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
• 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.
3. Privacy and Communications to the Site
4. Representations and Warranties
You represent and warrant that:
• all factual assertions that you have made and will make to NukeRadio.com are true and complete and
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:
(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
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.
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 firstname.lastname@example.org
• 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.
• 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.