Terms and Conditions
Updated July, 10 2018
Hi and welcome to JDRFM.net, produced and maintained by JDRFM™ (JDRFM, we, us, or our). These Terms and Conditions (“Terms”) apply to JDRFM.net (“Site”) and to the audio streams (“Streams”) regardless of how accessed and/or used and whether you access them from a personal computer, mobile device, or other device. Accessing this Site or Connecting to our Streams constitutes your acceptance of these Terms. If you do not agree to these Terms then you must not access the Site or connect to the Streams and must leave/disconnect at once.
We reserve the right to modify or amend these Terms without notice and at anytime and your continued access/connection to Site or Streams means you continue to accept these Terms. In no case will any change to these Terms apply retroactively.
Copyright, Ownership and Trademarks
All content found on the Site including but not limited to the graphics, images, logos, stream logos, brand images, animated images, illustrations, sounds, text, stream names and software (“Content”) are the property of JDRFM unless otherwise noted. All Site elements including but not limited to the Content as well as the general design of the Site are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Unless otherwise noted, you may play, view, download and print documents, audio and video found on the Site for personal, non commercial and informational purposes only. You may not modify, copy, transmit, transfer, display, distribute, reproduce, publish, perform, license, create derivative works from, or sell any of the information or works contained on the Site. Additionally, you may not embed or frame any part of the Site in any other website without the express written permission of JDRFM. Except as permitted by copyright law, it is your responsibility to obtain permission before reusing any copyrighted material that is contained on the Site and the use of any such material on any website or networked computer environment is expressly prohibited. You must comply with all applicable domestic as well as international laws, statutes, ordinances and regulations regarding your use of the Site or Streams. This Site, it’s Content and all related rights shall remain the sole property of JDRFM. You will not remove any copyright, trademark or other proprietary notices from any material contained on this Site. “Joey’s Dance Radio™” and “JDRFM™” including related domain names and the Joey’s Dance Radio™ logo including the "J" images and icons (including those found on social media and other platforms), “JDRFM™” logo including images and icons (including those found on social media and other platforms), “Live, Love, Dance™” tagline, Facebook cover photos, stream logos, brand images, icons and colors, are trademarks of JDRFM and may not be used, reproduced, republished, uploaded, copied, posted, transmitted, distributed or modified. JDRFM prohibits the use of JDRFM trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
Termination of Your Access
We reserve the right to suspend or terminate your access to Site and Streams for any reason or no reason. We will also immediately terminate your access to Site, Streams, or both for violation of these Terms or if we determine, in our sole discretion, that your actions may cause us, our listeners or you legal liability or financial loss.
You agree that you will not (a) harass, threaten or defame (however/wherever), JDRFM, any member of JDRFM staff or other users; (b) post to Site or any third party website which JDRFM uses (e.g. facebook.com, twitter.com, youtube.com etc.) for social networking and which is posted on JDRFM’s profile page on aforementioned website(s), any content which is considered unlawful, threatening, libelous, defamatory, obscene, pornographic or profane or which could constitute or encourage conduct that would be considered unlawful or which could give rise to civil liability, or otherwise violate any applicable law; (c) post or use any direct link to our Streams or embed our Streams in any other website or game without the express written permission of JDRFM; (d) send any unsolicited (“spam”) email to any JDRFM email address or post Spam messages in any chat box, message box, or other messaging or comment box on the Site; (e) use the google “call me” widget to make calls to JDRFM unless such calls are related to your business with JDRFM. Any prank, harassing, or other callers or callers whom are calling about business not relating to JDRFM will have their numbers immediately blocked and reported to police, the FCC, the FTC or any combination of the aforementioned agencies, or all three.
Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Site or Streams for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;(b) interfere or attempt to interfere with the proper working of the Streams, Site or any activities conducted on the Site; (c) circumvent or attempt to circumvent any measure intended to prevent the ease of recording or ripping of our Streams or to prevent the theft of intellectual property; (d) bypass any measure to prevent your access to Site or Streams or to prevent the general access to a part or all of Site or to some or all of our Streams.
Your use of this Site and Streams is at your own risk. All Content is provided to you as is and without any warranty or guarantee, stated or implied, including fitness for a particular purpose or non-infringement of intellectual property. JDRFM does not warrant the accuracy or completeness of any and all information contained on Site or in Streams (e.g.metadata) and JDRFM assumes no commitment or duty to update aforementioned information. No advice obtained from this Site or JDRFM will create any warranty not expressly made herein.
Limitations of Liability
JDRFM does not assume any responsibility and will not be liable for any damages to or viruses that may infect your computer or other device or equipment used to access Site or Streams. In no event shall JDRFM, it’s employees, or any other party involved in the production or transmission of Site or Streams be liable for any damages of any kind including but not limited to lost profits, lost business, lost data, or any other loss which is directly or indirectly the result of your use of Site or Streams.
Third Party Links
This Site contains links to websites which are not owned or controlled by JDRFM. If you use one of these links you will leave this Site. JDRFM nor any of its employees are responsible for or endorse or make any representation of any warranty or guarantee in regard to any and all content, materials or any other information provided by or accessible from third party websites and these links are provided as a convenience. If you use any of these links, you do so at your own risk.
You agree to indemnify, defend and hold harmless JDRFM and employees of JDRFM from any and all liabilities from and against any and all costs, liabilities, damages, claims (including reasonable attorneys’ fees) which are related to or in connection with (a) your use of this Site, the internet, your placement or transmission of any message, text, or other content or information on this Site by you; (b) your violation of any rule, policy, or term of these Terms; (c) your violation of any law, regulation or rule of the United States, the state of Indiana, or any other state or territory of any country.
Accuracy of Information
We make every attempt to provide accurate, current and complete information. That being said we are not perfect and we make no representation that the information found on this Site is accurate, current or complete.
Any claim relating to, and the use of, Site and the materials contained herein is governed by the laws of the state of Indiana and you consent to the exclusive jurisdiction and venue in state or federal courts located in the state of Indiana. A printed version of these terms shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We do not guarantee continuous, uninterrupted or secure access to our Site or Streams, and operation of the Site or Streams may be interfered with by numerous factors outside of our control. All calls made to JDRFM will be recorded, whether calls are made to a landline or wireless number owned by JDRFM or to a third party service (including but not limited to Skype, Google Voice) used by JDRFM. This is done to protect you as much as it is to protect us in the event any dispute should arise from said call. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others of these Terms does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. (Access and Interference), (Limitations of Liability) and (Indemnity) shall survive any termination or expiration of this Agreement.
We love to hear from our users and we welcome any comments you may have. You will not submit to JDRFM or post to Site (including, but not limited to the chat box) any content that encourages or supports hate or any type of violence against any person or group of persons or could be humiliating to any person or group. All content submitted by users will remain the intellectual property of the user and the user grants JDRFM an irrevocable, royalty free right to use any content submitted for promotional purposes. JDRFM has no obligation to protect the privacy of any information submitted by user and all content submitted by user is considered non-confidential. JDRFM reserves the right to remove any content submitted by user which JDRFM feels (in its sole discretion) is in violation of any of the aforementioned conditions. Please do not submit any suggestions for content or features to JDRFM unless JDRFM requests such submissions. If JDRFM does request such submissions of content or feature suggestions, or if you submit unsolicited content or suggestions for features you hereby grant JDRFM an irrevocable, royalty free right to use such user submitted content.
These Terms are the entire agreement between the user and JDRFM and supersedes any prior understandings or agreements (written or oral).
All content of site including but not limited to design of site, graphics (excluding sound wave background), text selections, arrangements and software (excluding facebook “like” button, twitter widget and RevolverMaps widget) and all stream names, stream logos, brand images and logos are copyright © 2004-2018 JDRFM™. All rights reserved. Google, facebook, twitter, ReCaptcha and RevolverMaps are the property of their respective copyright holders.