Terms & Conditions
Should you have any queries about these Terms, please contact us.
If you are under the age of eighteen, you must seek the permission of a parent or guardian before accessing or using our Website.
LA Underground Radio does not provide any form of legal cover to individuals or companies who utilize its services to distribute content with any copyright protection. Under no circumstances will LA Underground Radio be responsible for the behavior of its clients or users when found to be broadcasting protected content. All licensing, copyright and royalty issues are the sole responsibility of the individual clients and/or their production entities.
You hereby release LA Underground Radio from any and all claims of any nature arising from the use, or inability to use, the Internet connection. LA Underground Radio cannot review materials on our server as a matter of course, but if it comes to our attention that you are submitting or streaming material that violates our terms and conditions or California law we will investigate and take action. The client understands and agrees that LA Underground Radio reserve the right to immediately close any account that violates our Terms and Conditions.
WEBSITE AND PHONE APPLICATIONS
Your access to and use of LA Underground Radio ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
LA Underground Radio for mobile phones requires that data be transmitted to and from your mobile device. Such data transmission may incur fees from your mobile provider, and you agree that LA Underground Radio is not liable for any such fees. You are advised by LA Underground Radio to review your contract with your mobile provider so that you do not incur any unexpected fees when using our Service.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
LA Underground Radio reserves the right to:
i) change or remove (temporarily or permanently) the website or any part of it without notice and you confirm that LA Underground Radio shall not be liable to you for any such change or removal; and
ii) change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Some online services, such as audio streaming, are provided by third party suppliers and while we seek to keep such services operational, at times this may not be under our control. Any link to other websites or third party service is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites or services.
i) All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the website design, text, graphics and all software and source codes connected with the website) are owned by or licensed to LA Underground Radio or otherwise used by LA Underground Radio as permitted by law.
ii) By supplying any images, video or creative work to LA Underground Radio you are responsible for having gained appropriate permissions or are the authorizer of use of copyrighted material. Any material found to be in breach of copyright will be removed from the website. LA Underground Radio will not be responsible for any supplied images being in breach or copyright – it will lie with the supplier of said materials.
iii) In accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
All material on this Website either belongs to or is licensed to us by our Affiliates, and should be treated as if belonging to us. Material on this Website must not be copied, reproduced, published or republished, posted, uploaded, distributed or transmitted, modified, manipulated or reverse engineered. Any use of the material on this site must be for personal, non-commercial use.
Unauthorized use of material on this Website as detailed above constitutes a breach of copyright and associated intellectual property rights.
Competitions featured both on our website or on air are subject to our Competitions Terms and Conditions.
Where our Website requires you to register, you must provide accurate and complete information. It is your responsibility to ensure that such information is up to date, and we accept no liability in the case of out-of-date information. You must not divulge your password to anyone. Each registration is for one user only. If you have reason to believe that the security of your account has been affected, please contact us immediately. We reserve the right to contact you by email, as provided at the time of registration, regarding your use of any forums and other interactive areas of the Website.
We have no control over the information and material posted by users on our Community Pages and Social Media Networks, but we reserve the right to edit, move and remove posts as necessary to keep the Community Pages and Social Media Networks safe for other users.
Users are asked not to:
· Use posts in the forums to advertise goods or services;
· Make posts or comments that are libelous, indecent, abusive, threatening, or infringe the copyright or other rights of third parties;
· Post messages which contain illegal or otherwise unlawful material;
· Post messages which contain viruses or code which may cause damage to another user's computer software or equipment, or impair the functionality of the Website;
· Impersonate or misrepresent any third parties.
We cannot guarantee the reliability, accuracy or impartiality of any messages posted, and as such we request that you do not rely in any way on anything posted on our Community Pages and Social Media Networks, and that you accept all risk associated with use of these Community Pages and Social Media Networks. Users should not rely upon any of the content of this Website as constituting advice, recommendations or agreements.
We reserve the right to remove your registration if you do not comply with the above guidelines, in order to keep our Website safe and reliable for other users.
"LA Underground Radio" is a trademark used by us, LA Underground Radio LLC, to uniquely identify our App, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our App or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing service.
Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
Third Party content
Our Website includes certain material and content from third parties. Ownership of this third party content may or may not be obvious to the user, and as such users should treat all content on this website as if it were the intellectual property of LA Underground Radio. LA Underground Radio has no responsibility for the content and material from third parties.
Users are asked to note that certain areas of our site are operated by third parties, and separate terms and conditions of use and privacy policies may apply to such sections. Please look out for these separate terms and policies.
Liabilities, warranties and indemnities
Our Website is provided on an 'as is' basis, without any express or implied warranty of any kind. We do not warrant that our Website will be error-free, or that any of the material therein is accurate.
We are not liable to users of third party content, material or websites for inconsequential or incidental damages such as loss of profits or loss of privacy. We cannot be responsible for errors in any advertising or promotional material that appears on our Website, although we would be grateful if you would notify us, should you notice any errors in any such material.
General Legal Terms
In the event of any of the Terms or part thereof being found to be illegal and/or unenforceable, that finding shall not affect the enforceability of the remainder of the Terms.
Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our App or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
Choice of Law
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California.
Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within a Small Claims Court in the State of California ("Small Claims Court").
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of drafting this Agreement, the monetary jurisdiction of the Small Claims Court is $10,000 for general claims, $4,000 for consumer credit cases, and $15,000 for forfeitures.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party's reasonable attorneys' fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other's operation, LA Underground Radio shall have the sole right to elect which provision remains in force.
LA Underground Radio reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Termination & Cancellation
We may terminate your access to our App and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will post the amended version here and e-mail you to inform you that there have been amendments. You must read the amended version and your continued use of our Service shall constitute your agreement to such amendments.
Refunds are only offered when you submit your credit card payment and your work has not been accepted and logged into our database. In all other circumstances LA Underground Radio reserves the rights to issue or deny refunds and you agree to waive your rights to request a refund and/or dispute a charge.
You are solely responsible to input your information in the forms correctly and upload your work according to our criteria.
Incorrectly filled forms or uploaded work cannot be modified and you agree to waive your rights to request a refund or dispute a charge should you fail to correctly fill forms or upload your work. Should you wish to upload again your information and work you will be required to submit another payment.
LA Underground Radio takes all complaints very seriously. If you have a complaint about anything you have heard on-air, please email us at: info@LAundergroundRadio.com Please note that for us to respond to your formal complaint, you must include your full name and a valid e-mail address. We aim to investigate and respond to all formal complaints within 28 days.
If you wish to reach us by phone you can call (424) 281-4317 and leave a voicemail. Please refer to the disclaimer below to see how we use your information.
For our full private policy please click this link.
The content of emails, voicemails and any further communications, either by electronic transmission, email, phone or in person might be recorded and used for for legal reasons should there be a reason to do so. By accepting this terms you give LA Underground Radio the right to use your details to the maximum extent permitted by law. LA Underground Radio reserves the right to refuse service and not answer emails and/or voicemails to anyone aggressive, rude, discriminating or segregating on the ground of race, color, sex, religion, or national origin.