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Terms of Service

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Terms & Conditions (The Music Experience, LLC)

CUSTOMER AGREEMENT & WEBSITE TERMS OF USE: April 1, 2015

Thank you for choosing to become a subscriber (“Subscriber”). This customer agreement (“Agreement”) between you and The Music Experience, LLC. ("Internet Radio Station" “the Company,” “us” or “we”) applies to your paid and trial subscription ("Subscription").

Your subscription to the Music Experience will automatically renew under this Agreement. Your Subscription will continue for the length of the initial term you select on your plan and at the end of your prepaid Subscription, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel prior to that renewal. In order to cancel your subscription you may click the "Membership Cancel" link under the "Member Center" menu item while logged in using your user credentials and follow the steps on this page.

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR THE SERVICE. BY ACCESSING OR USING THE SITE OR THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

IF YOU DO NOT CANCEL YOUR SUBSCRIPTION WITHIN THREE BUSINESS DAYS OF THE START OF YOUR PLAN, IT WILL MEAN THAT YOU AGREE TO THIS AGREEMENT WHICH WILL BE LEGALLY BINDING ON YOU.

A. CHANGES IN TERMS AND SERVICE: 

  1. Changes to Terms: We reserve the right to change the terms of this agreement at any time. Any changes will be effective upon posting of the revisions on the site reflecting the new effective date. Your continued use of the service following the posting of the changes online will constitute your acceptance of such changes. You should frequently review the agreement (including the effective date) and applicable policies from time to time to understand the terms that apply to your use of the service and/or use of the site.
  2. Change to Programming: The Music Experience consists of a variety of music programming. We reserve the right to change, rearrange, add, or delete programming, including canceling, moving. Your continued use of the Service following any programming changes will constitute your acceptance of such changes.

B. USE OF SERVICE: 

  1. Eligibility For Use of Service:You must be at least 18 years old, or the age of majority, as determined by the laws of your state of residency, to assume the obligations set forth in this Agreement.
  2. Internet Radio Service:You may listen to the The Music Experience on one single Internet enabled device at one time, per subscription. You may purchase additional Internet Radio online listening Subscriptions (each requires a different username and password). You should not provide your username and password to anyone, and you have the obligation to protect your username and password from unauthorized use. You will not be able to access the Music Experience unless your account for your Subscription is in good standing and you are in compliance with this Agreement. The Music Experience may be unavailable or interrupted from time to time for a variety of reasons, such as unavailability or difficulties with the Internet generally or with your web browser, computer, home wiring or network, or Internet service provider and/or other things that we cannot or do not control. The Music Experience functions best when streamed over a broadband connection.
  3. Personal Use of the Service: The Music Experience is provided only for your personal, noncommercial enjoyment. You may not make commercial use of, reproduce, rebroadcast, otherwise transmit our programming, charge admission for listening to or distribute play lists of our programming. Neither the Internet Radio Service nor any Recorded Content (defined below) is intended for commercial use.We may prosecute violations of the foregoing against you and other responsible parties in any court of competent jurisdiction. You assume all responsibility for use of the Site. You agree that any person using your identification issued for the Site will be treated by us as having been authorized by you to access your information as contained on the Site, and take any other actions on your behalf. You will indemnify and hold harmless the Company and its affiliates from all damages, costs, expenses, liabilities and claims incurred by them arising out of any action taken by any person or entity using your username/password on the Site. You also waive all claims against the Company and its affiliates that may arise from the utilization of the Site. At the end of each online session you should completely log out of The Music Experience.Should your login ID or username/password be lost, stolen, sold, transferred or otherwise removed from your possession without your permission, contact us immediately so that your personal identifiers may be deactivated and reissued.
  4. Service Cancellation: We reserve the right to cancel your Subscription at any time if you fail to pay amounts owing to us when due, violate or breach any of this Agreement, or for any other reason in our sole discretion. If your Subscription is cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein
  5. Service Choices: Subscriptions are available in a variety of programming packages, and we refer to them throughout as "Packages." Subscriptions are also available in a variety of recurring payment plans, and we refer to them throughout as "Plans." Examples of our Plans are "Monthly," "Quarterly," "Annual."
  6. Advisory Nature of Services; User Responsibility; User Safety/Reliance; It is your responsibility to exercise prudent discretion and observe all safety measures required by law and your own common sense in using the Service. All actions and judgments taken with respect to the Service are your sole responsibility. You assume the entire risk related to your use of the Service. The Service may include traffic, weather, marine weather, aviation weather, and other content and emergency alert information and data, and you acknowledge and agree that such information and data is not for "safety for life," but is merely supplemental and advisory in nature, and therefore cannot be relied upon as safety-critical in connection with any aircraft, sea craft, automobile, or any other usage.
  7. Interactive Services: You acknowledge and agree that (a) we are not responsible for material submitted to us or posted to the Site by users (“user content”); (b) we have no obligation to pre-screen, monitor, review or edit any user content; (c) we, or our designees, have the right (but not the obligation) in our sole discretion to refuse or remove any user content that, in our judgment, does not comply with this Agreement or is otherwise undesirable, inappropriate or inaccurate; (d) user content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such user content; (e) user content does not necessarily reflect the views of the Company or its affiliates; and (f) we may preserve user content and may disclose user content if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any user content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of the Company or its affiliates, its users or the public.You agree not to post user content which is harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane, racially or ethnically objectionable, religious or political, or that encourages inappropriate or unlawful conduct or imposes an unreasonable or disproportionately large load on the Site or otherwise interferes with the Site or infringes the rights of any third party. We may, at our sole discretion, immediately terminate your access to the Site should your conduct fail to conform with this Agreement. We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material through the Site or mail, or in any other way.Any user content posted on the Site or material submitted or sent to the Company or its affiliates will be deemed not to be confidential or secret. By posting user content, or sending any other material to us (“material”), you represent and warrant that the material is original to you and that no other party has any rights to the material and you grant the Company and its affiliates the royalty-free, unrestricted, worldwide, 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 material (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such material, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You are and will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such material.

C. INTELLECTUAL PROPERTY RIGHTS:

  1. Technology: You agree not to copy, decompile, disassemble, reverse engineer, make derivative works of or manipulate any technology or data or content stored or incorporated in any equipment used to receive the Service. You also agree not to upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, disable or limit the functionality of the Site or the Internet Radio Service. The Service is protected by intellectual property rights including patent rights, copyrights, and trade secrets. The software is licensed solely for use within certain products or the Service. Furthermore, the music, talk, news, entertainment, data and other content on the Service are protected by copyright and other intellectual property laws and all ownership rights remain with the respective content and data service providers. You are prohibited from any export of the data (or derivative thereof) except in compliance with applicable export laws, rules and regulations. The user of software contained in the Equipment Technology or the Site is explicitly prohibited from attempting to copy, decompile, reverse engineer, hack, manipulate or disassemble the object code, or in any other way convert the object code into human-readable form.
  2. Content: All music, programming, text, software (including source and object codes), data, information, visual, oral or other digital material, and all other content of any description available on the Site or included in the Service and/or in the Equipment Technology (collectively, the "Content"), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the "Intellectual Property") are owned by the Company or are the property of our licensors and suppliers who have given us permission to use it. Neither your access to and use of the Service nor does this Agreement grant you any right, title or interest or license in or to any such Content, and you may not use such Content without the express written permission of the owner(s). You may not reproduce, perform, distribute, display or create derivative works from the Content. You may only use the Content and the Intellectual Property, access the Site and use any the Services we provide as expressly permitted in this Agreement and for no other purpose.
  3. Trademarks: The Music Experience logo trademarks or service marks is registered to the Company. Other trademarks, service marks, graphics, logos and domain names appearing on the Service or the Site may be the trademarks of third parties. Neither your access to and use of the Service or the Site nor does this Agreement grant you any right, title or interest or license to reproduce or otherwise use the Marks or any third-party trademarks, service marks, graphics, logos or domain names. Any goodwill in the Marks generated as a result of your use of the Service will inure to our benefit.
  4. Internet Radio: You may not rebroadcast the Internet Radio Service in any way. You may play the Internet Radio Service through speakers or headphones for your personal listening pleasure. You may not make any recordings of, or otherwise duplicate, the content provided by the Internet Radio Service. In addition, you may not re-transmit or otherwise distribute the content provided by the Internet Radio Service in any way, including online streaming such content or making such content available for download. You may not reskin, re-package, decompile, reverse engineer, or disassemble the Internet Radio Service, or construct a media player or interface that accesses the Internet Radio Service. In addition, your use of any products or services that access the Internet Radio Service and which are provided by third parties not authorized by us constitutes a violation of this Agreement, even if you did not create such product or services and/or do not understand how they were created.

PAYMENT: In return for receiving the Service, you agree to pay us as follows:

D. SUBSCRIPTIONS/FEES

  1. Subscription Fee: You must pay in advance by credit card or debit card or by check or money order. Payments can be sent to: The Music Experience, LLC 863 Flat Shoals, Conyers, Ga 30016. By sending your completed, signed check to us, you authorize us to copy your check and to use the account information from your check to make a one-time electronic fund transfer from your account for the same amount as the check. Funds will be withdrawn from your account within 24 hours and you will not receive your check back from your financial institution. The electronic fund transfer from your account will be on the account statement you receive from your financial institution.
  2. Automatic Renewal: Your Subscription will continue for the length of the initial term you select on your Plan ("Subscription Term") and at the end of your prepaid Subscription Term, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel prior to that renewal, or your Service is cancelled, terminated, or discontinued by you or by us, or you select a different Plan. We may, at our option, process your renewal on a month-to month basis instead of your chosen Subscription Term.
  3. Changes in Fees: Our fees and other charges are subject to change with notice.
  4. Change of Address or Account Information: You must notify Listener Care immediately of any change in your name, billing address, service address, email address, telephone number, credit card or other account information.
  5. Payments: All payments must be made in U.S. dollars. We do not accept recurring payment plans from cards issued by Canadian Card Issuers. We also do not accept any gift cards issued by Visa, MasterCard, American Express or Discover for recurring payment plans; these types of cards may only be used for one-time payments. Your outstanding balance is due in full each payment period.
  6. Taxes: You are responsible for all taxes or other government fees and charges, if any, which are assessed based on the Service address on your account. All amounts charged to your account.
  7. Changes to Packages and Plans: You have the right to change your subscription "Package" or “Plan”. You also have the right to change your subscription "Plan" (e.g., ask us to change from a Monthly Plan to a 3-Year Plan). How the change will affect your account and charges will depend upon the choices you make.
  8. Subscriber Services: If you have a question about the Service, Subscription, Subscription Fees, fees, charges or your bill, or if you would like to change or reactivate your Subscription, please contact Subscriber Services. If you The Music Experience in writing, please include the following information: · Your name, mailing address, and account number; The details of your question. within thirty (30) days after the date you receive the statement in question. OTHERWISE YOU WAIVE YOUR RIGHT TO DISPUTE THE CHARGE.

E. CANCELLATION / REFUNDS:
You must comply with this Agreement or we may cancel the Service.

  1. Cancellation: You may cancel your Subscription at any time. In order to cancel your subscription you must call us_________. Your cancellation will become effective following the date we receive your notification by telephone, either immediately or on your next billing date.
  2. Refunds: ALL SUBSCRIPTIONS ARE NONREFUNDABLE. IN THE UNLIKELY EVENT THAT WE CEASE BROADCASTING THE SERVICE, WHETHER AS A RESULT OF A LIQUIDATION, BANKRUPTCY, OR OTHERWISE, ALL PREPAID SUBSCRIPTIONS WILL BE TREATED AS NONREFUNDABLE.

F. DISCLAIMERS/LIMITATION OF LIABILITY:

  1. disclaimers: you understand and agree that the site and the content and functionality of the service, including programming and on-air advertising, are provided "as is" and "as available." the company and its affiliates make no representation or warranty, either express or implied, regarding the service, the reliability, predictive value, completeness, timeliness, reliability, or accuracy of the information contained within the service. our transmission, your reception, or that your access to or your use of the service or the site will be uninterrupted, error free or timely with all updates. all such warranties (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement) are hereby disclaimed.
  2. limitations of liability: in no event are the company or its affiliates or liable for any direct, indirect, special, incidental, or consequential, exemplary or punitive damages, lost profits, or losses relating to the use, loss of use or data, or equipment, or your purchase or use of the service, or from any content posted on the site by us or anyone else, whether based on negligence or otherwise, and whether or not we have been advised of the possibility thereof, whether arising out of breach of this agreement, tort or any other cause of action relating to the performance or non-performance of this agreement. In no event will the aggregate of each of the company, its affiliates liability for any and all of your claims, or any third party claims, against us and our programming or data suppliers, service providers, marketing/distribution software or internet suppliers or hardware or software manufacturers, or suppliers, contractors and licensors, or independent sellers, arising out of or related to, directly or indirectly, the performance or nonperformance of obligations pursuant to this agreement or by the negligence, active or passive, of the company, its affiliates or your access to or use of or inability to use the service or site, exceed the price paid by you to the company hereunder for the most recent six months of service immediately prior to the specific event which gave rise to the applicable damage or loss. You agree that this limitation of liability represents a reasonable allocation of risk.
  3. Your risk: you agree that your access to and use of, or inability to access or use the service or the site is at your sole risk. you will not hold us, our programming or data suppliers, service providers, marketing/distribution, software or internet suppliers, or hardware or software manufacturers, or suppliers, or our contractors or licensors, as applicable, responsible for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, or lost profits resulting from your access to or use of, or interruptions in the transmission or reception of the service or site, including any damage to any of your computers or data, and/or any receiver. No oral or written information or advice given by any person shall create a warranty or guarantee in any way whatsoever relating to the service or site.
  4. Third parties: the third party links, services, goods, resources and content available on the service and through links on the site are not controlled by us. Accordingly, we make no warranties regarding such third-party services, goods, resources, and content, including warranties of fitness for a particular purpose, merchantability and non-infringement. We will not be liable for your access to, use of or downloading of content available on or through, the service or the site. we are not liable for any direct or indirect damages or losses caused by your use of third-party websites. You assume full responsibility when you choose to follow any links on the site that lead to third-party websites.
  5. State law: some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers and limitations of liability may not apply to you.
  6. miscellaneous: unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. our licensors and contractors are intended third-party beneficiaries of these disclaimers.
  7. indemnification: except for willful misconduct on the part of the company, its affiliates you agree to defend, indemnify and hold harmless The Music Experience, LLC its affiliates, subsidiaries, shareholders, officers, agents, employees, licensors and service providers from any and all claims, liability and expenses (including reasonable attorneys' fees and expenses), whether in tort, contract or otherwise, relating to or arising out of your use of the service and any breach of this agreement, applicable law or any right of the indemnified parties or any third party.This indemnification obligation includes the acts or omissions of anyone accessing the service using your login id, with or without your permission. i. resolving disputes: please read this provision of this section carefully. It provides that any dispute may be resolved by binding arbitration. By agreeing to arbitration, you are hereby waiving the right to go to court, including the right to a jury. In arbitration, a dispute is resolved by an arbitrator, or a panel of arbitrators, instead of a judge or jury. the parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose (by their acceptance of this agreement, in accessing or using the service or the site) to have any disputes resolved through arbitration.

G. MISCELLANEOUS:

  1. Notices: Notices to you will be deemed given when deposited in the mail or when sent by email. Notices may be included in statements or other communications to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or on an answering machine or voice mail system at your phone number on record with us. Your notices to us will be deemed given when we receive them at the telephone number or, in writing at the address, set forth above at “CONTACT INFORMATION.”
  2. Assignment of Account: We may assign your account and all rights and/or obligations hereunder to any third party without notice for any purpose, including collection of unpaid amounts, in the event of an acquisition, corporate reorganization, merger or sale of substantially all of our assets to another entity. You hereby consent to such assignment.
  3. Termination: We may terminate your right to use the Site at any time and without notice. We will terminate your right to use the Site if you violate this Agreement or any other policy posted on the Site.
  4. Full Agreement: This Agreement constitutes the entire agreement between us concerning your access to and use of the Service or Site and may be modified by the unilateral amendment of this Agreement and the posting by us of such amended version. No salesperson or other representative is authorized to change it for you.
  5. Applicable Law: The interpretation and enforcement of this Agreement shall be governed by the rules and regulations of the State of Georgia and other applicable federal laws. Notwithstanding the foregoing, Section I. shall be governed by the FAA without reference to state law.

THANK YOU FOR CHOOSING The Music Experience, LLC © 2016. and all related marks and logos are trademarks of The Music Experience.

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