Terms of Use Effective as of May 25, 2018

Overview

Welcome to the ClassicalRadio.com website ("Website"), our mobile and desktop apps (the “Apps”) and all related sites, players, widgets, tools, apps, data, software, APIs and other services (the “Services”) produced and maintained by Digitally Imported, Inc. and Radio Now, LLC (collectively "Company" or "we", "us", or "our" for the purposes of this Terms of Use). The Website, Apps and Services shall be collectively referred to as the “Platform” within these Terms of Service.  Please be advised that the terms "Company" or "we", "us", or "our" also includes Radio Now, LLC which is an owner of certain branded channels operated by DI but that DI is the sole controller of all data collected to operate the Platform. This is a legal agreement (the "Terms of Use") between and you and Company and any other entity affiliated with Company. The policies below are applicable to (i) the Platform (however accessed and/or used), whether via personal computers, mobile devices or otherwise; and (ii) other interactive features and applications that are operated by us or that are made available by us. Please read these Terms of Use and our Privacy Policy which contains our Cookies Policy carefully.  BY USING OUR PLATFORM AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY, PLEASE DO NOT USE THE PLATFORM AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE AND THE PRIVACY POLICY FROM TIME TO TIME WITHOUT NOTICE.  THE DATE OF LAST MODIFICATION IS STATED AT THE END OF THESE TERMS OF USE.  IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE FROM TIME TO TIME FOR UPDATES.  YOUR CONTINUED USE OF OUR PLATFORM AND ANY AFFILIATE WEBSITES/PLATFORMS FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND THE PRIVACY POLICY WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Platform or Content (as defined below). By using this Platform, you agree to such terms and conditions and you represent and warrant that you have read and understood the Terms of Use and the Privacy Policy, will abide by them, and that you are 18 years of age or more, or the applicable age if majority in your jurisdiction, or if you are under 18 years of age or the age of majority in your jurisdiction, you are 16 years of age or more if you reside in the European Union or 13 years of age of more if you reside in the United States or anywhere else. The Terms of Use and the Privacy Policy extend to any permutation of the Platform including without limitation any mobile version, IOS and/or Android application). Company may at any time lose the right to make certain Content available. In such an event, you will no longer be able to access such Content from the Platform. We may, from time to time, release new tools and resources on the Platform, release new versions of our Apps, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use and our Privacy Policy as well as any additional terms and conditions that we may release for those specific services or features.

1. Copyright and Ownership

The Platform is a content streaming service.  All of the content featured or displayed on the Platform, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Company, its licensors, vendors, agents and/or its Content providers. All elements of the Platform, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Platform may only be used for the intended purpose for which such Platform is being made available. Except as may be otherwise indicated in specific documents within the Platform, you are authorized to view and play audio and video found on our Platform for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Platform. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. For purposes of these Terms of Use, the use of any such material on any other Platform or networked computer environment is prohibited. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Platform and Services. The Platform, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Platform. The following Definitions describe other forms of Content: A "Stream" is the digital transmission of a sound recording of a musical work or a musical-visual work to an end user over the Internet where the content may be heard or viewed, but not downloaded for later playback. You may not attempt, or support others' attempts, to download, copy, distribute, alter or capture a Stream. You may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the Downloads, Streams and/or Previews. You may not play and then re-digitize any Downloads, Streams and/or Previews. You may not create any "derivative works" by altering any of the Content, except as permitted herein. You may not use the Downloads, Streams and/or Previews in conjunction with any other third-party content (e.g., to provide sound for a film) unless you obtain such rights from the copyright holder. YOU MAY NOT UPLOAD DOWNLOADS, STREAMS OR PREVIEWS TO THE INTERNET. PEER-2-PEER FILE SHARING IS STRICTLY PROHIBITED. Any other manner of network file sharing and transfer of Downloads, Streams or Previews to devices for such purpose is expressly prohibited and is a violation of U.S. and international copyright law.

2. Trademarks

All trademarks, service marks and trade names of Company or Company's licensors used herein (including but not limited to: the Company name, the Company corporate logo, the Platform name, design and any logos) (collectively "Marks") are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without Company's prior written consent. The use of Company trademarks on any other Platform or network computer environment is not allowed. Company prohibits the use of Company trademarks as a "hot" link on or to any other Platform unless establishment of such a link is approved in advance.

3. Non-Premium and Premium Accounts

Until further notice, the Platform remains free for users that choose not to subscribe to a Premium Account. In order to make the Platform available for free and provide you with personally relevant features, we serve tailored ads on the Platform on behalf of third party advertisers. To that end, we use information that you make available to us when you interact with the Platform to inform the nature of the ads we show you and provide you with a customized experience. More information on how we use data to show you personalized ads is described in our Privacy Policy. All "Premium" users are subject to certain additional terms and conditions posted on the Platform. All Premium users of the Platform may only access one stream from any device or location at a time. Simultaneous stream connections from a single Premium account is prohibited. If we identify that more than one connection is active simultaneously from more than one location or device, we reserve the right to terminate the duplicate stream session. Continued attempts to access more than one stream simultaneously from more than one location or device at the same time may result in temporarily or permanently restricted streaming access.

4. Accuracy of Information

We attempt to ensure that information on this Platform is complete, accurate and current. Despite our efforts, the information on this Platform may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Platform.

5. Third Party Links

From time to time, this Platform may contain links to websites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Platform. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Platform. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Platform, you do so entirely at your own risk.  You are solely responsible for taking the precautions necessary to protect yourself from fraud when using services found at any third party links, 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 such links to third party services.

6. Inappropriate Material

You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Platform or the Platform or through Voice computer systems is expressly prohibited by these Terms of Use. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable "anti-spam" laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Platform. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. When accessing the Platform, you understand that you may encounter material that may be deemed objectionable, indecent, or offensive, which material may or may not be identified as having explicit language or text, graphic designs, and/or photographs. You agree to use the Platform at your own risk and the Company shall have no liability to you for material that may be found objectionable, indecent, or offensive.

7. Account Registration and Security

You understand that under certain circumstances you may need to create an account to have access to all of the parts of the Platform. In consideration of your use of the Platform, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Platform's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Platform. We have the right to provide, either with or without notice to you, user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business or to process orders made to your credit card or other payment vehicle via your account). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. As such, you are responsible for any charges on your account that are incurred by any person through your account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your account secure and confidential. The Company shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify the Company, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account. You may not attempt to gain unauthorized access to the Platform. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, the Company shall have the right to terminate your account and pursue all available remedies at law. In the event all or a portion of the Company is sold to a third party you agree that we shall have the right to transfer the Registration Data to the third party for the purposes of continued service to you. Your use of the Platform and establishment of an account for the purchase of streaming services includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of these Terms of Use and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Platform, including notices of cancellation, policies, contracts, and applications.

8. Fees

For all charges for any products and services that you agree to buy from the Platform, the Company will bill your credit card or alternative payment method offered by Company. All charges are non-refundable. The Company will be clear what your charges will be so you will know when you purchase something and how much it will be. At its discretion, Company may post charges individually or aggregate your charges with other purchases you make on the Platform. In the event legal action is necessary to collect on balances due, you agree to reimburse Company for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Platform. You are also responsible for any taxes associated with any purchases made via the Platform, including, but not limited to sales, use or value-added taxes.

9. Third Party Agents

We have third party agents, subsidiaries, affiliates and partners, that perform functions on our behalf, such as hosting, billing, marketing, analytics, providing customer service, fraud protection, etc. These entities may have access to your Registration Data to perform their functions and are contractually obligated to maintain the confidentiality and security of that Registration Data. If necessary, you will cooperate these third party agents, subsidiaries, affiliates and partners so that they may perform their functions.  Notwithstanding the foregoing, your data is subject to the terms of our Privacy Policy and the protection we set out there.

10. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Platform for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Platform; or (iii) bypass any measures we may use to prevent or restrict access to the Platform.

11. Force Majeure

Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

12. Disclaimers

YOUR USE OF THIS PLATFORM IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS PLATFORM ARE PROVIDED "AS IS" and “WITH ALL FAULTS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS PLATFORM. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS PLATFORM MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY PLATFORM, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS PLATFORM ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS PLATFORM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY PLATFORM, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

13. Limitations of Liability

Company does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Platform, or your downloading of any information or materials from this Platform. All Content on this Platform is provided to you on an "as is" "as available" basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Company makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through the Platform. You are responsible for verifying any information before relying on it. Use of the Platform and the Content available on the Platform is at your sole risk. Company makes no representations or warranties that use of the Platform will be uninterrupted or error-free. You agree that from time to time Company may remove the Platform, or portions of the Platform, for indefinite periods of time, or cancel the Platform, or portions of the Platform, at any time, with or without notice to you. Company makes no warranty that any browser, or portable device will be compatible with the Platform or any Content offered on the Platform. Under no circumstance shall Company be liable for any unauthorized use of the Platform or its Content. If an item of Content becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Content, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Company. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS PLATFORM, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS PLATFORM, ANY WEBSITES LINKED TO THIS PLATFORM, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS PLATFORM OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS PLATFORM. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF TWENTY FIVE DOLLARS (US $25.00).

14. Indemnity

You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with (i) the use of the Platform or the Internet or your placement or transmission of any message or information on this Platform by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any other party's access and use of the Platform with your unique username, password or other appropriate security code. You shall not sue or seek to recover any damages or other payment from Company and its agents, representatives, employees, Licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Terms of Use and service hereunder.

15. Release

In the event that you have a dispute with one or more other users of the Platform, you release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

16. Changes to the Platform, accounts and pricing

Company reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Company shall use its reasonable endeavors to notify registered users of such decision in advance. You hereby agree that Company 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 to the Platform and/or any Services that Company may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Platform, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories. Company 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, and may change the prices charged for any of its subscriptions from time to time. In the event of any increase in the price or material reduction in the features of any subscription that 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. In all other cases, where Company proposes to make changes to any type of subscription you have purchased, and these changes are material and to your disadvantage, Company will notify you of the proposed changes by sending a message to your Company 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 Platform 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.

17. Termination

You may terminate your account at any time by sending an email with the phrase “Please Delete Account” in the subject line to privacy@classicalradio.com 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. You or we may suspend or terminate your account or your use of this Platform at any time, for any reason or for no reason. We may also block your access to our Platform in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

18.  Assignment to third parties

Company 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 the Company. 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 the Company.

19. General

Any claim relating to, and the use of, this Platform and the materials contained herein is governed by the laws of the state of Colorado. You consent to the exclusive jurisdiction of the state and federal courts located in Colorado. You hereby irrevocably submit to the jurisdiction of the Colorado courts in any such action or proceeding and irrevocably waive any right to contest the jurisdiction (in rem or in personam) or power or decision of that court within or without the State of Colorado other than appropriate appellate courts. You also waive any defense of inconvenient forum to the maintenance of any such action or proceeding. The United Nations Convention on Contracts for the International Sale of Goods and the U.S. Uniform Commercial Code are expressly excluded from the operation of these Terms of Use. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We do not guarantee continuous, uninterrupted or secure access to our Platform or Services, and operation of the Platform may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. 11 (Access and Interference), 14 (Limitations of Liability), 15 (Indemnity) and 16 (Release), shall survive any termination or expiration of this Agreement. The relationship between Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or your use of this Platform. Use of this Platform is void where prohibited by applicable law. Company may, at its discretion, modify, suspend, or discontinue the Platform (or any part or content thereof) at any time with or without notice to you, and Company will not be liable to you or to any third party should it exercise such rights.  Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

20. Digital Millennium Copyright Act ("DMCA")

In operating the Platform, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Platform. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Platform. Company has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Platform infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 USC § 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is:

Gregory A. Shohat, abuse@classicalradio.com

Digitally Imported, Inc. 3773 E. Cherry Creek North Drive Suite 575 Denver, CO 80209-3825

Please provide the following information:
  • Identify the copyrighted work or other intellectual property that you claim has been infringed;
  • Identify the material on the Platform that you claim is infringing, with enough detail so that we may locate it on the Platform;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  • Your full name, address, telephone number, and a valid email address at which you can be contacted; and
  • Your physical or electronic signature (which may be a scanned copy). We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
  • Your physical or electronic signature;
  • 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;
  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by email at abuse@classicalradio.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 Terms of Use or applicable law, please also report this to us at abuse@classicalradio.com. ### 22. Communications

By establishing an account, you grant permission for Company to contact you at your provided e-mail address. 

23. Entire Agreement

These terms and conditions are the entire agreement between the user and Company and supersedes any prior understandings or agreements (written or oral). These Terms of Use may not be altered, supplemented, or amended by the use of any other documents. Any attempt to alter, supplement or amend this document or to enter an order for Content that are subject to additional or altered terms and conditions will be null and void.

24. Additional Assistance

If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact us by email at privacy@classicalradio.com.

25. Copyright Notice

All Site design, graphics, text selections, arrangements, and all software are copyright © 2018 Digitally Imported, Inc. All rights reserved.

Last amended May 25, 2018