yadig.fm – the urban music revolution/
Terms of Use
1. ACCEPTANCE OF TERMS
We will refer to the yadig.fm website as the "Service".
We (that is yadig.fm and its other business groups and
affiliates) will provide the Service to you, subject to the
following terms and conditions – referred to as the "Terms of Use" or "TOU", which may be updated or
modified by us from time to time without notice to you, therefore
you need to regularly check this agreement to stay up to
date. You can review the most current version of the TOU at
any time at http://www.yadig.fm/termsofuse.html.
Your use of the Service will confirm your agreement to these
terms and conditions as well as your acceptance of the changes
we make to the TOU. In addition, when using particular yadig.fm
services subject to this TOU, you and yadig.fm 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 incorporated by reference into the
TOU.
Consequently, PLEASE READ THIS TERMS OF USE CAREFULLY
BEFORE ACCESSING OR USING yadig.fm. BY ACCESSING OR USING
yadig.fm, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE yadig.fm. REMEMBER THAT yadig.fm
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF yadig.fm SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
2. DESCRIPTION OF SERVICE
yadig.fm is the world's leading online urban events resource.
Unless explicitly stated otherwise, any new features that
augment or enhance the current Service shall be subject to
the TOU. You understand and agree that the Service is provided "AS
IS" and
that we do not assume responsibility for the timeliness,
deletion, mis-delivery or failure to store any user provided
content, communications, or personalization settings.
In order to use the Service, you must obtain access to the
World Wide Web, either directly or through devices that access
web-based 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 OBLIGATIONS
Use of the Service may require you to register and obtain
a password. In return for our enabling you to use the Service,
you agree to: (a) provide true, accurate, current and complete
information about yourself when necessary or 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 we have reasonable
grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, we have 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. yadig.fm PRIVACY POLICY
Registration Data and certain other information about you
is subject to our Privacy Policy. For more information, please
see our full privacy policy. In addition, by using the Service, you acknowledge
and agree that yadig.fm 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 TOU; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property,
or personal safety of yadig.fm, its users and the public.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
When the particular service you use requires you to register
as described above, you will also 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 yadig.fm 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. yadig.fm cannot and will not be liable
for any loss or damage arising from your failure to comply
with this Section.
6. USE OF THE SERVICE; MEMBER CONDUCT
(a) You understand that all information, data, text, messages,
postings, 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 yadig.fm, are entirely responsible
for all Content that you upload, post, or otherwise transmit
via the Service. If you have included information available
through the Service then you are responsible for making modifications
or updating information to the extent there are errors or
updates are required. yadig.fm 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 yadig.fm be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content
(for example, if an event posted on yadig.fm is listed
on the wrong date, place, or time), or for any loss or damage
of any kind incurred as a result of the use of any Content
posted, or otherwise transmitted via the Service.
You agree that you will not use the Service or the information
obtained through the Service (including without limitation,
directory or event listings):
a. for solicitations, commercial or otherwise;
b. for incorporation into a commercial product or service;
c. to download directory listings or other information by
using any type of automated means;
d. for the purposes of soliciting, offending or harassing
any person or persons;
e. to alter the directory listings, event listings, or other
information, or enter additional listings or Content which
in any way: (i) are unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable, (ii) violates any patent, trademark,
service mark, trade secret, copyright or other proprietary
rights ("Rights") of another, or (iii) are known
to be false or misleading at the time of entry.
f. harm minors in any way;
g. impersonate any person or entity, including, but not
limited to, a yadig.fm official, or falsely state or
otherwise misrepresent your affiliation with a person or
entity;
h. provide 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);
i. transmit any material that contains software viruses
or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
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;
or
k. intentionally or unintentionally violate any applicable
local, state, national or international law.
(b) You acknowledge that yadig.fm does not pre-screen
Content, but that yadig.fm and its designees shall have
the right (but not the obligation) in their sole discretion
to refuse, move or remove any Content that is available via
the Service. Without limiting the foregoing, we shall have
the right to remove any Content that violates the TOU 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 us or submitted
to us.
(c) 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. PUBLIC CONTENT POSTED TO yadig.fm
(a) For purposes of the TOU, "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 the yadig.fm Events Listing.
Please note that this Content may be seen by anyone using
the Service.
(b) With respect to all other Content you elect to post
to publicly accessible areas of the Service, you grant yadig.fm
the world-wide 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) and/or to incorporate it in other works, in any
form, media, or technology now known or later developed.
(c) You represent and warrant that you have all right, title
and interest in, or otherwise have the right to publicly
display all Content that you post to or transmit through
the Service and that the Content you post to or transmit
through the Service does not infringe, or dilute any third
party right.
8. yadig.fm’S RIGHTS AND REPRESENTATIONS
(a) yadig.fm reserves the right to deny access to you
or any group of users to the Service, at its sole discretion,
at any time. yadig.fm also reserves the right to remove
any listings or other information or Content from the Service
at any time and at its sole discretion.
(b) yadig.fm cannot and does not guarantee or warrant
that files available for downloading through the Service
will be free of infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining
a means external to the Service for the reconstruction of
any lost data.
(c) yadig.fm DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE, OR ANY MERCHANTS
LISTED ON THE SERVICE, AND yadig.fm SHALL NOT BE LIABLE
FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. yadig.fm DOES NOT WARRANT
THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE
IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
IN NO EVENT WILL yadig.fm (OR ITS DIRECTORS, OFFICERS,
EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS
OR AFFILIATES) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION,
OR TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED FROM
THE SERVICE, EVEN IF yadig.fm OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE, INCLUDING WITHOUT LIMITATION
ANY DIRECTORY OR EVENT LISTINGS OR INFORMATION DOWNLOADED
THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, yadig.fm'S LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW.
9. INDEMNITY
You agree to indemnify and hold yadig.fm, 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 TOU, or your violation
of any rights of another.
10. MODIFICATIONS TO SERVICE
yadig.fm 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 yadig.fm shall not be liable to you or
to any third party for any modification, suspension or discontinuance
of the Service.
11. TERMINATION
You agree that yadig.fm, 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 yadig.fm believes that you have
violated or acted inconsistently with the letter or spirit
of the TOU. yadig.fm 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
TOU may be effected without prior notice, and acknowledge
and agree that yadig.fm 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 yadig.fm shall
not be liable to you or any third party for any termination
of your access to the Service.
12. 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 yadig.fm 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.
13. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because yadig.fm
has no control over such sites and resources, you acknowledge
and agree that yadig.fm 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 yadig.fm
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.
14. yadig.fm'S PROPRIETARY RIGHTS AND IDEA SUBMISSIONS
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 yadig.fm
or 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.
The compilation of the contents of the Service are copyrighted
under the United States copyright laws. The owner of the
copyright is yadig.fm and in some cases a third party.
yadig.fm grants you a personal, non-transferable, non-sublicenseable,
and non-exclusive right and license to print and download
portions of directory or event listings from or other information
found on the Service solely for your own non-commercial use.
Any other copying, redistribution, retransmission, display
or publication of any downloaded information is strictly
prohibited without the express written consent of yadig.fm.
You agree to grant to yadig.fm a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sublicense,
to reproduce, distribute, transmit, create derivative works
of, and publicly display any Content, including directory
listings and other materials or information such as ideas
contained therein for new or improved products and services
you submit to yadig.fm (such as through posting to public
areas or mailing to yadig.fm) by all means and in any
media now known or hereafter developed. You also agree to
grant to yadig.fm the right to use your name in connection
with the submitted Content as well as in connection with
all advertising, marketing and promotional material related
thereto. You grant yadig.fm non-exclusive, royalty-free,
worldwide permission to implement or use in any manner and
in any media any ideas or information contained in your communications.
You further agree to release yadig.fm from any claims
of alleged or actual infringement, or misappropriation of
any proprietary rights that may result from such implementation
or use.
15. DISPUTE RESOLUTION
Any cause of action or claim you may have with respect to
the Service must be commenced within one year after the claim
or cause of action arises or such claim or cause of action
is barred. ALL DISPUTES, CONTROVERSIES OR CLAIMS, WHETHER
BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION
OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO
THIS AGREEMENT AND THE SERVICE ("DISPUTES") SHALL
BE SETTLED BY FINAL AND BINDING ARBITRATION CONDUCTED IN
WASHINGTON, DC BY A NEUTRAL ARBITRATOR, IN ACCORDANCE WITH
THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION
RULES OF THE AMERICAN ARBITRATION ASSOCIATION. The arbitrability
of Disputes shall also be determined by the arbitrator. Each
party shall bear its own expenses, except that the prevailing
party may recover the filing costs and the expenses of the
arbitrator from the other party. Any award of the arbitrator
shall be in writing and shall state the reasons for the award.
Judgment upon an award may be entered in any Court having
competent jurisdiction. The arbitrator shall not have the
power to order pre-hearing discovery of documents or the
taking of depositions, but may compel attendance of witnesses
and the production of documents at the hearing. The Federal
Arbitration Act, 9 U.S.C. Sections 1 to 14, shall govern
the interpretation and enforcement of this paragraph. The
parties, their representatives and participants and the arbitrator
shall hold the existence, content and result of the arbitration
in confidence, except to the limited extent necessary to
enforce a final settlement agreement or to obtain or enforce
a judgment on an arbitration decision and award. The foregoing
notwithstanding, this agreement shall not prevent the parties
from seeking and obtaining temporary equitable remedies,
including temporary restraining orders, from a court with
jurisdiction over the parties and the subject matter. A request
to a court for interim equitable relief shall not be deemed
a waiver of the obligation to arbitrate.
16. TRADEMARK NOTICES
yadig.fm is a trademark and/or service mark of yadig.fm,
Inc. Other yadig.fm products, services and company names
mentioned herein and or applicable Company Web sites may
be the trademarks and/or service works of yadig.fm. Other
product, service and company names mentioned herein may be
the trademarks or service marks of their respective owners.
17. MISCELLANEOUS
This Agreement shall all be governed and construed in accordance
with the laws of the District of Columbia applicable to agreements
made and to be performed in the District of Columbia . This
site is controlled and operated by yadig.fm from its
offices within the United States of America. yadig.fm
makes no representation that materials in the site are appropriate
or available for use in other locations. Those who choose
to access this site from other locations do so on their own
initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. yadig.fm's
failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify
any provision of this Agreement. yadig.fm may assign
its rights and duties under this Agreement to any party at
any time without notice to you. The section titles in the
TOU are for convenience only and have no legal or contractual
effect.
18. VIOLATIONS
Please report any violations of the TOU by emailing to info@yadig.fm.
