This site or application is owned or managed by Strategize Media hereinafter (“TLX Radio”) and is part of the Strategize Media family of radio stations, which includes other quality entertainment brands such as broadcast and Internet radio stations, TLX Radio, operates or manages one or more websites or applications (each a “Strategize Media Site,” and collectively the “Strategize Media Websites”).
TLX Radio provides this Site and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this Strategize Media Website. Your use of this Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Radio Site. This Agreement sets forth TLX Radio’s policies with respect to its operation of the Strategize Media Websites. Other policies govern TLX Radio’s non-Internet operations.
Certain products or services offered by this and/or other Strategize Media Websites (each a “Radio Internet Service,” and collectively “TLX Radio Internet Services”), and certain areas within this and/or other Strategize Media Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those services including without limitation any TLX Radio Internet Service. The Additional Terms and this Agreement, taken together, shall apply to your use of those sites or Radio Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY TLX RADIO SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY TLX RADIO SITE MAY BE TERMINATED IMMEDIATELY IN TLX RADIO’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
By using this TLX Radio Site, you are representing and warranting that: (a) you are legally authorized to listen to the content broadcasted by TLX Radio Site and are not a resident of a jurisdiction where a requirement to license this content locally is required; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this TLX Radio Site (collectively, “Device”); and (d) you will access and use this TLX Radio Site in accordance with this Agreement.
Some parts and contents of the TLX Radio Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the TLX Radio Site content.
1. MOBILE DEVICES
If permitted or available through the applicable TLX Radio Internet Service, to (a) upload content to this TLX Radio Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this TLX Radio Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which TLX Radio makes the TLX Radio Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the TLX Radio Internet Service, including, but not limited to, if this TLX Radio Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the TLX Radio Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with TLX Radio’s or this TLX Radio Site’s operations or the TLX Radio Internet Service. Any equipment or software causing interference will be immediately disconnected from the TLX Radio Internet Service and TLX Radio will have the right to immediately terminate this Agreement. If any upgrade in or to the TLX Radio Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current TLX Radio Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the TLX Radio Internet Service.
2. CHANGES TO THIS AGREEMENT
TLX Radio reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. TLX Radio will provide notice of such change on this TLX Radio Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this TLX Radio Site and/or TLX Radio Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this TLX Radio Site and/or the TLX Radio Internet Service to which the changes may apply.
3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
TLX Radio has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement, which is incorporated into this Agreement in the link below and by using this TLX Radio Site you agree to the terms of the Privacy Statement.
4. ACCOUNTS, SECURITY, PASSWORDS
If a particular TLX Radio Site or TLX Radio Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify TLX Radio immediately of any unauthorized use of your account. TLX Radio is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular TLX Radio Internet Service.
5. USER CODE OF CONDUCT
In accessing and using this TLX Radio Site and/or the TLX Radio Internet Services, you agree that you will not:
Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page). Deliver any unlawful (according to your local, state, federal, or international law or regulation) postings to or through this TLX Radio Site, or any postings which advocate illegal activity. Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable. Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability. Deliver, or provide links to, any postings containing defamatory, false or libelous material. Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity. Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships. Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another. Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver. Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references. Use this TLX Radio service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this TLX Radio Site or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment. Attempt to gain unauthorized access to this TLX Radio Site, any related website, other accounts, computer system, or networks connected to this TLX Radio Site, through hacking, password mining, or any other means. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this TLX Radio Site, including harvesting or otherwise collecting information about others such as email addresses.
6. FEES
Except where otherwise provided, access to and use of this TLX Radio Site and the TLX Radio Internet Services offered through it are currently available without charge. TLX Radio reserves the right to charge a fee for access to or use of this TLX Radio Site, or any TLX Radio Internet Service available on this TLX Radio Site at any time in the future. Your access to or use of this TLX Radio Site before such time does not entitle you to use of this TLX Radio Site without charge in the future.
7. DISCLAIMER OF WARRANTIES
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS TLX RADIO SITE AND/OR TLX RADIO INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS TLX RADIO SITE OR TLX RADIO INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.
TLX RADIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS TLX RADIO SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS TLX RADIO SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TLX RADIO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. TLX RADIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS TLX RADIO SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS TLX RADIO SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. TLX RADIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS TLX RADIO SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
TLX RADIO IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR TLX RADIO INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
8. EXCEPTIONS
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TLX RADIO’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. LIMITATIONS ON LIABILITY
In no event shall TLX Radio, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this TLX Radio Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to:
(1) loss of goodwill, profits, business interruption, data or other intangible losses; (2) your inability to use, unauthorized use of, performance or non-performance of this TLX Radio Site; (3) unauthorized access to or tampering with your personal information or transmissions; (4) the provision or failure to provide any service; (5) errors or inaccuracies contained on this TLX Radio Site or any information, software, products, services, and related graphics obtained through this TLX Radio Site; (6) any transactions entered into through this TLX Radio Site; (7) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this TLX Radio Site or any site to which it provides hyperlinks; or (8) damages otherwise arising out of the use of this TLX Radio Site and TLX Radio Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if TLX Radio has been advised of the possibility of damages.
10. INDEMNIFICATION
You agree to indemnify and hold harmless TLX Radio, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this TLX Radio Site and any related TLX Radio Internet Service and/or software. You agree to cooperate fully with TLX Radio in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
11. MODIFICATION/TERMINATION BY TLX RADIO
TLX Radio reserves the right, in its sole discretion, to modify, suspend, or terminate this TLX Radio Site and/or any portion thereof, including any TLX Radio Internet Service, and/or your account, password, or use of any TLX Radio Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for an TLX Radio Internet Service removes your authorization to use the TLX Radio Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, TLX Radio shall not be liable to you or any third party for any termination of your access to an TLX Radio Internet Service.
12. LINKS
This TLX Radio Site may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). TLX Radio does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply TLX Radio’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
13. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE
Any software that is made available to access, use, view and/or download in connection with an TLX Radio Site or TLX Radio Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by TLX Radio and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. TLX Radio accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
14. INTERNATIONAL USE
Accessing materials on this TLX Radio Site by certain persons in certain countries may not be lawful, and TLX Radio makes no representation that materials on this TLX Radio Site are appropriate or available for use in locations outside the international jurisdiction where TLX Radio Site is based. If you choose to access this TLX Radio Site from your Country, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
15. THIRD-PARTY MERCHANTS
This TLX Radio Site may enable you to order and receive products, information and services from businesses that are not owned or operated by TLX Radio. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. TLX Radio does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. TLX Radio will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the TLX Radio Internet Service.
16. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS, AND OTHER PARTNERSHIPS
TLX Radio may display advertisements for the goods and services of a third party on the Strategize Media Websites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. TLX Radio does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this TLX Radio Site.
17. EVENTS
You may be invited or asked to attend TLX Radio-sponsored events or events held by other members and users of this TLX Radio Site which are not in any way associated with TLX Radio at various locations throughout the United States (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold TLX Radio, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by TLX Radio in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by TLX Radio and we may use your or your minor children or wards’ name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.
18. INTERACTIVE SERVICES AND USER MATERIALS
This TLX Radio Site may offer certain TLX Radio Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “TLX Radio Interactive Services”). Additional Terms may cover TLX Radio Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available TLX Radio Internet Services may change from time to time in TLX Radio’s sole discretion. You may participate in the TLX Radio Interactive Service by completing the registration form where one is provided.
User Materials
TLX Radio does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to TLX Radio by you or other users (collectively, “User Materials”). TLX Radio is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, TLX Radio reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. TLX Radio is not responsible or liable for damages of any kind arising from any User Materials even when TLX Radio is advised of the possibility of such damages, or from TLX Radio’s alteration or deletion of any User Materials.
You are solely responsible and liable for all User Materials delivered to TLX Radio, whether via your account, this TLX Radio Site, email, or any other method. Any violation of these provisions can subject your TLX Radio account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by TLX Radio will not infringe or violate the rights of any third party in any manner.
By emailing, submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material to TLX Radio, whether solicited or unsolicited, you are granting TLX Radio and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. TLX Radio also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Statement.
The information and opinions expressed in User Materials appearing on this TLX Radio Site are not necessarily those of TLX Radio or its content providers, advertisers, sponsors, affiliated or related entities, and TLX Radio makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. TLX Radio does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and TLX Radio has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this TLX Radio Site is “public,” and in addition to the license granted to TLX Radio, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Material on this TLX Radio Site which violates these Terms, please contact us at support@tlxradio.com. Please provide as much detail as possible, including a copy of the underlying material, the location where TLX Radio may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, TLX Radio will only remove User Materials if TLX Radio believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.” Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this TLX Radio Site, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this TLX Radio Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limitation thereof, you agree that TLX Radio, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
Voting/Rating Features
For any voting/rating features that are available on this TLX Radio Site, you must follow instructions on this TLX Radio Site to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. TLX Radio assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any individual it finds to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
19. SUBSCRIPTION SERVICES
This TLX Radio Site may offer certain TLX Radio Subscription Services such as newsletters and Real Simple Syndication (“RSS”) feeds (collectively “TLX Radio Subscription Services”). By registering for an TLX Radio Subscription Service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms.
20. PREMIUM SERVICES
SOME TLX RADIO INTERNET SERVICES ON THIS TLX RADIO SITE, INCLUDING CERTAIN TLX RADIO INTERACTIVE AND SUBSCRIPTION SERVICES, MAY BE OFFERED TO YOU CONDITIONED ON YOUR PAYMENT OF A FEE (EACH, A “TLX RADIO PREMIUM SERVICE”). BY USING THE TLX RADIO PREMIUM SERVICE, YOU AGREE THAT YOU WILL BE SUBJECT TO ANY CHARGES AND RULES SET FORTH IN THE ADDITIONAL TERMS FOR THAT SERVICE, IN ADDITION TO THE GENERAL TERMS PROVIDED BELOW, WHICH MAY INCLUDE AUTOMATIC RENEWALS AND PERIODIC RECURRING CHARGES (E.G., MONTHLY, QUARTERLY, OR ANNUALLY) TO YOUR PAYMENT METHOD UNTIL YOU CANCEL A SERVICE. YOU MAY CANCEL ONLINE BY FOLLOWING THE INSTRUCTIONS BELOW (“PAID SUBSCRIPTION SERVICE – CANCELLATION”). YOU MAY REGISTER FOR BY COMPLETING THE APPLICABLE REGISTRATION FORM.
Paid Subscription Service – Billing and Fees
Before you register for a Paid Subscription Service, TLX Radio will provide notice of and get your affirmative consent to any charges. By registering for a Paid Subscription Service (which includes “Direct Purchases” and “In-App Purchases,” as defined below), you affirmatively consent to pay all fees and charges associated with the Paid Subscription Service on a timely basis and are responsible for any charges incurred by your account. You warrant that the credit card information that you provide is correct and is your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
BY REGISTERING FOR A PAID SUBSCRIPTION SERVICE AND PROVIDING YOUR CREDIT CARD INFORMATION, YOU AUTHORIZE US (IN THE CASE OF A DIRECT PURCHASE) OR THE APP STORE PROVIDER (IN THE CASE OF AN IN-APP PURCHASE) TO CHARGE YOUR CREDIT CARD FOR THE PAID SUBSCRIPTION SERVICE FEE AT THE THEN-CURRENT RATE AND ANY ADDITIONAL CHARGES (INCLUDING LATE CHARGES AND APPLICABLE FEDERAL, STATE, OR LOCAL TAXES), AS WELL AS TO CHARGE YOUR CREDIT CARD ON AN AUTOMATIC AND RECURRING BASIS (E.G., MONTHLY, QUARTERLY, OR ANNUALLY), AS CONSENTED TO AT THE TIME OF REGISTRATION, UNTIL YOU CANCEL YOUR PAID SUBSCRIPTION SERVICE. You may cancel online by following the instructions below (“Paid Subscription Service – Cancellation”).
If you make an in-app purchase of the Paid Subscription Service (an “In-App Purchase”) via the applicable app store provider (e.g., Apple App Store, Google Play, etc.) (an “App Store Provider”), then the App Store Provider will charge your account the applicable fees or charges. Billing for In-App Purchases will be handled by the App Store Provider, according to their terms.
If you purchase a Paid Subscription Service directly from us (a “Direct Purchase”), we may use a third party that is not affiliated with us to process your payments as merchant of record (“Processor”). You agree that this Processor is solely responsible for controlling, handling and processing your payments. For Direct Purchases, you will receive a bill for the Paid Subscription Service fee based on the term of the subscription for which you registered. For example, if you signed up for a monthly paid subscription, you will be billed one day after each month on the calendar day that corresponds with the commencement of your subscription. If your payment date falls on a date that does not exist in that month (e.g., the 31st day of a month), we will bill your credit card on the last day of the applicable month. However, you acknowledge that we reserve the right to change our billing methods effective upon notice to you. You may visit your member account to update your credit card information, and you agree to maintain a valid credit card during the subscription term. You are liable for any amounts that are unsettled and overdue. We may deactivate your member account without notice if your payment method is invalid and your payment becomes past due. Any delinquent payments are due in full within thirty (30) days of the termination or cancellation of a Direct Purchase Paid Subscription Service.
Paid Subscription Service – Promotional Trial
TLX Radio may offer a free or reduced price trial subscription of the Plus Service or the All Access Service for a specified trial period either without payment or with payment of a reduced fee (a “Trial”). To initiate the Promotional Trial, you will be required to provide your credit card information. By initiating the Promotional Trial, you affirmatively consent to have your credit card charged automatically on a periodically recurring basis if you do not cancel your subscription before the end of the Promotional Trial.
Unless otherwise specified, Trials are limited to a single Paid Subscription Service; you may not obtain more than a single Trial using the same account or credit card and if you have previously used the same account or credit card to obtain a Trial or Paid Subscription Service, then that card will immediately be charged applicable fee upon registration. TLX Radio may, at its sole discretion and to the fullest extent permitted by law, revoke or alter a Promotional Trial without notice to you and at any time. Your Promotional Trial will end as soon as you purchase a Paid Subscription Service.
BY INITIATING A PROMOTIONAL TRIAL, YOU AFFIRMATIVELY CONSENT TO BE AUTOMATICALLY ENROLLED IN THE PAID SUBSCRIPTION SERVICE YOU SELECTED DURING REGISTRATION, AND TO HAVE YOUR CREDIT CARD AUTOMATICALLY CHARGED THE APPLICABLE FEES (INCLUDING APPLICABLE FEDERAL, STATE, OR LOCAL TAXES) ON A RECURRING PERIODIC BASIS (E.G., MONTHLY, QUARTERLY, OR ANNUALLY), UNLESS YOU CANCEL THE PAID SUBSCRIPTION SERVICE PRIOR TO EXPIRATION OF THE PROMOTIONAL TRIAL. You may cancel online by following the instructions below (“Paid Subscription Service – Cancellation”).
Paid Subscription Service – All Access Family Plan
If you purchase an All Access Family Plan, you, as the paying account holder may designate up to five (5) non-paying account holders (each, a “Family Account Holder”) to access the All Access Service. You will be the only party responsible for paying for the All Access Family Plan and may add or remove Family Account Holders from your All Access Family Plan at any time. To invite a prospective Family Account Holder to participate in your All Access Family Plan, you must provide the prospective Family Account Holder’s email address. TLX Radio will send an email to the prospective Family Account Holder inviting them to participate in your All Access Family Plan. To accept your invitation to participate in the All Access Family Plan, the Family Account Holder must create an account with TLX Radio (if they do not already have one) and enter the paying account holder’s billing zip code. All Family Account Holders must live in the same household and be at least 13 years of age.
Paid Subscription Service- Automatic Renewal
By registering for a Paid Subscription Service, you affirmatively consent to have your Paid Subscription Service automatically renewed, and to have your credit card charged on a periodically recurring basis (e.g., monthly, quarterly, or annually), unless you cancel your subscription before the end of your current subscription term. You may cancel online by following the instructions below (“Paid Subscription Service – Cancellation”). Cancellation will be effective the day after the end of your current subscription term. Your failure to cancel your subscription during the current term will result in the automatic renewal of your subscription at the then-current subscription rate and for the same term as your current subscription (e.g., monthly, quarterly, yearly). As described below, if TLX Radio plans to change the subscription rate, we will provide you with advance notice of the new rate. The cancellation of a Paid Subscription Service will result in a downgrade of your subscription service to the Free-of-Charge Service as of the end of your current subscription term.
Paid Subscription Service- Subscription Rate Changes
We may change the subscription rate from time to time. If we do, we will provide you advance notice of any change in the subscription rate. If you do not agree with the new subscription rate, you may cancel your subscription prior to the new subscription rate taking effect. You may cancel online by following the instructions below (“Paid Subscription Service – Cancellation”). If you continue to use the Paid Subscription Service after the subscription rate has gone into effect, you will be charged the new rate until you cancel or the rate changes.
Paid Subscription Service – Data
As part of your purchase of a Paid Subscription Service, data collected through the registration and payment process may be shared with our applicable payment service provider. If you purchase the Paid Subscription Service online, such information will be shared with Processor. If you make an in-app purchase of the Paid Subscription Service, such information will be shared with the applicable app store provider (e.g., Apple App Store, Google Play, etc.). Your data will be handled in accordance with our Privacy Policy.
Paid Subscription Service – Member Account and Password
You are responsible for any membership name and password that is associated with your account during registration. If the Paid Subscription Service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.
Paid Subscription Service Personal and Non-Commercial Use
The Paid Subscription Services are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or otherwise exploit the Paid Subscription Services without our prior written consent.
Paid Subscription Service – Cancellation
You can cancel your Direct Purchases or a Paid Subscription Service at any time by going to your online account “Settings” and following the cancellation instructions; you may cancel your In-App Purchases by following your App Store Provider’s instructions. In the event that you cancel a Paid Subscription Service before the end of your subscription period, we will not return any portion of your subscription fee provided and you will be entitled to continue accessing the applicable Paid Subscription Service until the end of your membership period.
If you violate this Agreement, we reserve the right to terminate your access to a Paid Subscription Service or any portion thereof at any time, without notice.
21. MEMBER ACCOUNT AND PASSWORD
You are responsible for any membership name and password that is associated with your account during registration. If this premium service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.
Charges for Premium Service
TLX Radio will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
In the event that you pay for a premium service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.
Limited to Personal and Non-Commercial Use
Any premium service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this premium service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this TLX Radio Site by writing:
Cancellation
You may cancel your membership in this premium service at any time by contacting us using the contact information provided on this premium service. In the event that you have paid a fee to register on this TLX Radio Site and you cancel before the end of your membership period, we will not return any portion of your membership fee provided that you will be entitled to continue accessing the applicable TLX Radio Site until the end of your membership period.
We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.
Service Contact
You may email your requests for customer service through the contact information provided on the home page of the applicable premium service.
22. CONTESTS/SWEEPSTAKES
Any sweepstakes, contests, games and/or promotional offers accessible on this TLX Radio Site are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on this TLX Radio Site, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this TLX Radio Site (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this TLX Radio Site, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
23. GENERAL
This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws where TLX is Registered. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this TLX Radio Site and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and TLX Radio with respect to the use of this TLX Radio Site and shall not be modified except in writing, signed by an authorized representative of TLX Radio.
If you have any questions concerning this Agreement, you may send them by email to legal@tlxradio.com.
24. COPYRIGHT AND TRADEMARK NOTICE
Use of Intellectual Property
The TLX Radio Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, TLX Radio logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), may be protected by copyright, trademark and other laws on various jurisdictions as well as international conventions and the laws of those countries.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this TLX Radio Site, in whole or in part, without the express written permission of TLX Radio.
Other trademarks, service marks, product names and company names or logos appearing on this TLX Radio Site that are not owned by TLX Radio may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this TLX Radio Site, or frame this TLX Radio Site, or any web page or material herein, nor may any entity include a link to any aspect of this TLX Radio Site in an email for commercial purposes, without the express written permission of TLX Radio. Further, unless otherwise expressly permitted, you agree not to link to TLX Radio’s Intellectual Property so as to cause you or anyone else to access TLX Radio’s Intellectual Property other than through this TLX Radio Site.
You may inquire about obtaining permission by writing: