Terms of Service

Welcome to MacRadio (the "Service"), a division of MacBroadcast, LLC (hearafter referred to as "us" or “we”). Your use of the Service is subject to these Terms of Service ("TOS"). By using this site, you (User) signify your agreement to the TOS, and to our Privacy Policy. If you do not accept the TOS, please do not use this site.

We reserve the right to change the TOS at any time. You can review the most current version of these terms by clicking on the "Terms of Service" link located at the bottom of our web pages. We may send emails to our registered members and/or post messages in our forums regarding these changes. However, you are responsible for checking these terms periodically for changes. If you continue to use the Service after we post changes to the TOS, you are signifying your acceptance of the new terms.

Description of Service

The Service is a podcast directory wherein you may search for, rate, listen to and/or view, and discuss podcasts. Some enhanced services, such as the ability to rate podcasts, create favorites lists, and leave comments, require you to create an account with the Service. The Service also may require you to download free software from a third-party site in order to listen to or view podcasts. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new features, resources, or content, shall be subject to the TOS.

User Responsibilities

As a user of this service, you acknowledge that:

1. you are 13 years of age or older;
2. you must provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data");
3. you must maintain and promptly update the Registration Data to keep it true, accurate, current and complete;
4. you will not share your account information, username, or password with another person or persons;
5. you will immediately notify us of any unauthorized use of your password or account or any other breach of security;
6. in order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content;
7. you are responsible for any and all fees associated with connecting to the Internet for the use of this Service;
8. you will need to become a registered user, by creating an account, in order to access some enhanced services of the site.

You may use the Service for lawful purposes only. You may not submit or transmit through MacRadio.com any material, or otherwise engage in any conduct that:

1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, or other proprietary rights;
2. is found to harm a minor;
3. uses the service to send unwanted, or “spam”, email to others, in single or bulk form;
4. is unlawful, threatening, abusive, harassing, defamatory, libelous, fraudulent, or invasive of another's privacy;
5. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
6. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
7. violates the TOS, the MacRadio Privacy Policy, or any other policy posted on MacRadio.com, or
8. interferes with the use of MacRadio.com by others.

You may not use MacRadio.com in any manner that could damage, disable, overburden, or impair our servers or networks, or to attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the TOS.

Invitation Policy

Users may invite podcasters to include their feed in the MacRadio directory via the invitation form. Once a podcaster has been invited to include his/her feed, an invitation email will be sent out to the podcaster; the podcaster has the ability to approve or turn down the invitation at that time. Multiple invites may be sent to a podcaster over time, and these invitations will be logged for all users to see.

A user may not use the invitation form for the purpose of harassing, intimidating, or threatening another person. We may take any legal and technical remedies to prevent the violation of this provision.

Content

Certain areas of MacRadio.com may allow you to post Content that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on MacRadio.com that you created or that you have permission to post. You may not post Content that violates the TOS. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of MacRadio.com, you grant us, our parent, any affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.

You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will MacRadio.com be liable in any way for any content, including, but not limited to, for 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 transmitted or otherwise made available via the Service. You acknowledge that MacRadio.com does not pre-screen content, but that MacRadio.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that the Service and any necessary software ("Software") used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MacBroadcast or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

MacBroadcast grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by MacRadio.com for use in accessing the Service.

Copyright Infringement Claim Procedure

We respect the intellectual property of others. If you believe that your work has been copied and/or is accessible on MacRadio.com in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement.

If you believe that your work is accessible on MacRadio.com in a way that violates the Invitation Policy and you no longer wish your work accessible on MacRadio.com, please contact us to request that your work be removed.

Third Party Sites and Advertisers

MacRadio.com may include links to third party websites, including links provided as advertisement. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on MacRadio.com are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Termination of Use

You agree that MacBroadcast may, under certain circumstances and without prior notice, immediately terminate your account, access to any related resources, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS, Privacy Policy, or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) you have engaged in fraudulent or illegal activities.

If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Termination of your MacRadio.com account includes (a) removal of access to all offerings within the Service, including but not limited to user accounts, MacRadio.com podcast feeds, MacRadio.com Forums, and MacRadio.com Newsletters, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in MacBroadcast’s sole discretion and that MacBroadcast shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

Indemnity

You agree to indemnify and hold MacBroadcast, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

Disclaimer of Warranty

We provide MacRadio.com as is, with all faults and as available. We make no express warranties or guarantees about MacRadio.com. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT MACRADIO.COM AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH MACRADIO.COM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE USE OF MACRADIO.COM, INCLUDING ANY SUPPORT SERVICES, WILL MEET YOUR REQUIREMENTS, IS EFFECTIVE, ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE MACRADIO.COM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A MACBROADCAST REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MACBROADCAST SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MACBROADCAST HAS BEEN ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Severability

The TOS and any supplemental terms, policies, rules and guidelines posted on MacRadio.com constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Forum

The TOS and the relationship between you and MacBroadcast shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and MacBroadcast agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King, Washington. You and MacBroadcast also agree that any legal proceedings shall be conducted in English, and that if you incur any costs associated with fulfilling this requirement, you will not hold MacBroadcast liable for this cost.