TERMS AND CONDITIONS AGREEMENT

TERMS OF USE AGREEMENT

These Terms of Use (“Terms”) govern your use of any website, mobile/tablet application and/or other service offer (collectively, the “Services”) by LA Underground Radio LLC and its subsidiaries. References to “LA Underground Radio”, “Website”, “we”, “us” and “our” are to LA Underground Radio LLC and we refer to you, the user, as “you” and “your” and “user”.

Changes 

We reserve the right to change these Terms and Conditions and/or Terms of use at any time. It is your responsibility to check these Terms and Conditions and/or Terms of use at any time to ensure that you agree to them, before using our Website, its features and services. If you continue to use the Services after we change the Terms, you accept all changes.

Additional Terms  

Additional terms may apply to your use of the Services. For example, all listener and reward credits have their own terms and conditions. We will provide these additional terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control. Some Services will utilize software provided by a third party, who will require that users be bound by their own terms of service and/or privacy policy (“Third Party Policies”). While agreement to Third Party Policies may be required in order to utilize certain Services or to use our services, the Third Party Policies are a separate agreement between the user and such third party. In the event of any conflict between the Third Party Policies and Terms or Policies of LA Underground Radio, LA Underground Radio’s Terms and Policies will govern the LA Underground Radio Services and the Third Party Policies will govern any dispute between a user and that third party regarding third party services.

Please read these Terms and Conditions before using any of the features and services on this site. Your use of our website constitutes your acceptance of these Terms and Conditions. If these Terms and Conditions are not accepted in full, you do not have permission to access our Website, use its features and services and the material contained therein, and your use of the Website, its features and services should cease immediately.

Should you have any queries about these Terms, please contact us.

LA Underground Radio does not provide any form of legal cover to individuals or companies who utilize the Website, its features and 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 businesses. You hereby release LA Underground Radio from any and all claims of any nature arising from copyrighted material contained in your content.

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 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 and/or Terms of use at any time. You hereby agree to forfeit any outstanding balances you might have with LA Underground Radio and release LA Underground Radio from any and all claims of any nature arising from the use, or inability to use, the Internet connection.

Copyright Complaints 

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows: dmca@laundergroundradio.com. In order to allow for spam filtering, only emails with the text “Copyright Infringement” in the subject line will be read. All other emails will be discarded.
 
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
 
• (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LA Underground Radio to locate the material.
• (iv) Information reasonably sufficient to permit LA Underground Radio to contact the complaining party, such as an address, telephone number, and, if available, an email address.
• (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

People under the age of 18

If you are under the age of eighteen, you must seek the permission of a parent or guardian before accessing or using our Website, its features and services. 

Adults enrolling for a person under the age of 18 assume full financial and legal responsibility for the minor.

RECURRING SUBSCRIPTIONS AND MONTHLY PAYMENTS POLICY

Our recurring payments and/or monthly payments start from the first day of a cleared payment and ends after 30 days. LA Underground Radio applies a Non-Refundable Policy for payments and you agree to waive your rights to request a full or partial refund and/or dispute a charge. You understands that each payment that is required under this Terms and Conditions and/or Terms of Use is non-refundable and non-creditable against other fees payable in connection with the Website unless otherwise stated.

WEBSITE AND PHONE APPLICATIONS

Access

Your access to and use of LA Underground Radio (“the Website”) is subject exclusively to these Terms and Conditions and Terms of use at any time. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions and Terms of use at any time or the law. By using the Website you are fully accepting the terms, conditions, disclaimers and terms of use contained in this notice. If you do not accept these Terms and Conditions and Terms of use at any time you must immediately stop using the Website. Only one account per person or business is permitted and is not transferable.

Data charges

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 in any unexpected fees when using our Service.

Contents

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 and/or Terms of use at any time at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

Images

LA Underground Radio prohibits the downloading, republication, retransmission, reproduction or other use of any material licensed to and by LA Underground Radio and published on any Service.

Sound Recordings

LA Underground Radio prohibits the downloading, republication, retransmission, reproduction or other use of any material licensed to and by LA Underground Radio and published on any Service.

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.

Copyright

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, music 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 laws – 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.

Our Content

All material on this Website either belongs to or is licensed to us by our service users, 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.

User content

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 our forums, blogs and Social Media Networks safe for other users.

You are asked not to:

· Use posts in the forums, blogs and/or social media 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 forums, blogs 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.

Forbidden content

Freedom of expression is important to us. LA Underground Radio will not tolerate:

Pornography: LA Underground Radio can be accessed by people as young as 13. Any content that is predominantly sexual in nature, or that could be perceived as an aid to sexual gratification is strictly prohibited and will result in your account termination. This includes, but is not limited to, images containing nudity and recordings or detailed descriptions of sexual acts.

Hate speech: You are welcome to share your opinions and beliefs on LA Underground Radio, even if they might be controversial, or challenge the status-quo. However, like many other respectful platforms LA Underground Radio does not tolerate content that promotes or encourages hatred, discrimination or violence against others based on things like race, cultural identity or ethnic background, religious beliefs, disability, gender identity, or sexual orientation.

You hereby agree to forfeit any outstanding balances you might have with LA Underground Radio and release LA Underground Radio from any and all claims of any nature arising from your actions.

Trademarks

“LA Underground Radio” is a trademark used by us, LA Underground Radio LLC, to uniquely identify our App, Services, 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 phone application 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 provide no warranty in respect of our sites, our content, our software or our services; we disclaim all liability connected with use of this Website to the extent permitted at law. Your use of this Website constitutes your acceptance to indemnify us against anything that arises out of a breach by you of these Terms of Use. 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

Should any part of these Terms and Conditions and/or Terms of use at any time be found to be invalid or otherwise unenforceable at law, then that part shall be severed from the Terms and Conditions and/or Terms of use at any time to the extent that it is invalid or unenforceable, and its severance shall not affect the rest of these Terms and Conditions and Terms of use, which shall remain enforceable at law. Terms and Conditions and Terms of use are governed by California law, and all disputes arising from them shall be submitted to the exclusive jurisdiction of California courts. In the event of any of the Terms and Conditions and/or Terms of use at any time 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 and Conditions and Terms of use, 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.

Indemnity

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 Terms and Conditions and/or Terms of use at any time or the provision of our service to you, including any damages caused by your use of our phone application 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 Terms and Conditions and/or Terms of use at any time 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.

Force Majeure

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.

Severability

In the event that a provision of this Terms and Conditions and/or Terms of use at any time is found to be unlawful, conflicting with another provision of the Terms and Conditions and/or Terms of use at any time, or otherwise unenforceable, the Terms and Conditions and/or Terms of use at any time 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 Terms and Conditions and/or Terms of use at any time are deemed to conflict with each other’s operation, LA Underground Radio shall have the sole right to elect which provision remains in force.

Non-Waiver

LA Underground Radio reserves all rights afforded to us under this Terms and Conditions and/or Terms of use at any time as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Terms and Conditions and/or Terms of use at any time 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 phone application and services 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 processed, except in cases where the termination or cancellation was due to your breach of this Terms and Conditions and/or Terms of use at any time, 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 Services 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 Terms and Conditions and/or Terms of use at any time to any other party without our prior written consent. We may assign our rights and/or obligations under this Terms and Conditions and/or Terms of use at any time to any other party at our discretion.

Amendments

We may amend this Terms and Conditions and/or Terms of use at any time from time to time. When we amend this Terms and Conditions and/or Terms of use at any time, we will post the amended version here. You must read the amended version and your continued use of our Website or phone application shall constitute your agreement to such amendments.

Refund Policy 

Refunds are only offered when you submit your credit card payment and your work has not been processed and/or logged into our database.

In all other circumstances LA Underground Radio reserves the rights to issue or deny full or partial refunds and you agree to waive your rights to request a full or partial refund and/or dispute a charge. You are solely responsible to input your information in the forms correctly and upload your work according to this Terms and Conditions and/or Terms of use. Incorrectly filled forms or uploaded work cannot be modified and you agree to waive your rights to request a full or partial refund or dispute a charge should you fail to correctly fill forms or upload your work, or upload material that violates this Terms and Conditions and/or Terms of use. In the event of termination of this agreement by either parts you agree to waive your rights to request a full or partial refund and/or dispute a charge for any of the fees associated with the use of LA Underground Radio Services. We reserve the right to adjudicate whether or not the content you have submitted including, but not limited to pictures, videos, external links, music and any other material including written forms is appropriate. Should we adjudicate your material to be inappropriate you agree to waive your rights to request a full or partial refund and/or dispute a charge.

Non-Refundable Service Fee Policy

Refunds do not include service fees except when otherwise stated.

LA Underground Radio applies a Non-Refundable Service Fee per transaction for identity confirmation and/or content processing and you agree to waive your rights to request a full or partial refund and/or dispute a charge. You understands that each payment that is required under this Terms and Conditions and/or Terms of use is non-refundable and non-creditable against other fees payable in connection with the Website unless otherwise stated.

Complaints

LA Underground Radio takes all complaints very seriously. If you have a complaint about anything you have heard on-air, please email us here. 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.

Private Policy

For our full private policy please click this link.

Disclaimer

The content of any communication either by electronic, email, phone, voicemail or in person might be recorded and used for legal purposes should there be a reason to do so. By accepting this Terms and Conditions and Terms of use 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 to anyone aggressive, rude, discriminating or segregating on the ground of race, color, sex, religion, or national origin.