Terms Of Use

1. Fees and Costs
Currently, NukeRadio provides the Services free of charge to listeners. You are responsible for paying any applicable taxes and for all hardware, software, service and other costs you may incur in connection with the Services, including costs incurred in connecting to the Site via the Internet, wireless service, or other means. NukeRadio reserves the right, at any time, to charge fees for access to the Site or for any of its Services. NukeRadio will notify you of any such fees by posting information regarding such fees on the Site and/or by other communication.

2. Content Guidelines/Prohibited Uses
You agree not to post, upload or transmit to the Site or to NukeRadio’s servers any sound recordings, communications, text, graphics, digital content, or other information (collectively, “Material”) that:
• Is obscene, fraudulent, indecent, discourteous, racially offensive, or abusive;
• Defames, abuses, harasses or threatens others;
• Contains any computer viruses, Trojan horses, worms, time bombs, cancelbots, ransomware, rootkits, keyloggers, dialers, spyware, adware, malicious BHOs, rogue security software or other malicious programs, disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Advocates or encourages any illegal activity;
• Infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party;
• Violates the privacy of individuals, including other users of the Site; or
• Violates any applicable local, state, national, or international law.

NukeRadio in its sole discretion shall determine your compliance with the foregoing guidelines. NukeRadio reserves the exclusive rights to delete from the Site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason and to terminate, suspend, and/or otherwise deny Site access to any user determined to have violated the foregoing guidelines for any reason.
• Uploading sound recordings
• The uploading of original sound recordings by you to the Site is governed by a License and Release.
• Transmission of Internet Radio Programs
• You must read and agree to the terms of NukeRadio’s Broadcaster Agreement for Individuals / Natural Persons (the “Transmission Agreement”) in order to transmit your own Internet radio programs or other content via the Site. To the extent these Terms of Use conflict with the Transmission Agreement with respect to any Internet radio programs or other content transmitted by you via the Site, the Transmission Agreement shall govern.
• Other Restrictions on use

You shall comply with all laws and regulations applicable to your use of the Services, the Site, and the Material. You may not make available or list any Internet radio program or content generated by or offered through the Site or NukeRadio’s servers on any other Web site or in any other medium without the prior express written permission of NukeRadio. Such permission includes through your authorized use of present or future NukeRadio products and/or features that permit such content distribution, sharing, or other functions. You may make an Internet radio program that you have created available on a Web site that is wholly owned or controlled by you. You may not download or store any sound recordings or Internet radio programs from the Site to the hard drive of your computer or on another personal storage device. The maximum bitrate of your Internet radio program may not exceed the bitrate determined in the broadcasting package purchased, unless prior written approval has been granted by an authorized representative of NukeRadio.
NukeRadio may take any action with respect to the Material if NukeRadio believes, in its sole discretion, that the Material may create liability for itself or any third parties or may cause NukeRadio to lose (in whole or in part) the services of its ISPs, vendors, advertisers or other parties. You are not permitted to use NukeRadio’s name, URL, trademarks or other material in any manner, including, without limitation, in connection with “spam” email messages or newsgroup postings. For the purposes of these Terms of Use, “spam” has the meaning generally understood among Internet users, and includes without limitation “unsolicited electronic mail advertisements” as that phrase is defined under California Business and Professions Code section 17538.45. You may not impose an unreasonable or disproportionately large load (as determined by NukeRadio in light of the load imposed by other users generally) on NukeRadio’s infrastructure. You may not use any “bot” or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from NukeRadio or any of its business affiliates.

3. Privacy and Communications to the Site
Any communication, information or other material you transmit or post to the Site, by electronic mail or otherwise (other than personally identifiable information about you), including any answers to questions, comments, suggestions, or other data supplied by you is, and will be treated as, non-confidential and non-proprietary. You hereby grant to NukeRadio.com a non-exclusive, worldwide, perpetual fully paid-up license to use any such communication, information or material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, distribution, advertising, marketing, promotion, research, broadcast, display, modification, syndication, licensing and posting. NukeRadio.com s use of personally identifiable information, as well as NukeRadio.com s use of cookies and other tracking methods, is governed by the terms of NukeRadio.com s Privacy Policy. By accepting the Terms of Use, you expressly consent to disclosures of such personally identifiable and other personal information to third parties, and to NukeRadio.com s use of your information, as enumerated in NukeRadio.com s current privacy policy, which is incorporated herein by reference. Because Privacy Policy on NukeRadio.com may change from time to time, you should also review it regularly for updates.

4. Representations and Warranties
You represent and warrant that:
• you have full right and power to enter into and perform these Terms of Use, and have secured all third party consents necessary to enter into these Terms of Use.
• all factual assertions that you have made and will make to NukeRadio.com are true and complete and
• you are of the age of majority, have the right to enter into legally binding agreements, and have the full and complete right to agree to these Terms of Use.

5. Termination
NukeRadio.com reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Without limiting the preceding sentence, NukeRadio.com may terminate your use of the Services or access to the Site immediately and without notice if:
(a) you breach the Terms of Use
(b) you infringe the intellectual property rights of a third party in connection with the Services
(c) NukeRadio.com is unable to verify or authenticate any information you provide to it, or
(d) any material uploaded or transmitted by you to the Site violates any applicable laws or rights of any third party.

6. Governing Law, Jurisdiction and Dispute Resolution
The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles. You and NukeRadio.com agree that any and all disputes arising out of or related to these Terms of Use shall be resolved solely through binding arbitration pursuant to the provisions of this paragraph and the then-current rules of the American Arbitration Association (to the extent not inconsistent with this paragraph). Any arbitration arising out of or related to these Terms of Use shall be held in San Mateo County, Foster City, California, before one independent arbitrator agreed upon by both parties. Any arbitration will be final and binding, and the arbitrators order will be entered and enforceable in any court of competent jurisdiction. The arbitrator will be chosen within thirty (30) days of the submission of any issue to arbitration, the discovery (if any) will be completed within sixty (60) days thereafter, the hearing will occur within thirty (30) days thereafter and the arbitrator must render his or her decision, in writing, within thirty (30) days after the end of such hearing.

7. Changes to the Services and the Site
NukeRadio.com reserves the right to change, suspend or discontinue any aspect of the Services or the Site at any time, including the availability of any of the Site features, databases or content. NukeRadio.com will attempt to provide reasonable notice of such changes to the Services or the Site. NukeRadio.com may also impose limits on features or restrict access to parts of the Site.

8. Modifications to the Terms of Use
NukeRadio.com.com may amend these Terms of Use at any time by posting amended Terms of Use to the Site. The amended Terms of Use shall be effective immediately upon posting to the Site. NukeRadio.com therefore encourages you to review these Terms of Use frequently.

9. Unlawful Conduct
Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to NukeRadio.com’s Designated Agent at help@nukeradio.com

10. Miscellaneous
• Your sole remedy for any breach of these Terms of Use by NukeRadio.com shall be an action at law for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of NukeRadio.com, or any breach of these Terms of Use by NukeRadio.com.
• These Terms of Use constitute the entire understanding of you and NukeRadio.com with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.
• Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and NukeRadio.com.
• The provisions of these Terms of Use are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of you and NukeRadio.com as reflected in the original provision.
• Any delay or failure on the part of NukeRadio.com to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.
• You indemnify and hold harmless NukeRadio.com, and the officers, directors, employees, partners, principals, agents and representatives of NukeRadio.com, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorney’s fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms of Use.
• All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Use, including without limitation all of your representations, warranties and indemnification obligations.
• NukeRadio, Inc. All rights reserved. NukeRadio.com and the NukeRadio.com logo are trademarks of NukeRadio, Inc. All other trademarks, product names, and company names or logos cited herein remain the property of their respective owners.