Terms of Use

Live365, Inc. and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually "Athena365") provide you access to the Athena365.com Web site and Athena365's mobile device applications (collectively, the "Site") subject to the terms and conditions of use set forth below (the "Terms of Use"). Athena365 offers certain products and services via the Site, including, without limitation, the provision of user-generated audio transmissions, message boards, and chat services (collectively, the "Services"). You agree to read these Terms of Use carefully before using the Site and/or the Services. By using the Site and the Services, you agree to abide by the Terms of Use, as follows:

1. Fees and Costs

Currently, Athena365 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. Athena365 reserves the right, at any time, to charge fees for access to the Site or for any of its Services. Athena365 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
  1. Content Guidelines.

    You agree not to post, upload or transmit to the Site or to Athena365'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.

    Athena365 in its sole discretion shall determine your compliance with the foregoing guidelines. Athena365 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.

  2. Uploading Sound Recordings.

    The uploading of original sound recordings by you to the Site is governed by a License and Release.

  3. Transmission of Internet Radio Programs.

    You must read and agree to the terms of Athena365'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.

  4. 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 Athena365's servers on any other Web site or in any other medium without the prior express written permission of Athena365. Such permission includes through your authorized use of present or future Athena365 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 Athena365. Athena365 may take any action with respect to the Material if Athena365 believes, in its sole discretion, that the Material may create liability for itself or any third parties or may cause Athena365 to lose (in whole or in part) the services of its ISPs, vendors, advertisers or other parties. You are not permitted to use Athena365'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 Athena365 in light of the load imposed by other users generally) on Athena365'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 Athena365 or any of its business affiliates.

3. Links to Third-Party Sites

Any third-party sites to which the Site may link are not under Athena365's control or supervision. Athena365 does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, Athena365 does not intend links contained on the Site to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them. Such links are provided for user convenience only.

4. DISCLAIMER AND LIMITATION OF LIABILITY

THE SERVICES, INFORMATION, CONTENT, AUDIO TRANSMISSIONS OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITE (COLLECTIVELY, "Information") ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Athena365 MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. Athena365 MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITE, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 5, Athena365 SHALL HAVE NO LIABILITY FOR:

  1. any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Site or the Services;
  2. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
  3. any decision made or action taken or not taken in reliance upon the Information furnished hereunder;
  4. any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use by you of the Internet generally;
  5. any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Services or the Site, even if Athena365 has been advised of the possibility of such damages; or
  6. any lost profits or special, incidental or consequential damages (no matter how they might arise, including from Athena365's negligence) arising out of or in connection with the Information, the Services, the Site or these Terms of Use.

Notwithstanding any provision of these Terms of Use to the contrary, Athena365's total liability to you is limited to $1.00 (one dollar). Some states do not allow the foregoing limitations of liability, so they may not apply to you. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you also may have other legal rights which vary from state to state.

5. 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 Athena365.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. Athena365.com's use of personally identifiable information, as well as Athena365.com's use of cookies and other tracking methods, is governed by the terms of Athena365.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 Athena365.com's use of your information, as enumerated in Athena365.com's current privacy policy, which is incorporated herein by reference. Because Athena365.com's Privacy Policy may change from time to time, you should also review it regularly for updates.

6. Representations and Warranties

You represent and warrant that:

  1. 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;
  2. all factual assertions that you have made and will make to Athena365.com are true and complete; and
  3. 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.

7. Termination

Athena365.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, Athena365.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) Athena365.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.

8. 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 Athena365.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 arbitrator's 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.

9. Changes to the Services and the Site

Athena365.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. Athena365.com will attempt to provide reasonable notice of such changes to the Services or the Site. Athena365.com may also impose limits on features or restrict access to parts of the Site.

10. Modifications to the Terms of Use

Athena365.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. Athena365.com therefore encourages you to review these Terms of Use frequently.

11. Unlawful Conduct

Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to Athena365.com's Designated Agent at abuse@athena365.com.

12. Miscellaneous
  1. Your sole remedy for any breach of these Terms of Use by Athena365.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 Athena365.com, or any breach of these Terms of Use by Athena365.com.
  2. These Terms of Use constitute the entire understanding of you and Athena365.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.
  3. 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 Athena365.com.
  4. 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 Athena365.com as reflected in the original provision.
  5. Any delay or failure on the part of Athena365.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.
  6. You indemnify and hold harmless Athena365.com, and the officers, directors, employees, partners, principals, agents and representatives of Athena365.com, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms of Use.
  7. 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.

© 2005-2014 Live365, Inc. All rights reserved. Athena365.com and the Athena365.com logo are trademarks of Live365, Inc. All other trademarks, product names, and company names or logos cited herein remain the property of their respective owners.

How you can reach Athena365.com

The Services hereunder are offered by Live365, Inc., located at 950 Tower Lane, Suite 1550, Foster City, CA 94404. Our phone number is 650-345-7400. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Fees for services offered by us are available as described in Section 1.

Complaints?

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

(revised 10/1/2013)