Athena365.com and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually "Athena365.com"
) provide you access to the Athena365.com Web site (the "Site"
). Athena365.com 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"
1. Fees and Costs
Currently, Athena365.com 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. Athena365.com reserves the right, at any time, to charge fees for access to the Site or for any of its Services. Athena365.com will notify you of any such fees by posting information regarding such fees on the Site.
2. Content Guidelines/Prohibited Uses
- Content Guidelines.
You agree not to post, upload or transmit to the Site or to Athena365.com's servers any sound recordings, communications, text, graphics or other information (collectively, "Material") that:
- is obscene, fraudulent, indecent, discourteous, racially offensive, or abusive;
- defames, abuses, harasses or threatens others;
- contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other 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.com in its sole discretion shall determine your compliance with the foregoing guidelines and reserves the right to delete from the Site without prior notice any material that it deems to be non-complying or otherwise objectionable 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.
3. Links to Third-Party Sites
Any third-party sites to which the Site may link are not under Athena365.com's control, and Athena365.com 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.com 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, and such links are provided for 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.com 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.com 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.com SHALL HAVE NO LIABILITY FOR:
- 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;
- any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
- any decision made or action taken or not taken in reliance upon the Information furnished hereunder;
- 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;
- 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.com has been advised of the possibility of such damages; or
5. Privacy and Communications to the Site
6. Representations and Warranties
You represent and warrant that:
- all factual assertions that you have made and will make to Athena365.com are true and complete; and
8. Governing Law, Jurisdiction and Dispute Resolution
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.
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 firstname.lastname@example.org
- 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.
© 2005-2013 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.
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. If you are interested in learning about these protections, information is available at www.worldvillage.com/wv/school/html/control.htm
or other analogous sites providing information on such protections.