your use of the Services as offered and provided pursuant to this Agreement does not violate any law, regulation or restriction in the jurisdiction in which you reside or from which you access the Services; (b) if you are an individual, you are above the legal age of majority in your jurisdiction of residence; (c) you are authorized to use the computer, mobile device, technology or other device (“Device”) and the network connectivity used to access the Services; and (d) you will access and use the Services only in accordance with this Terms of Use. For each Station that uses the Player to distribute Content, the individual that first initiates the process for configuring the Player represents and warrants that he or she have the authority to bind the Station to the terms of this Agreement. For the avoidance of doubt, additional individuals associated with that Station do not need to have that same degree of authorization.

You shall not use the Services to:

  • Send any unsolicited advertisement, promotional materials, junk email, bulk email (“Spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes, provided however that a Station may use one or more features of the Player to send underwriting messages, contests, or surveys to listeners
  • Post, send, distribute or provide links to content that is unlawful according to local, state, federal, or international laws or regulations, or content which advocates, encourages, or induces illegal activity.
  • Post, send, distribute or provide links to content containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
  • Post, send, distribute or provide links to content containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
  • Post, send, distribute or provide links to content containing material that is defamatory, false or libelous material.
  • Post, send, distribute or provide links to content containing material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
  • Post, send, distribute or provide links to content containing material that you do not have a right to make available under law or contractual or fiduciary relationships.
  • Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud any other person or entity.
  • Disguise or obscure the origin of any content or postings you make.
  • Post, send, distribute or provide links to content that contains personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references of any other person.
  • Damage, disable, overburden, or impair or otherwise interfere with Radio Rethink’s provision of the Services, its software and equipment and that of its vendors, or the software and Devices of any other user of the Services, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment of any other party.
  • Gain or attempt to gain unauthorized access the Services or Radio Rethink’s software and equipment and that of its vendors, or the software and Devices of any other user of the Services, or any website, accounts, computer systems and telecommunications networks linked to the Services, through hacking, phishing, use of an improperly obtained password, or any other means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, including harvesting or otherwise collecting information about others such as email addresses.

International Use/U.S. Export Controls

Accessing Content and other material through the Services including the Platform by certain persons in certain countries may not be lawful, and Radio Rethink makes no representation that Content or other material accessible through the Services or the Platform are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. The United States controls the export of any software downloadable from Radio Rethink’s website, its Platform or through the Services and no such software or any other materials associated may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials through the Services or the Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited.

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH RADIO RETHINK, GENERALLY, OR THE SERVICES, SPECIFICALLY, IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. RADIO RETHINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED THROUGH THE SERVICES OR INCLUDED ON ANY RADIO RETHINK WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RADIO RETHINK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. RADIO RETHINK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL BE FREE OF VIRUSES, SECURITY FLAWS, AND/OR OTHER HARMFUL COMPONENTS OR VULNERABILITIES THAT COULD RESULT IN HARM TO YOUR DEVICE, YOUR SOFTWARE, OR OTHER SERVICES OR DATA CONTAINED OR ACCESSED THROUGH YOUR DEVICE. RADIO RETHINK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN OR PROVIDED THROUGH THE SERVICES OR ANY OF ITS WEBSITES, FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

RADIO RETHINK IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF ANY SERVICES OR TRANSACTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, RADIO RETHINK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limits on Liability

In no event shall Radio Rethink, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Services be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in content provided through the Services or any information, software, products, services, and related graphics obtained through this the Services; (vi) any transactions entered into through the Services; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of the Services or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Radio Rethink has been advised of the possibility of damages.

Indemnification

You agree to indemnify and hold harmless Radio Rethink, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the Services. You agree to cooperate fully with Radio Rethink in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

Reporting Infringements

The instructions contained in this section pertain to any individual or entity that believes his, her, or its copyrights are being infringed by material uploaded, streamed or distributed through Radio Rethink’s Platform or Services, by a Station or other User. Please report any such potential infringement by providing a written notice to Radio Rethink that contains the following:

  • a statement that you have identified Content or other material on Radio Rethink’s Platform or Services that infringes your copyright or the copyright of a third-party on whose behalf you are entitled to act;
  • a description of the copyright work(s) that you claim have been infringed;
  • a description of the Content or other material that you claim is infringing and the URL(s) where such Content can be located on Radio Rethink’s website, the Platform, the Services, or other location;
  • your full name, address and telephone number, a valid email address on which you can be contacted, and your Radio Rethink username if you have one;
  • a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:

  • with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, a confirmation that such statement is made under penalty of perjury; and
  • your electronic or physical signature (which may be a scanned copy).

Your notice should be sent to us by email to contact@radiorethink.com and/or by mail to the following address:

Attn: Copyright Team
Eclectic Radio Works, LLC
PO Box 103042
Denver, CO 80250-3042

If you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), your notice should be sent to Radio Rethink’s designated copyright agent by email to contact@radiorethink.com and/or by mail to the following address:

Attn: Copyright Team
Eclectic Radio Works, LLC
PO Box 103042
Denver, CO 80250-3042

If you discover any Content that you believe to be in violation of your trademark rights or other intellectual property rights besides copyrights, please report this to us by email at contact@radiorethink.com. In all other cases, if you discover Content that infringes or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offense, or which constitutes impersonation, abuse, spam or otherwise violates these Agreement or applicable law, please report this to us at contact@radiorethink.com.

External Services

The Services, including use of the Platform as a Station or a Listener, may provide you with access to third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, linked services (“External Services”). Radio Rethink does not have or maintain any control over External Services, and is not and cannot be responsible for such content, operation or use. By linking or otherwise providing access to any External Services, Radio Rethink does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services. The presence of a link to a any External Service does not constitute or imply Radio Rethink’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the External Service.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by Radio Rethink, with respect to the Platform and other Services. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services. Radio Rethink disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Radio Rethink with respect to the content or operation of any External Services.

Changes to the Services, Platform, Accounts, and Pricing

Radio Rethink reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Services, including the Platform and or Player or any part thereof, temporarily or permanently. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Radio Rethink shall use commercially reasonable efforts to notify Registered Users of such decision in advance.

You hereby agree that Radio Rethink and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications the Services, including the Platform and or Player, that Radio Rethink may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Services, including the Platform and or Player or any part or parts thereof, or your possibility to use or access the same.

Radio Rethink may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason. If in the future Radio Rethink charges fees for one or more of its Services, Radio Rethink may change the prices charged for those Services from time to time. In the event of any increase in the price or material reduction in the features of any Service which you have purchased, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription to that Service (if any). In all other cases, where Radio Rethink proposes to make changes to any type of Service you have purchased, and these changes are material and to your disadvantage, Radio Rethink will notify you of the proposed changes by sending a message to your Registered User account and/or an email to the then current email address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the Services, including the Platform and or Player, following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your subscription to such paid Service.

Termination

You may terminate this Agreement at any time by sending notice in writing to Eclectic Radio Works, LLC, PO Box 103042, Denver, CO 80250-3042 confirming such termination, or by making such termination through your Registered User account, and thereafter ceasing to use the Services, including the Platform or the Player. If you have a Subscription, and terminate this Agreement before the end of such Subscription, we are unable to offer any refund for any unexpired period of your Subscription.

Radio Rethink may suspend your access to the Services, Platform or Player and/or terminate this Agreement at any time if (i) you are deemed to be a repeat infringer of third-party content as described above; (ii) you are in breach of any of the material provision of this Agreement; (iii) Radio Rethink elects at its discretion to cease providing access to the one or more Services to the jurisdiction where you reside or from where you are attempting to access the Services, or (iv) in other reasonable circumstances as determined by Radio Rethink at its discretion. If you have a Subscription and your account is suspended or terminated by Radio Rethink pursuant to (i) or (ii) above, you will not be entitled to any refund for any unexpired period of your subscription. If your account is terminated pursuant to (iii) or (iv), refunds may be payable at the reasonable discretion of Radio Rethink.

Once your account has been terminated, any and all Station Content residing in your account, or pertaining to activity from your account will be irretrievably deleted by Radio Rethink, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Radio Rethink assumes no liability for any material that is irretrievably deleted following any termination of your account.

Miscellaneous

Choice of Law, Jurisdiction, and Venue. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Colorado, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement or in connection with any matters related to Radio Rethink’s Services, Platform, and/or its Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in City and County of Denver, Colorado. You agree to submit to the personal jurisdiction of the state or Federal courts in Colorado for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

Severability and Modification. Should one or more provisions of this Agreement be found to be unlawful, void or unenforceable, if such provision(s) cannot be modified as described in the following sentence, that provision shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Agreement, which will remain in full force and effect. To the maximum extent possible, before a court deems a provision severed, the court will endeavor to replace such a provision by a valid, enforceable provision that matches, as closely as possible, the original provision, and with all other provisions of this Agreement remaining in full force and effect.

Questions. If you have any questions concerning this Agreement, you may send them by email to contact@radiorethink.com. You must send any official correspondence via postal mail to:

Attn: Terms of Use
Eclectic Radio Works, LLC
PO Box 103042
Denver, CO 80250-3042

Changes to Agreement. Radio Rethink reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and will provide notice of such change by publishing any such revision to the link appearing at the bottom of the main website for Radio Rethink, www.radiorethink.com Please visit that link from time to time to learn of any changes to the Agreement, as your continued use of the Services and the Platform constitutes your acceptance and agreement to be bound by any such changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of the Services.

Data protection, Privacy and Cookies. All personal data that you provide to us in connection with your use of the Service and Platform is collected, stored, used and disclosed by Radio Rethink in accordance with our Privacy Policy. Radio Rethink may use cookies to help us understand how people are using the Services and the Platform. Our use of cookies, and how to disable cookies, is explained in our Cookies Policy, contained in the Privacy Policy. By using the Services and Platform, in addition to the consenting to the terms of this Agreement, you also accept the terms of the Privacy Policy and our Cookies Policy.

Assignment to Third Parties. Radio Rethink may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third-party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Radio Rethink. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Radio Rethink.

Entire Agreement. The terms and conditions contained in this Agreement, combined with Radio Rethink’s Privacy Policy, Cookies Policy, and any other terms and conditions that a User or a Station consent to related to the Services, constitute the entire agreement between you and Radio Rethink with respect to your use of the Platform (other than any use of Radio Rethink’s APIs which may also be subject to separate [API Terms of Use]), and supersede any prior agreement between you and Radio Rethink. Any modifications to this Agreement must be made in writing.

Survival. The provisions in this Agreement which, by their nature and substance, are intended to survive the termination or cancellation of an agreement of this sort, will survive the termination of this Agreement.

Third-Party Rights. This Agreement is not intended to give rights to anyone except you and Radio Rethink, and shall not be construed to grant any right or obligation upon you or Radio Rethink to benefit any third party, provided however that this provision does not affect our right to transfer our rights or obligations to a third-party as described in the Assignment to Third Parties section.

Revision History. This Agreement was last modified on November 19, 2024.

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