TERMS & CONDITIONS
Last modified date: October 28 2020
Acceptance of the Terms of Service
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of http://www.thirdearradio.com (“Third Ear Radio” or the “Webplayer/App”), including any content, functionality and services offered on or through the Webplayer/App, whether as a guest or a registered user. These Terms of Service apply to the Webplayer/App, web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs”, or other online or wireless offerings that post a link to these Terms of Service, whether accessed via computer, mobile device or other technology, manner or means.
If you access or use the Webplayer/App, whether you click to accept or not, you agree to all of the various terms in these Terms of Service. If you do not understand all of these Terms of Service, you should consult an attorney before agreeing to any of the Terms of Service.
You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.
When using the Webplayer/App, you shall be subject to any posted rules, community guidelines, or policies. Such rules, guidelines, and policies are hereby incorporated by reference into these Terms of Service. We may also offer other Webplayer/Apps that are governed by different Terms of Service.
Ability to Accept Terms of Service
You affirm that you are at least 21 years of age or the age of majority in the jurisdiction you are accessing the Webplayer/App from, 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. If you are under 21 or the applicable age of majority, you are not permitted to submit personal information to us or use the Webplayer/App. You also represent that the jurisdiction from which you access the Webplayer/App does not prohibit the broadcasting of explicit content.
All changes are effective immediately when we post them, and apply to all access to and use of the Webplayer/App thereafter. The updated version supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. If you do not review new terms as posted, then you agree that you have waived your right to do so, and you are therefore bound by the updated conditions, even if you failed to review the new ones. You are on notice of changes, and your failure to review the amended terms is your own omission. By continuing to use the Webplayer/App subsequent to us making available an amended version of these Terms of Service, you thereby acknowledge, agree to and consent to such amendment.
Changes to the Terms of Service
We may modify or revise these Terms of Service from time to time in our sole discretion and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these Terms of Service, you are expected to periodically review the most up-to-date version found at http://www.thirdearradio.com/TERMS, so you are aware of any changes, as they are binding on you.
If we change anything in these Terms of Service, the change will be reflected in the “last modified date”. You agree that you will periodically review these terms and refresh the page when doing so. You agree to note the date of the last revision of these terms. If the “last modified” date is unchanged from the last time you reviewed these terms, then they are unchanged. On the other hand, if the date has changed, then there have been changes, and you agree to re-review the terms, and you agree to the new ones.
About Our Webplayer/App
The Webplayer/App allows for broadcasting an general hearing of various types of adult-oriented content by registered unregistered users who desire to share and hear audio and visual depictions of adult-oriented content, including explicit content.
The Webplayer/App is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by the Webplayer/App.
You understand and acknowledge that when using the Webplayer/App, you will be exposed to content from a variety of sources, and that the Webplayer/App is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Webplayer/App with respect thereto, and agree to indemnify and hold the Webplayer/App, its site operator, its parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Webplayer/App.
Accessing the Webplayer/App
We reserve the right to withdraw or amend this Webplayer/App, and any service or material we provide on the Webplayer/App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Webplayer/App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Webplayer/App, or the entire Webplayer/App, to users, including registered users.
You are responsible for:
making all arrangements necessary for you to have access to the Webplayer/App;
ensuring that all persons who access the Webplayer/App through your internet connection are aware of these Terms of Service and comply with them.
To access the Webplayer/App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Webplayer/App that all the information you provide on the Webplayer/App is correct, current and complete. You agree that all information you provide to register with this Webplayer/App or otherwise, including but not limited to through the use of any interactive features on the Webplayer/App.
If you interact with us or with third-party service providers, and you provide information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services. In the event you use our Webplayer/App over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.
Our Intellectual Property
Third Ear Radio and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Webplayer/App, such as trademarks, service marks, names or logos associated with third party Content providers, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos. The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of the Webplayer/App or vice versa.
Certain materials available on or through the Webplayer/App are content we own, authored, created, purchased, or licensed (collectively, our “Works”). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Webplayer/App. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Webplayer/App. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.
The above described license is conditioned on your compliance with these Terms of Service, and shall terminate upon termination of these Terms of Service. If you breach any provision of these Terms of Service, any access you have obtained will be automatically rescinded and terminated. In order to protect our rights some Content made available on the Webplayer/App may be controlled by digital rights management technologies, which will restrict how you may use the Content. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology. Such conduct is prohibited by law.
If the Webplayer/App does not allow you to download or otherwise copy our Works, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess and use the content for personal, non-commercial use, subject to terms and conditions.