Terms of service

Terms of service

Introduction

This CountryTok.com Terms of Service (the “Agreement”) is a legal agreement between you and Dirt Road FM LLC dba CountryTok (“CountryTok”, “we”, “us” or “our”) that sets forth the terms and conditions governing your use of the services provided by CountryTok to users of our website located at https://countrytok.com (the “Site”), and the mobile applications (“Mobile Apps”), software and Internet services provided through the Site or Mobile Apps or otherwise under our control, whether partial or otherwise, through which CountryTok provides its products and services (collectively, the Site, Mobile Apps and these products and services, as further described below, the “CountryTok Products and Services”).

BY accepting this Agreement or USING the CountryTok Products and Services, YOU ARE AGREEING TO BE BOUND BY THE terms of this Agreement.  IF YOU DO NOT AGREE TO the Terms of this Agreement, DO NOT USE THE CountryTok Products and Services.

Notice regarding arbitration and dispute resolutionYou and CountryTok AGREE THAT Any future DISPUTES BETWEEN YOU AND CountryTok WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, unless you opt-out in accordance with Section 14.  Unless you opt-out of arbitration, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN Section 14(F) BELOW.

About the CountryTok Products and Services

The CountryTok Products and Services include: (a) CountryTok’s audio service offering access to a selection of radio stations, music mixes and other content whether available through our Site or through any Mobile Apps, and (b) all software, external players, buttons and widgets, data, text, images, sounds, video, graphics and photos made available by CountryTok through any of the foregoing (collectively, the “Content”). Access to this Content is via digital transmissions to an end user over the Internet where the Content may be heard or viewed, but not downloaded for later playback. You may not attempt, or support others’ attempts, to download, copy, distribute, alter or capture this Content.

Updates to this Agreement

We may change, modify or amend the terms of this Agreement from time to time. We will notify you of material changes to this Agreement by posting the amended terms at https://countrytok.com/terms at least thirty (30) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Live365 Products and Services prior to the time the new Agreement takes effect. If you continue using the CountryTok Products and Services after the new Agreement takes effect, you will be bound by the modified Agreement.

Trademarks

The following are licensed trademarks or trademarks of CountryTok: CountryTok, and its registered design logo, as well as certain other CountryTok trademarks, service marks, graphics, and logos (collectively, the “CountryTok Trademarks”) used in connection with the CountryTok Products and Services. The CountryTok Products and Services may contain third party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to CountryTok Trademarks or the trademarks of any third party.

Privacy Policy

Your use of the CountryTok Products and Services is subject to the CountryTok Privacy Policy, which is hereby incorporated by reference into this Agreement and located at https://countrytok.com/privacy (the “Privacy Policy”). By using the CountryTok Products and Services you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.

Affirmative Representations Regarding Your Use of the CountryTok Products and Services

When you use the CountryTok Products and Services, you represent that: (A) your use of the CountryTok Products and Services does not violate any applicable laws or regulations; and (B) you are of sufficient legal age or otherwise have legal capacity to legally enter into this Agreement.

Parental Advisory

If you are a user between the ages of 13 and 17, please review the terms of this Agreement with your parents or legal guardian. The CountryTok Products and Services are intended for users who are at least 13 years of age or older. Because the CountryTok Products and Services may provide access to music that contains explicit content, including strong language or depictions of violence, sex or substance abuse, parental discretion is advised for all users ages 13 to 17.

Prohibited Activities

You agree that, in connection with your use of the CountryTok Products and Services, you will not:

  • use the CountryTok Products and Services for any unauthorized purpose, including engaging in unauthorized framing of, or linking to, the CountryTok Products and Services without our express written consent;
  • interfere with, disrupt, or create an undue burden on the CountryTok Products and Services or the networks or services connected to the CountryTok Products and Services, including without limitation, hacking into the CountryTok Products and Services;
  • transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
  • impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary rights, of any person or entity;
  • violate our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights) or contract rights;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the CountryTok Products and Services, including from any user of the CountryTok Products and Services, or use any means to scrape or crawl any part of the Live365 Products and Services;
  • participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
  • access or use the CountryTok Products and Services for purposes of obtaining information to build a similar or competitive website, application or service;
  • decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the CountryTok Products and Services, or any portion thereof; or
  • circumvent, disable or otherwise interfere with security related features of the CountryTok Products and Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the CountryTok Products and Services or the Content on the CountryTok Products and Services.

Third Party Content and Services

CountryTok or its business partners may present advertisements or promotional materials on or through the Site and the CountryTok Products and Services. Your dealings with, or participation in promotions of, any third party advertisers on or through the Site or CountryTok Products and Services are solely between you and the applicable third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that CountryTok is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site.

The CountryTok Products and Services may also include links to third party websites or third party services that are not owned or operated by CountryTok (collectively, “Third Party Sites”). We do not endorse or represent the third parties that control these Third Party Sites and we are not responsible for the availability of these Third Party Sites, or any products, services and/or content provided through a Third Party Site. You agree that we are not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Third Party Sites.

You may be able to link and/or post content to or from third party websites (e.g., Facebook) and the Site. You are solely responsible for any content you post, and for any information contained therein. You are also solely responsible for complying with any applicable law, regulation and or rule of any applicable government agency and/or such third party website.

You acknowledge that CountryTok neither endorses the contents of your communications or the communications of third parties on or relating to the CountryTok Products and Services, nor assumes the responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

Our Right to Manage the Live365 Products and Services

We reserve the right, but do not undertake the obligation to: (A) monitor or review the CountryTok Products and Services for violations of this Agreement and for compliance with our policies; (B) report to law enforcement authorities and/or take legal action against anyone who violates the terms of this Agreement; (C) manage the CountryTok Products and Services in a manner designed to protect our, our users’, and third parties’ rights and property or to facilitate the proper functioning of the CountryTok Products and Services; and/or (D) terminate or block your use of the CountryTok Products and Services for violating the terms of this Agreement.

WITHOUT LIMITING ANY OTHER PROVISION OF this Agreement or any remedy we may have under law or in equity, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF CountryTok Products and Services TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN this Agreement, OR OF ANY APPLICABLE LAW OR REGULATION.

Digital Millennium Copyright Act (“DMCA”)

In operating the Live365 Products and Services, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Live365 Products and Services. Live365 has in place certain legally mandated procedures regarding allegations of copyright infringement which can be found at https://countrytok.com/dmca (the “DMCA Policy”).  If you believe that a copyrighted work has been copied in a way that constitutes copyright infringement, and that work is accessible through the Live365 Products and Services, you may notify us in accordance with the DMCA Policy.

Disclaimers

Your use of the CountryTok Products and Services is at your sole risk. The information, materials and services provided on or through the CountryTok Products and Services are provided “as is” and “as available” without any warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither CountryTok nor any of its affiliates warrant the accuracy or completeness of the information, materials or services provided on or through the CountryTok Products and Services.  The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. No advice or information, whether oral or written, obtained from CountryTok or through the CountryTok Products and Services will create any warranty, express or implied, not expressly made herein.

To the extent not prohibited by applicable law, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF the CountryTok Products and Services or the Content, and/or ANY OTHER content, MATERIAL OR ITEMS ON the CountryTok Products and Services OR LINKED TO BY the CountryTok Products and Services. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, MATERIAL OR ITEMS (for clarity, on or off the CountryTok Products and Services), (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the CountryTok Products and Services, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED on the CountryTok Products and Services, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM the CountryTok Products and Services, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the CountryTok Products and Services BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIAL or items OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT, material or items TRANSMITTED, OR OTHERWISE MADE AVAILABLE through the CountryTok Products and Services.

Limitation of Liability

To the extent not prohibited by applicable law, IN NO EVENT WILL CountryTok, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF the CountryTok Products and Services, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST CountryTok DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF the Country Tok Products and Services, ANY WEBSITES LINKED TO the CountryTok Products and Services, OR THE CONTENT, MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL of the CountryTok Products and Services, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING the CountryTok Products and Services. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN this Agreement, CountryTok’s liability TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH this Agreement or the CountryTok Products and Services, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY, SHALL NOT EXCEED $50.

Indemnity

You agree to defend, indemnify and hold CountryTok and our affiliated companies and each of our and their respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (A) the use of the CountryTok Products and Services; (B) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (C) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (D) your violation of any law, rule or regulation of the United States or any other country. You shall not sue or seek to recover any damages or other payment from CountryTok and its agents, representatives, employees, licensors, affiliates, content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the CountryTok Products and Services. You will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from CountryTok’s own negligent conduct.

Disputes and Arbitration Agreement

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

  1. Initial Dispute Resolution.  We are available by email at legal@dirtroad.fm to address any concerns you may have regarding your use of the CountryTok Products and Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
  2. Agreement to Binding Arbitration.  If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 14(A) above, then either party may initiate binding arbitration.  All claims arising out of or relating to this Agreement (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the CountryTok Products and Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions.  Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.  The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this Agreement shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures.  If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost.   If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS.  We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS.  You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. 

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.  They further understand that the right to discovery may be more limited in arbitration than in court.

  1. Class Action and Class Arbitration Waiver.  You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 14(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  2. Exception – Small Claims Court Claims.   Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
  3. Exception – California Private Attorneys General Act (PAGA) Action.  Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
  4. 30 Day Right to Opt-Out.  You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 14(B) and 14(C) by sending written notice of your decision to opt-out by emailing us at legal@dirtroad.fm. The notice must be sent within thirty (30) days of your initial use of the CountryTok Products and Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections.  If you opt-out of these arbitration provisions, we also will not be bound by them.

Exclusive Venue for Litigation.  To the extent that the arbitration provisions set forth in Section 14(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Franklin County, Ohio (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Franklin County, Ohio for any litigation other than small claims court actions.  In the event of litigation relating to this Agreement or the CountryTok Products and Services, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.

Notice to California Users

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the CountryTok Products and Services, please send an email to legal@dirtroad.fm. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

Independent Contractors

Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

Non-Waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of the applicable right or provision.

Severability

This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Assignment

We may assign our rights under this Agreement without your approval and with or without notice to you.

No Modifications by Our Employees

If any of our employees offers to modify the terms of this Agreement, he or she is not acting as an agent for us or speaking on our behalf.  You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

Our Contact Information

CountryTok

3481 High Creek Drive

Columbus, OH 43223

legal@dirtroad.fm

10/8/2022, 2:21:29 PM

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