If you create an account on TunedIn Media’s Website and/or Applications, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website and/or Applications. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and TunedIn (“TunedIn,” “we,” or “us”), may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause TunedIn liability. You must immediately notify TunedIn of any unauthorized uses of your account or any other breaches of security. TunedIn will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Some areas of the Service may allow Users to post and/or create feedback, comments, questions, and other information (collectively “User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. TunedIn takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service, including without limitation your posting of or visits to TunedIn, is solely your responsibility. TunedIn is not responsible for any public display or misuse of your User Content. You may be exposed to User Content that is inaccurate or objectionable.
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to TunedIn a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
TunedIn has not reviewed, and cannot review; all of the material posted to the Website and/or Applications, and cannot therefore be responsible for that materials content, use or effects. By operating the Website and/or Applications, TunedIn does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website and/or Applications may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, content mistakes, and other errors. The Website and/or Applications may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. TunedIn disclaims any responsibility for any harm resulting from the use by visitors of the Website and/or Applications, or from any downloading by those visitors of content they posted.
Except for your User Content, all right, title, and interest in and to the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content are and will remain the exclusive property of TunedIn and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the TunedIn Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. Any feedback, comments, or suggestions you may provide regarding TunedIn or Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The following rules of conduct apply to your use of the Website and/or Applications and to any and all materials you post on TunedIn including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Content) whether the User Content is included in blogs, discussion groups, emails, profiles, comments, reviews or any other portion or feature of TunedIn. You may not, in connection with the Website and/or Applications: Upload, post, email or otherwise transmit any User Content that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; infringes or violates any patent, copyright, trademark, trade secret or other property right; breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way; constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech; violates or encourages others to violate any applicable law, statute, ordinance or regulation; promotes software or services that deliver unsolicited e- mail; or contains viruses, Trojan horses, worms, time bombs, or other similar harmful programming routines. You may not use the Website and/or Applications to: Engage in commercial activities within TunedIn; harm minors in any way; solicit personal information from anyone under 18; provide false or deceptive information; use TunedIn content to engage in commercial activities; delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or allow usage by others in such a way as to violate TunedIn’s Terms of Service.
TunedIn reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/or Applications (or any part thereof) with or without notice. TunedIn shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website and/or Applications.
TunedIn may, under certain circumstances and without prior notice, immediately terminate your TunedIn account and access to the Website and/or Applications and any other TunedIn services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website and/or Applications (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website and/or Applications or any other TunedIn product. Termination of your TunedIn account includes: (a) removal of access to all pages within the Website and/or Applications; (b) deletion of your password and all related information, files and materials, including User Content associated with or inside your account (or any part thereof); and (c) barring of further use of the Website and/or Applications. Further, you agree that all terminations for cause shall be made in TunedIn’s sole discretion and that TunedIn shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website and/or Applications.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND/OR APPLICATIONS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TUNEDIN, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF TUNEDIN, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND/OR APPLICATIONS AND YOUR USE THEREOF. TUNEDIN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE AND/OR APPLICATION’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND/OR APPLICATIONS BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. TUNEDIN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE AND/OR APPLICATIONS OR OTHER PROMOTION, AND TUNEDIN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TUNEDIN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL TUNEDIN, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, OWNER, OR OPERATOR OF TUNEDIN, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND/OR APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND/OR APPLICATIONS BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TUNEDIN SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless TunedIn, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of TunedIn, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website and /or Application; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website and /or Applications.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. TunedIn is not intended for children under 13. If you are under 13 years of age, then please do not use the TunedIn’s Website and / or Applications.
These Terms of Service, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by TunedIn without restriction.
The TunedIn (Copyright) All Rights Reserved and no portion of the Website and/or Applications may be copied, reproduced, transmitted, or otherwise used for any purpose without the prior written permission of TunedIn.
All of the TunedIn trademarks are owned by TunedIn and may not be used for any purpose without the prior written permission of TunedIn.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and TunedIn’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. TunedIn reserves the right to amend these Terms of Service at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Service for any changes. Your use of the Website and/or Applications following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website and/or Applications must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Please report any violations of the Terms of Service, including objectionable User Content or behavior, to copyright@TunedIn.de. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, TunedIn in its sole discretion may investigate the matter and take such action as TunedIn determines to be appropriate.