We greatly value the trust you place in us. Please know that the personal information you provide us with will not be given to or shared with anyone outside of TVO1IRadio Christian Broadcasting/Radio Network unless you explicitly allow us to, or we believe that it is necessary to comply with the law, protect the safety of any person, or to address fraud, security, or technical issues.
We do not sell, license, or share our mailing lists with other organizations. When you sign up for our mailing lists, we will only send you information having to do with TVO1IRadio Christian Broadcasting/Radio Network or, on a rare occasion, information on other organizations which we feel is directly in line with our mission and passion. However, any mailing regarding another organization will be handled directly by TVO1IRadio Christian Broadcasting/Radio Network.
The personal information we collect about you on our websites: TVO1IRadio.net, is strictly limited to the information you provide us with when you donate or sign up for a mailing list.
When you make a donation from our website, the personal information you provide us with is protected using SSL encryption, which protects sensitive data transmissions from your computer to our website. With SSL encryption, the information you enter when you make a donation is encrypted at your browser, then sent over the Internet in encrypted form, and finally de-encrypted when it reaches us at our server. As a visitor to our site, you should be able to see when the SSL encryption is active by the “padlock” icon in your browser’s window.
By clicking “Submit Donation” on the donation page, you authorize TVO1IRadio to charge your bank account on the current time/date (if making one time donation) or on the date specified (if making a recurring donation) for the indicated amount.
Cancellation: To cancel any recurring donations, please call our office at (920) 494-9010 to request cancellation of your recurring donation. You may also call our office to have a pending transaction made in error cancelled.
Refund:Due to the nature of our transactions (donations), refunds are not generally offered. If a donation was made in error or there are other extenuating circumstances, you may call our office and we will consider “refunds” on a case by case basis.
Paid Subscription-based Streaming TVO1IRadio’s paid subscription service provides for full-length streaming of songs across any platform on which TVO1IRadio’s makes the TVO1IRadio’s Service available (i.e., on or through any of the Service Applications), depending on your subscription tier.
You will be able to access aspects of the TVO1IRadio’s Service on compatible mobile devices (through an applicable mobile Service Application. An Internet enabled mobile device on which you have downloaded the applicable mobile Service Application is required. Standard data and usage charges instituted by your mobile carrier may apply and, accordingly, you should check with your mobile carrier regarding the terms of your individual data or usage plan.
TVO1IRadio’s Sharing Policy
When you discover, play, download/sync and share music or other content on or through the TVO1IRadio’s Service, you authorize TVO1IRadio’s to share and/or publicly display such activity on or through: (i) the TVO1IRadio’s Service; and (ii) any third party social networking sites and services you have linked to yourTVO1IRadio’s account, such as Facebook or Twitter (“Social Networks”).
TVO1IRadio’sreserves the right to manage the TVO1IRadio’s Service in a manner that it believes best benefits its users and best enables it to maintain the TVO1IRadio’s Service. TVO1IRadio’s Service is for your own personal, non-commercial use, and accordingly, TVO1IRadio’shas determined that its ability to provide the TVO1IRadio’s Service is disrupted when users stream an abnormally high number of songs in a short amount of time, or otherwise stream songs in a manner that is not consistent with normal, personal use (even if those activities technically comply with the specific terms of any free or paid offering). Thus, TVO1IRadio’s reserves the right to discontinue any portion or all of the TVO1IRadio’s Service, or to terminate or suspend the account of any person, that, inTVO1IRadio’s experience and sole determination, cause or result in disruptive usage patterns or, with respect to individual account holders, otherwise use the TVO1IRadio’s Service in a manner that is not consistent with normal, personal use. For example, you should not share your account to TVO1IRadio’s with anyone, use TVO1IRadio’s as a radio station or jukebox in your commercial establishment (regardless of the type of establishment) or other public space, or have a software application use the TVO1IRadio’s Service for you for any purpose (unless otherwise permitted by TVO1IRadio’s).
You acknowledge and agree that TVO1IRadio’s, and its licensors, retain all right, title and interest in and to all data and information (excluding data and information that you provide), content and materials provided on or through theTVO1IRadio’s Service (including, without limitation, the musical compositions, audiovisual works, editorial and contextual information (about artists and songs), text, images, photographs, videos, graphics, page headers, the selection and arrangement of elements displayed on or through the TVO1IRadio’s Service, the compilation of all content and materials on the TVO1IRadio’s Service, and the business process, procedures, methods and techniques used in the TVO1IRadio’s Service) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world. TVO1IRadio ®, the TVO1IRadio’s logo and the TVO1IRadio’s “button” logo are the common law and/or registered trademarks of TheOverflow, Inc., and all other proprietary trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the TVO1IRadio’sService (including, without limitation, as displayed on or through any of the Service Applications) are the property of TVO1IRadio.net Inc.TVO1IRadio’s intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages TVO1IRadio’s. All rights are expressly reserved.
All third party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the Service Applications and through the TVO1IRadio’s Service are the property of the respective third parties, including the respective content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to TVO1IRadio’s to enforce any of your rights in relation thereto.
TVO1IRadio’sgrants you a limited, non-exclusive and non-assignable license to access and use the TVO1IRadio’s Service for your personal, non-commercial use, subject to all of the terms and conditions of these Terms of Service and not for redistribution of any kind. TVO1IRadio’s may make certain software, including, without limitation, the Service Applications, available to you through your use of theTVO1IRadio’s Service. The Service Applications are deemed licensed to you by TVO1IRadio’s under a non-exclusive, non-assignable license for your personal, non-commercial, use only, and your use of such Service Applications is subject to these Terms of Service. With respect to any mobile Service Application, this license is limited to the right to use the applicable mobile Service Application solely on a device that you own or control and as permitted by any usage rules made available from time to time by the applicable provider of a mobile application platform. TVO1IRadio’s does not transfer, and, as between you and TVO1IRadio’s, retains all title to and ownership of the Service Applications and all intellectual property rights in the Service Applications. You may not take any action to jeopardize, limit or interfere with TVO1IRadio’s ownership of and rights with respect to the Service Applications. You acknowledge that any unauthorized copying or unauthorized use of the Service Applications is a violation of these Terms of Service and is strictly prohibited.
Additionally, you may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual elements provided on or through the TVO1IRadio’s Service, (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, publicly display or perform, or in any way exploit any content, materials or individual elements provided on or through the TVO1IRadio’s Service without TVO1IRadio’s prior written consent, (iii) make any commercial use or any derivative use of any of the TVO1IRadio’sService or any of the content, materials or individual elements provided on or through the TVO1IRadio’s Service, (iv) frame or utilize framing techniques to enclose any content, materials or individual elements provided on or through the TVO1IRadio’s Service without TVO1IRadio’s prior written consent, (v) use any circumvention tools or any metatags or other hidden text utilizing TVO1IRadio’s name, trademark, URL or the name of any of the TVO1IRadio’sService without TVO1IRadio’s prior written consent, or (vi) disassemble, decompile or reverse engineer the Software or any other materials made available on or through the TheOverflow Service or used to provide any of the TVO1IRadio’s Service.
The owners of entertainment Content made available through the TVO1IRadio’sService (including principals, where TVO1IRadio’s is acting as sales agent) are intended third-party beneficiaries of these Terms of Service and will have the right to enforce these Terms of Service against you and invoke all rights here under including limitations of liability. TVO1IRadio’s, as a reseller to you, does not accept orders from music dealers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell. The delivery of a product or Content does not transfer to you any commercial or promotional use rights in the product or Content.
ACCOUNTS AND SECURITY
To access the Service Applications or use certain aspects of the TVO1IRadio’sService, you will be directed to create a user account by providing certain information about yourself, or to create new, or to use existing Social Network log-in details. As part of TVO1IRadio’sstand-alone registration process, you will be asked to submit, among other things, your email address and to select a password. You agree that all information you provide to TVO1IRadio’s for purposes of creating an account (“Registration Information”) will be true, accurate, current and complete and your failure to provide such information will constitute a breach of these Terms of Service and may result in the immediate termination of your account. By utilizing your Social Network log-in details to log into the TVO1IRadio’s Service (including on or through any of the Service Applications), or by linking your TVO1IRadio’s Service account with any Social Network account, you expressly authorize TVO1IRadio’sto receive, and for such Social Network to share, certain of your information that is available on your Social Network account, including, without limitation, your profile information, friends names, your photos, privacy settings and certain other information that will be disclosed to you (and authorized by you) during the log-in process; and you also authorize TVO1IRadio’s to generate and publish on your Social Network news feed or timeline actions you take on the TVO1IRadio’sService, and to allow you to interact with your Social Network friends on the TVO1IRadio’s Service. If linked, you agree to allow the Social Networks to receive information concerning the actions you take on the TheOverflow Service. In the event you no longer want theTVO1IRadio’s Service to publish your TVO1IRadio’s activity on your Social Network news feed or timeline, or want to otherwise limit the ways in which the TVO1IRadio’s Service interacts with your Social Network account, you can always disable aspects of this feature by changing your application settings in the Social Networks. The Social Networks are made available by their respective corporate entities.
Without limiting the above, by submitting your information through the Service Applications, and/or by utilizing Social Network log-in details to log-in to the TVO1IRadio’sService, by linking your TVO1IRadio’s Service account with any Social Network account, or by otherwise providing Registration Information to TVO1IRadio’s, you grant TVO1IRadio’s a perpetual, royalty-free, non-exclusive license to use, reproduce, transmit, and display the information obtained from these third parties and any Registration Information in connection with TVO1IRadio’s operation of the Service Applications and/or performance of the TVO1IRadio’sService (subject to the other terms and conditions of these Terms of Service, including Section 4.1). You will (i) promptly update your Registration Information to keep it true, accurate, current and complete, (ii) maintain the confidentiality of your log-in credentials, and (iii) properly exit from your account at the end of each session. You will not (a) select or use the Social Network account or email address of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address that is profane, offensive or otherwise inappropriate, or (d) allow any other party to use your account and/or password. You agree to notify TVO1IRadio’s immediately of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your user name or password or Social Network account log-in details. You understand and agree that you will be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. TVO1IRadio’s is not responsible for any loss or damage as a result of someone else using your account or password with or without your knowledge.
CONTENT PROVIDED BY YOU
You understand that all data, information, text, images, software, sounds, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, on the Service Applications or through the use of any of the TVO1IRadio’s Service, are the sole responsibility of the person posting or transmitting such Content. You, and not TVO1IRadio’s, are entirely responsible for all Content that you upload, post, email, transmit, distribute or otherwise make available on the Service Applications or through the use of any of the TVO1IRadio’s Service or that is provided or transmitted through your account. You acknowledge that you will have the burden of proving that any such Content does not violate any laws or infringe any third party rights.
TVO1IRadio’s does not control user-generated Content posted on or through the Service Applications or transmitted through the use of any of the TVO1IRadio’sService and, as such, does not guarantee the accuracy, reliability or quality of such Content. You understand that by using the Service Applications or using any of the TVO1IRadio’s Service, you may be exposed to user-generated Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will TVO1IRadio’s be liable in any way for any user-generated Content including, but not limited to, any errors or omissions in any user-generated Content, or any loss or damage of any kind incurred as a result of the use of any user-generated Content posted, emailed, transmitted or otherwise made available on or through the Service Applications or through the use of any of the TVO1IRadio’s Service. You agree that TVO1IRadio’s may, in its sole discretion, refuse to post, store or transmit any Content submitted by you and may move, remove, edit or modify any such Content for any reason at any time.
You acknowledge, consent and agree that TVO1IRadio’s may access, preserve and disclose account information and/or Content that you provide if TVO1IRadio’s is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Service, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of TVO1IRadio’s, its employees, partners and agents or members of the public. By posting, displaying or performing Content on or through the Service Applications or transmitting or otherwise distributing Content through the use of any of the TVO1IRadio’s Service, you grant TVO1IRadio’s and its affiliates, successors and assigns, a perpetual, irrevocable royalty-free, worldwide, non-exclusive license to use, reproduce, distribute, transmit, display, publicly perform, edit, translate and reformat such Content in connection with the operation of the Service Applications and/or performance of the TVO1IRadio’s Service for you by TVO1IRadio’sor any of its affiliates, successors, assigns or agents. You will not be compensated for any Content that you provide. You agree that TVO1IRadio’s may publish or otherwise disclose your name in connection with your Content. By posting, displaying or performing Content on or through the Service Applications or transmitting or otherwise distributing Content through the use of any of the TVO1IRadio’s Service, you represent and warrant that you own the rights in such Content or are otherwise authorized to post, display, perform, transmit or distribute the Content.
USE OF THE TVO1IRadio’s SERVICE
You will comply with all applicable laws, statutes, ordinances and regulations in your use of the TVO1IRadio’s Service. TVO1IRadio’s may immediately terminate your account, or suspend access to your account, in its sole discretion and without notice, for conduct that TVO1IRadio’s reasonably believes is: (i) illegal, fraudulent, harassing or abusive, (ii) a violation of these Terms of Service or any other policies or guidelines posted on or through the Service Applications, or (iii) harmful to other users, third parties, or TVO1IRadio’s business. Use of your account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice. In addition, TVO1IRadio’s may terminate your account if you file any claim against TVO1IRadio’s or any claim which in any way involves TVO1IRadio’s. Upon TVO1IRadio’s termination of your account for any of the forgoing reasons, (a) you may not establish a new account for a period of one (1) year from the date of termination, (b) TVO1IRadio’s will have no obligation to notify any third parties regarding such termination, and (c) you will be responsible for any damages that may result or arise out of termination of your account.
You agree not to:
1. upload, post, publish, distribute or disseminate, email, transmit, display on or through the Service Applications or make available through the use of any of the TVO1IRadio’s Service: (a) any Content that is fraudulent, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, profane, indecent, invasive of another’s privacy, or incites discrimination , hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise, or otherwise objectionable, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law, regulation or standard of conduct, (b) any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (c) any Content that infringes or misappropriates any patent, trademark, trade secret, copyright, privacy, publicity or other rights of any other person or entity, (d) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation commercial or otherwise, (e) any material that contains any virus, Trojan horse, worm, time bomb or any other computer code, files or programs designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information, (f) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others, (g) collect or store personal information about others, including email addresses, log-in details or other credentials; (h) advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages; (i) mpersonate any person or entity for the purpose of misleading others; (j) violate any applicable laws or regulations; (k) useTVO1IRadio’s in any manner that could damage, disable, overburden or impair TVO1IRadio’s or interfere with any other party’s use and enjoyment of TVO1IRadio’s; (l) post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
• attempt to gain unauthorised access to any of [the Services], other accounts, computer systems or networks connected to [the Services] through hacking, password mining or any other means.
• use any of the TVO1IRadio’sService to (1) harm minors in any way, (2) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, (3) for any commercial purpose or the benefit of any third party or any manner not permitted by these Terms of Service, (4) intentionally or unintentionally violate any applicable local, state, national or international law, or any rule or regulation having the force of law, (5) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization, or (6) stalk or otherwise harass another
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content displayed on or through the Service Applications or transmitted through the use of any of the TVO1IRadio’s Service;
• remove any proprietary notices from the Service Applications;
• cause, permit or authorize the modification, creation of derivative works, or translation of any Content displayed on or through the Service Applications or transmitted through the use of any of the TVO1IRadio’s Service without TVO1IRadio’s prior written consent;
• attempt to hack the Service Applications, or to defeat or overcome any encryption technology or security measures implemented by TheOverflow with respect any of the TVO1IRadio’s Service and/or data transmitted, processed or stored by TheOverflow;
• attempt to harvest or collect any information about or regarding other users of any of the TVO1IRadio’s Service, including, but not limited to any personal data or information;
• engage in web scraping, database scraping or any other activity for the purpose of obtaining Content, data or other information from the Service Applications for any purpose other than the use of the TVO1IRadio’sService as expressly permitted by these Terms of Service;
• perform any meta-search or automated queries of the Service Applications or of any of the Content;
• interfere with or disrupt any of the TVO1IRadio’s Service or servers or networks connected to or operated with any of the TVO1IRadio’sService, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with any of the TVO1IRadio’s Service; and/or
• engage in any action or activity in violation of the Abuse Policy, or any other terms, conditions and policies, set forth in these Terms of Service.
USE OF CONTENT.
You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using [the Services] you may be exposed to Content that is offensive and/or indecent. [We] will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via [the Services] and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
Digital Rights Management.
Most content sold on TVO1IRadio’s is DRM-free. However, you understand that some of the Content includes a security framework using technology that protects digital information and limits your usage of the Content to certain usage rules established by TVO1IRadio’s and our licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.
A “Preview” is a portion of a song or video, or in some cases, an entire song or video that you can play (and, if applicable, view) directly from and while you are logged on to the Service on a promotional basis at no cost to you. You may play as many Previews as you like. You may not attempt (or support others’ attempts) to capture, copy, or download a Preview.
Content Usage Rules.
You are authorised to use the Content only for personal, non-commercial use, and not for redistribution, transfer, assignment or sublicense, to the extent permitted by law.
1. You may not use Content as a musical “ringer” in connection with mobile phone calls.
2. You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the Content.
3. The delivery of Content does not transfer to you any commercial or promotional use rights in same.
4. Content in the MP3 or AAC format does not contain security technology that limits your usage of such Content and you may use them as reasonably necessary for personal, non-commercial use.
5. You agree that your registered account to TVO1IRadio’sconstitutes your acceptance of and agreement to use such Content solely in accordance with the Usage Rules, and that any other use of the Content may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the Content. The Usage Rules shall govern your rights with respect to the Content. The Overflow reserves the right to modify the Usage Rules at any time.
TVO1IRadio’s Service goes to great lengths to maintain a Christian and Gospel music only catalog. This notwithstanding, certain music albums available on or through the TVO1IRadio’s Service may have missed our exclusion process and be subject to the Recording Industry Association of America (“RIAA”) “Parental Advisory Label” (as defined at http://www.riaa.com/toolsforparents.php?content_selector=parental_advisory), or the relevant jurisdictional equivalent. The RIAA assigns the Parental Advisory Label to an entire album and not the individual songs on the album. All individual songs from such labeled albums will be labeled as “explicit” within the TVO1IRadio’sService (“Explicit Tracks”). If any of your searches on the TVO1IRadio’s Service return Explicit Tracks, they will be identified as such in the search results area. Note that Tracks that were recorded prior to 1985 are not subject to the RIAA Parental Advisory Label. TheOverflow will have no liability or responsibility to you for any content or materials, including Explicit Tracks, that may be available in connection with the TVO1IRadio’s Service that you might find to be offensive, indecent or objectionable. Should you find any such material and believe TVO1IRadio’s should remove it, please contact us at firstname.lastname@example.org
We have no obligation to monitor TVO1IRadio’s but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these terms and conditions or is otherwise objectionable.
ADVERTISEMENTS; LINKS TO OTHER WEBSITES
The Service Applications may contain third party advertisements or promotions and/or links to other websites and applications (“Third Party Sites”). TVO1IRadio’s provides these advertisements, promotions and links as part of some of its subscription tiers (in applicable territories) or as a convenience to you and the inclusion or display of any advertisement, promotion or link does not constitute or imply any affiliation, endorsement or sponsorship by TVO1IRadio’sof any given advertiser or its products, or of any given Third Party Site or of any given content contained in the advertisement, promotion or Third Party Site. TVO1IRadio’smakes no guarantees about the accuracy, content or quality of the information, or of the products and services, provided by such advertisements, promotions or Third Party Sites and TVO1IRadio’s assumes no responsibility for misleading, objectionable or inaccurate information, or for the products and services that may be obtained from or through such advertisements, promotions or Third Party Sites. Your interaction or participation with any advertisement or promotion (or the third party sponsor thereof) or with any Third Party Site, whether on or through the Service Applications or any Third Party Sites, are solely between you and such third party and your interaction or participation is subject to the terms and conditions associated with that advertisement, promotion or Third Party Site. You acknowledge and agree that TVO1IRadio’s is not responsible or liable in any way, including for any loss or damage you incur, (i) as a result of your interaction or participation with any advertisement or promotion (or the third party sponsor thereof), whether on or through the Service Applications or any Third Party Sites, (ii) as a result of your activity or interaction on or with any Third Party Site, (iii) for any products or services, or your use thereof, that are the subject of any advertising or promotion, or (iv) for any content, advertising, products or services, or your use thereof, on or made available from any Third Party Sites.
You understand that the processing and transmission of communications relating to the use of any of the TVO1IRadio’s Service may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that TVO1IRadio’s will not be responsible or liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content that you provide for display on or through the Service Applications or for transmission through the use of any of the TVO1IRadio’s Service. Please read the following – it is an important disclaimer:
The Service Applications, the TVO1IRadio’sService and all information and materials provided through the same are provided on an “as is” and “as available” basis without any warranty or condition, express or implied. To the maximum extent permissible under applicable law, TVO1IRadio’s, and each of its joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, specifically disclaim all implied warranties including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose and non-infringement. Further, no warranties will be implied by any course of dealing or course of performance.
TVO1IRadio’smakes no representation or warranty that (i) the Service Applications or the TVO1IRadio’s Service will meet your expectations or requirements, (ii) the Service Applications or the TVO1IRadio’s Service will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Service Applications or the TVO1IRadio’s Service will be accurate, timely, complete or reliable, (iv) any errors or defects in the Service Applications or the TVO1IRadio’s Service will be corrected, or (v) the Service Applications and the TVO1IRadio’s Service and/or the servers that make the Service Applications and the TVO1IRadio’sService available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the Service Applications and the TVO1IRadio’s Service may be interfered with by numerous factors outside of TVO1IRadio’s control including, but not limited to, telecommunications network disruptions. TVO1IRadio’s is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Service Applications or theTVO1IRadio’s Service. You acknowledge that the entire risk arising out of the use, inability to use or performance of any of the TVO1IRadio’s Service remains with you to the maximum extent permissible under law. For the avoidance of doubt, no provider of a mobile application platform has any warranty obligation, or any obligation to provide maintenance and support services, with respect to any mobile Service Application or the TVO1IRadio’s Service. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. You acknowledge and agree that your sole remedy for any problems or dissatisfaction with any of the TVO1IRadio’s Service is to terminate your account and discontinue use of the Service Applications and the TVO1IRadio’s Service.
LIMITATION OF LIABILITY
Please read the following – it is an important limitation of TVO1IRadio’sliability:
To the maximum extent permissible under applicable law, in no event will TVO1IRadio’s or its directors, officers, employees, agents, representatives, stockholders, joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, or any of them, be liable with respect to the Service Applications, your use of the Service Applications or any other materials or services provided to you by TVO1IRadio’s or any other subject matter of these Terms of Service, whether based on contract, tort, strict liability or other theory, for (i) any lost or corrupted data, lost profits, loss or damage to any computer, mobile phone or other device or any special, incidental, indirect or consequential damages, even if such parties have been advised of the possibility of such damages or if such damages were foreseeable, or (ii) the cost of procuring substitute goods, services or technology. To the maximum extent permissible under applicable law, the aggregate liability of TVO1IRadio’s and its directors, officers, employees, agents, representatives, stockholders, joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, or any of them, to you or any third party in any circumstance will not exceed one hundred dollars ($100). Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitation of liability, so the above exclusions and limitations may not apply to you.
For the avoidance of doubt, to the maximum extent permissible under applicable law, no provider of a mobile application platform will have any liability to you with respect to any mobile Service Application.
You agree that TVO1IRadio’s, in its sole discretion and without notice or liability to you, may terminate or suspend your use of, or access to, the Service Applications or any of the TVO1IRadio’sService at any time if TVO1IRadio’s believes in good faith that you have violated or acted inconsistently with any provision of these Terms of Service or any applicable law, rule or regulation or that you have engaged in conduct that TVO1IRadio’s reasonably determines to be inappropriate or unacceptable. TVO1IRadio’s may in its sole discretion, and at any time, discontinue providing the TVO1IRadio’s Service, or any part thereof, on notice to you.
You agree to defend, indemnify and hold TVO1IRadio’s and its joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties, together with their respective affiliates, successors, assigns, employees, consultants, agents, directors, officers, members and stockholders, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorneys’ fees and costs) that are attributable to your actions or fault and arise out of (i) your access, use or misuse of any of the TVO1IRadio’s Service, (ii) your breach or alleged breach of these Terms of Service, (iii) your violation or of any law, rule, regulation or rights of others in connection with your use of any of the TVO1IRadio’s Service including, without limitation, infringement of anyone else’s intellectual property rights, or (iv) your use or disclosure of another person’s personal information including, without limitation, financial or credit information. Without limiting the foregoing, you acknowledge that certain countries may require you to pay a use, sales, consumption, value added or other tax in connection with your use of the TVO1IRadio’s Service. The payment of any such tax, if required, is your responsibility. The foregoing indemnity obligations will apply to any damages TVO1IRadio’s may incur in connection with your failure to pay any such tax.
TVO1IRadio’srespects the intellectual property rights of others and we ask our users to do the same. If you believe a user of the Service Applications or TVO1IRadio’s Service is infringing your copyright or the copyright of any third party, please notify TVO1IRadio’s in accordance with the following procedure: All notifications of copyright infringement must be in writing and directed to TVO1IRadio’sdesignated agent at the following mailing address, fax number or email address: If Attn: Copyright Agent c/o TVO1IRadio Christian Broadcasting and Radio Network 1405 N.E. Perry Ave. 1st Floor, Peoria, IL. 61603 copyrightagent@TVO1IRadio.net
Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works, (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 TVO1IRadio’s to locate the material, (iv) information reasonably sufficient to permit TVO1IRadio’s to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted; (v) a statement that you have 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, and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In the event of any copyright or other intellectual property infringement claim, you acknowledge and agree that as between TVO1IRadio’s and any provider of a mobile application platform, TVO1IRadio’s, and not any provider of a mobile application platform, will be solely responsible for the investigation and discharge of any such claim.
TVO1IRadio’s may modify or update these Terms of Service at any time without notice. Any additional or different terms in these Terms of Service will be effective upon being posted on the TVO1IRadio’s Site. It is your responsibility to review these Terms of Service periodically. Your continued use of any of the TVO1IRadio’sService following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of those additional or different terms. TVO1IRadio’s reserves the right to add, change, modify, suspend or discontinue all or any of the TVO1IRadio’s Service, in its sole discretion, at any time. Unless expressly stated otherwise, the use of any new or existing TVO1IRadio’s Service, including the availability of services or products through the Service Applications, will be subject to these Terms of Service. In addition, TVO1IRadio’s may also impose limits on any of the TVO1IRadio’sService or restrict your access to portions or all of the Service Applications in its sole discretion without notice or liability. TVO1IRadio’s reserves the right to refuse to provide you with access to any of the TVO1IRadio’s Service or to allow you to create a user account for any reason.
You will comply fully with all relevant export laws and regulations of the territories in which the TVO1IRadio’s Service is made available, including, without limitation, the U.S. Export Administration Regulations (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Service Applications, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
GOVERNING LAW; JURISDICTION
These Terms of Service will be governed by, and will be construed under, the laws of the Canada and the laws of the Province of Ontario, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as provided in Section 24 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the TVO1IRadio’s Service shall be subject to the exclusive jurisdiction of the province and federal courts located in Toronto, Canada and you agree to submit to the personal jurisdiction and venue of such courts.
24. DISPUTE RESOLUTION
If you are using the TVO1IRadio’s Service in the United States, Sections 24.1, 24.2, 24.3, 24.4, 24.5, 24.6, and 24,7 apply as follows:
Before initiating any arbitration or court proceeding, you and TVO1IRadio’sagree to first attempt to negotiate any dispute, controversy or claim related to these Terms of Service (“Claim”) (except those Claims expressly provided in Section 24.6 below) informally for at least thirty (30) days. Negotiations will begin upon written notice. TVO1IRadio’s may send its notice to your billing or other physical address (if on file with TVO1IRadio’s) and email you a copy to the email address you have provided. You will send your notice to TVO1IRadio’s, Inc.,1405 N.E. Perry Ave. 1st Floor, Peoria, IL. 61603
You and TVO1IRadio’sagree that any arbitration will be limited to the Claim between TVO1IRadio’sand you individually. YOU AND THEOVERFLOW AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.
Exceptions to Negotiations and Arbitration
You and TVO1IRadio’s agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or TVO1IRadio’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration. As some jurisdictions do not allow for some of the dispute resolution provisions set forth in these Terms of Service, some of these provisions may not apply to you.
If you have any questions about these Terms of Service or your rights or TVO1IRadio’s obligations relating to any of the TVO1IRadio’s Service, please email us at support@TheOverflow.com or you may contact us by mail at: If you are using the TVO1IRadio’sService in the United States or Canada: TVO1IRadio LLC. 1405 N.E. Perry Ave. 1st. Floor, Peoria, IL. 61603.
27. ELECTRONIC COMMUNICATIONS
You acknowledge and agree that by clicking on the “I AGREE” button (or similar buttons or links as may be designated by TVO1IRadio’s to show your acceptance of the Terms of Service), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the TVO1IRadio’s Service.
© 2017 TVO1IRadio, Inc.