FREE
MUSIC NEWS AND FREE RADIO NEWS EVERYDAY AT ALL ACCESS MUSIC GROUP.
1. TERMS
OF SERVICE
Welcome to Free Music News at AllAccess.com ("AA"). AA provides its service to you, subject
to the following Terms of Service ("TOS"), which may be updated by us
from time to time without notice to you. You can review the most current
version of the TOS at any time by visiting our website and clicking on
the Terms of Service link on our homepage. In addition, when using
particular AA free services, you shall be subject to any posted guidelines or
rules applicable to such services which may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference into
the TOS.
2. DESCRIPTION OF FREE SERVICE
AA music and radio currently provides users with access to a collection of on-line
resources and properties (the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance the current Service,
including the release of new AA properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that
AA music assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
In order to use the Free Service, you must obtain access to the World Wide
Web, either directly or through devices that access web-based radio and
music content,
and pay any service fees associated with such access. In addition, you
must provide all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION MUSIC OBLIGATIONS
As consideration for your use of the Free Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service'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 AA Music has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, AA Radio has the
right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof).
4. AA MUSIC & RADIO PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy which is incorporated herein by reference.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify AA of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. AA cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This
means that you, and not AA, are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the Service. AA
does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will AA
be liable in any way for any Content, including, but not limited to, any
errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Service. You agree to not use the Service
to: (a) upload, post, email or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable; (b) harm minors in any way; (c)
impersonate any person or entity, including, but not limited to an AA
representative, or falsely state or otherwise misrepresent your
affiliation with a person or entity; (d) forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service; (e) upload, post, email or otherwise
transmit any Content that you do not have a right to transmit under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements); (f) upload, post, email or otherwise transmit any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party; (g) upload, post, email or
otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas that
are designated for such purpose; (h) upload, post, email or otherwise
transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, emulate, destroy
or limit the functionality of any computer software or hardware or
telecommunications equipment; (i) disrupt the normal flow of dialogue,
cause a screen to "scroll" faster than other users of the Service are
able to type, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges; (j) interfere with or
disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of
networks connected to the Service; (k) intentionally or unintentionally
violate any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law; (l) "stalk" or otherwise harass another; or (m)
collect or store personal data about other users. You acknowledge that
AA does not pre-screen Content, but that AA 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. Without limiting the
foregoing, AA and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. 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. In this regard, you acknowledge that you may
not rely on any Content created by AA or submitted to AA, including
without limitation information in AllAccess.com Message Boards,
AllAccess.com Clubs, and in all other parts of the Service. You
acknowledge and agree that AA may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of AA, its users and the public. You
understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR 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.
8. PUBLIC CONTENT POSTED TO AA
(a) For purposes of the TOS, "publicly accessible areas of the Service"
are those accessible by the general public. By way of example, a
publicly accessible area of the Service would include public
AllAccess.com message boards. (b) With respect to all Content you elect
to post to publicly accessible areas of the Service, you grant AA the
royalty-free, perpetual, irrevocable, non-exclusive and fully
sublicensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform
and display such Content (in whole or part) worldwide and/or to
incorporate it in other works in any form, media, or technology now
known or later developed.
9. INDEMNITY
You agree to indemnify and hold AA, 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 to or
transmit 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.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that AA may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other
uploaded Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will
be allotted on AA's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in
a given period of time. You agree that AA has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the
Service. You acknowledge that AA reserves the right to log off accounts
that are inactive for an extended period of time. You further
acknowledge that AA reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
AA reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that AA shall not be liable
to you or to any third party for any modification, suspension or
discontinuance of the Service.
13. TERMINATION
You agree that AA, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if AA believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
AA may also in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice. You agree that
any termination of your access to the Service under any provision of
this TOS may be effected without prior notice, and acknowledge and agree
that AA may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further
access to such files or the Service. Further, you agree that AA shall
not be liable to you or any third-party for any termination of your
access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that AA shall not
be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because AA has no control over such
sites and resources, you acknowledge and agree that AA is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that AA shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through
any such site or resource.
16. AA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") 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 AA or its 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. AA
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 interface that is provided by AA for use in accessing the
Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS
AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. AA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. (b) AA MAKES NO WARRANTY THAT: (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM AA OR THROUGH FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AA SHALL NOT BE LIABLE 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 AA HAS BEEN
ADVISED 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.
19. EXCLUSIONS AND LIMITATIONS
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 OF SECTIONS 17 AND
18 MAY NOT APPLY TO YOU.
20. NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices on the Service generally.
21. TRADEMARK INFORMATION
AllAccess.com, the AllAccess.com logo, and other AllAccess.com logos and
product and service names are trademarks and service marks of
AllAccess.com Inc. (the "AA Marks"). Without AA's prior permission, you
agree not to display or use in any manner, the AA Marks.
22. GENERAL INFORMATION
This TOS, together with the Privacy Policy, which is incorporated herein
by reference, constitutes the entire agreement between you and AA and
governs your use of the Service, superceding any prior agreements
between you and AA. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship between
you and AA shall be governed by the laws of the State of California
without regard to conflict of law provisions. You and AA agree to submit
to the personal and exclusive jurisdiction of the courts located within
the county of Los Angeles, California. The failure of AA to exercise or
enforce any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the TOS are for convenience only and have
no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS.