Terms and Conditions
Updated May 27, 2009
Welcome to the Media Tuners LLC ("Tuner2") Web properties, which includes tuner2.com (the "Site(s)"). The following terms and conditions apply to and govern your use of the Sites and any services offered through the Sites, including Internet radio directories, podcasts, mobile alert subscriptions, and mobile portal access, among other things (the "Services"). Your use of the Sites and Services confirms your agreement to be bound by these Terms and Conditions. You agree to use the Sites and Services in a manner consistent with all applicable laws and regulations and in accordance with the Terms and Conditions set forth below. If you are not yet 13 years old, you must discontinue using the Sites and Services immediately.
Tuner2 reserves the right to change or modify any of the terms and conditions contained in this agreement or any policies or guidelines of the Sites and Services, at any time and in its sole discretion. You agree that such changes and modifications may be made solely by posting the revised Terms and Conditions or other policies or guidelines on tuner2.com and indicating at the top thereof the date it was last updated. You expressly agree to such form of notification of changes and modifications and waive any right to receive individual notice of such changes or modifications. Any changes or modification will be effective immediately upon posting of the revisions on tuner2.com. Your continued use of the Sites or Services following the posting of any changes or modifications will constitute your acceptance of such changes or modifications.
Tuner2 does not provide refunds of any kind for any reason. Once payment is received, it is non-refundable.
With the exception of 3rd party sites and content referred to by Sites, all content on Sites is owned by Tuner2 or its licensors. You acknowledge that no title to Sites or Services is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this agreement. You may not resell Sites or Services.
Tuner2 is not liable for 3rd party links referred to or indexed by Sites. Links to such sites and content does not construe an endorsement by Tuner2 or its affiliates. Any concerns with such sites should be directed to the owners of those sites.
You agree to release, indemnify, defend and hold harmless Tuner2, its affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.
All Sites and Services are provided "AS-IS" without representations or warranties of any kind, either expressed or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose, or accuracy. Tuner2 does not warrant that the Sites or Services will be error-free or uninterrupted, or free of viruses or other harmful components, or that defects will be corrected.
Tuner2 may require each user to have a unique user name and password combination in order to access and use certain sites and Services. Please read the PRIVACY section, which describes the personally identifiable information ("Personal Information") Tuner2 collects, uses, discloses, manages and stores. Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. This limitation includes access to subscription services which may be offered by Tuner2 including those which authorize access with methods other than usernames and/or passwords. Access to paid services may not be shared under any curcumstances. Tuner2 is not liable for any harm caused by or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify Tuner2 if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
You acknowledge that Tuner2 may collect and process personal information including but not limited to full name, mobile phone number, postal address, phone number or e-mail address, age, gender, birthday, internet protocol addresses, latitude and longitude coordinates, and usage patterns in connection with the Sites and Services. We may pass on such personal information to your mobile phone service provider or their services providers and affiliates to secure collection of fees.
Information collected by Tuner2 may be stored and processed in any country in which Tuner2 or its agents maintain facilities. By using the Sites and Services, you consent to any such transfer of information outside of your country. We may sell, transfer, or otherwise disclose user information, including personally identifiable information, to a successor entity in connection with a corporate merger, consolidation, the sale of substantially all assets, or other corporate change respecting the Sites and Services.
Except as provided above, Tuner2 does not sell, rent, or share individual personal, financial, or demographic usage information. Tuner2 may provide anonymous, aggregate user data to 3rd parties. For example, we may indicate listener counts on stations listed at tuner2.com. Tuner2 may also use user coordinate data to generate publicly viewable maps. Such maps may reveal the location, content selection, and approximate time of individual listen events.
Tuner2 links to 3rd party Web sites who may have different information practices. You should refer to their privacy policies when interacting with those sites.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
While Tuner2 has put measures in place to protect data security, due to the open nature of the Internet, Tuner2 cannot guarantee data security. Also, it is important to note that the Sites and Services are operated in the United States, where data protection and privacy requirements may offer a different level of protection than those in other parts of the world. You use our Sites and Services at your own risk.
TERMINATION AND CANCELLATION OF SERVICES
You agree that Tuner2 at its sole discretion, may at any time terminate your use of the Services and Sites and/or change its content offering made available through the Service, if Tuner2 believes that you have violated or acted inconsistently with this agreement. You agree that upon termination of your access to the Services and Sites under any provision of this agreement, Tuner2 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 Services and Sites Further, you agree that Tuner2 shall not be liable to you or any third party for any termination. If you cancel a Service for any reason, Tuner2 will not refund any of your fees paid to date.