When you first subscribed to TurtleRadio, this was one of the mandatory steps
that you had to select *I AGREE* otherwise you were not allowed to continue.
_____________________________________________________________________________
WELCOME
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Welcome to TurtleRadio.com (the "Site"). Voyetra Turtle Beach, Inc. ("VTB")
provides this Service to you subject to compliance with the notices, terms,
and conditions set forth below. By using the Service you agree to the terms
and conditions of this agreement as may be modified by VTB from time to time
("Agreement").
As used in this Agreement, "Internet Radio Stations" means a single, multiple,
or the entire listing of Internet Radio Stations provided on the Site for use
in the AudioTron and AudioStation products. As used in this Agreement,
"Service" means the use of the Site and also the use of any VTB products,
including, but not limited to the AudioTron and AudioStation product lines,
that may access the Site for the purpose of using the Service. Any new
features that augment or enhance either the Site or the use of any of the VTB
products in conjunction with this Site will also be subject to this Agreement.
You must provide all equipment necessary for accessing and utilizing the Site
and must pay any telephone service fees or other charges associated with your
access.
INTELLECTUAL PROPERTY
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Any and all intellectual property rights associated with the Site and the
text, software, music, sound, photographs, video, graphics, domain names,
URL's, advertisements, commercially produced information, and other materials
contained on the Site ("Intellectual Property") are the sole property of VTB
or its third party licensors, and, except as provided in this Agreement,
may not be copied, reproduced, modified, uploaded, downloaded, transmitted,
or distributed in any way. Except as provided in this Agreement, VTB does
not grant to you any express or implied rights to VTB's or any third party's
Intellectual Property. The VTB Intellectual Property is protected by
copyright, trade secret, and other intellectual property laws and by
international treaties, all of which provide rights and obligations that
are supplemental to the rights and obligations set forth in this Agreement.
TRADEMARKS
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All VTB graphics, logos, page headers, button icons, scripts, commercial
markings and service names are registered trademarks, trademarks or trade
dress of VTB. VTB's trademarks and trade dress may not be used in connection
with any product or service that is not VTB's, in any manner that is likely
to cause confusion among customers, or in any manner that disparages or
discredits VTB. All other trademarks not owned by VTB that appear on the
Service are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by VTB.
TERMS OF USE
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You are granted by VTB a non-exclusive, non-transferable, non-sublicenseable
license to use the Service solely for connecting to and from the AudioTron or
AudioStation products in accordance with this Agreement.
In order to use the Service, you will be required to register for an account
by submitting your name and e-mail address. ("Registration Information").
Provided you have indicated your agreement with this Agreement, a login name
and password will be issued to you after you have successfully completed the
registration process. You agree to maintain and update your Registration
Information as required to keep it current, complete and accurate. All
Registration Information will be handled in accordance with the terms of
the VTB Privacy Policy available at www.voyetra.com, and by accepting this
Agreement, you expressly consent to certain disclosures of your personally
identifiable and other personal information, and to our use of your
information, as enumerated in such Privacy Policy. You are solely responsible
for maintaining the confidentiality of the password and your TurtleRadio.com
account. In addition, you assume all responsibility and liability for any
use of your password or account, and shall notify VTB immediately upon
becoming aware of any abuse or a security breach of your password or account.
You agree to abide by all instructions, rules, and directions posted on the
Site.
You agree not to record or download any sound recordings or Internet radio
programs from stations linked to by TurtleRadio.com.
You agree that this Site and the TurtleRadio.com database of Internet Radio
Stations may not be reproduced, duplicated, copied, sold, resold, publicly
broadcast or otherwise exploited for any commercial purpose that is not
expressly permitted by VTB.
You agree that you will not do anything that serves to disrupt or interfere
with the security of, or otherwise abuse, the Site, the Service, or any system
resources, accounts, servers or networks connected to or accessible through
the Site or affiliated or linked services, or use any device or software
designed to circumvent technological measures employed to control access to
the Site or products made available via the Service.
You agree that you will not disguise your identity by spoofing, forging
headers, using third-party relayers, or otherwise obscuring the origin of
transmitted information including impersonating another person or entity.
You agree that you will not alter or remove any copyright, trademark, logo,
symbol, or proprietary or other legal notices displayed on the Site or via
the Service.
You understand that you may be subjected to music and other content, which is
pornographic, defamatory, hateful, or otherwise objectionable to you and that
you may not hold VTB or any of its affiliates responsible for such
objectionable material.
LINKS
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VTB does not intend links on the Site or the inclusion of Internet Radio
Stations in the TurtleRadio.com directory to be referrals or endorsements
of the linked entities. Any links, including click-through and other
advertisements and promotions on the Site to third party web sites or
resources are provided solely for your convenience. By accessing a link
to a third party web site you acknowledge and agree that:
(1) you will be leaving the Site;
(2) VTB has not necessarily reviewed, does not monitor, and has no control
over the content, advertising, order fulfillment, billing, customer service,
products, or availability of any third party web sites or resources,
and you bear all risks associated with the use of third party web sites or
resources; and
(3) VTB is not responsible or liable, directly or indirectly, for any loss or
damage of any sort incurred or alleged to be caused by or in connection with
your use of or reliance on any content, products, or services available on
third party web sites or resources.
NO WARRANTY
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THE SITE AND SERVICES OFFERED THROUGH THE SITE UNDER THIS AGREEMENT ARE
PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE,
COURSE OF DEALING, OR COURSE OF PERFORMANCE. VTB DOES NOT AUTHORIZE ANYONE TO
MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
VTB AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THIS
SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. VTB AND
ITS VENDORS AND SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR
(A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR INTERNET RADIO STATION, OR
(B) THE CAPABILITIES OR RELIABILITY OF ANY ASPECT OF THE SERVICE OR A THIRD
PARTY SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW.
YOU UNDERSTAND AND AGREE THAT ANY VTB CONTENT AND/OR MATERIAL DOWNLOADED,
UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE SITE IS DONE AT YOUR
OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT
FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR
MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY THIRD PARTY PRODUCTS OR SERVICES
PURCHASED THROUGH USE OF THIS SITE ARE GOVERNED SOLELY BY THE THIRD PARTY'S
TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND VTB HAS
NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES. SOME JURISDICTIONS
DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT
WILL VTB, ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT
LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE
DAMAGES (INCLUDING, WITHOUT LIMITATION, CORRUPTION OF CONTENT, AND LOSS OR
INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THIS
SITE, THE SERVICES OFFERED THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE
VTB PRODUCTS OR ANY THIRD PARTY PRODUCTS OR SERVICES, WHETHER OR NOT SUCH
DAMAGES WERE FORESEEABLE AND EVEN IF VTB WAS ADVISED THAT SUCH DAMAGES WERE
LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED
TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE
OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR
OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE
PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE,
OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
VTB CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS
TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS AGREEMENT, THE MAXIMUM LIABILITY OF VTB FOR DAMAGES WILL NOT EXCEED,
IN THE AGGREGATE, $100.00.
USER SUBMISSIONS TO TURTLERADIO.COM
-----------------------------------
VTB does not want to receive confidential or proprietary information from you
through this Site or otherwise. Please note that any information or material
sent to VTB via this Site or otherwise will not be deemed to be confidential
or proprietary. By sending VTB any information or material, you grant VTB an
unrestricted, irrevocable license to use, reproduce, display, modify, transmit
and distribute such material or information. Any use by VTB pursuant to this
paragraph shall not be deemed to be an endorsement of the submission by VTB,
and any such materials shall be subject to the terms contained in this
Agreement.
CHANGES TO THIS AGREEMENT
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VTB may modify or amend this Agreement or any other notices, terms
and conditions on this Site at any time. Accordingly, you should visit
www.turtleradio.com/site/config.asp?cmd=tou from time to time to review the
then-current and effective Agreement, the terms of which shall supersede this
Agreement.
INDEMNIFICATION
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You agree to indemnify and hold VTB and VTB's subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the Service and related services,
your violation of this Agreement, your violation of any intellectual property
rights of a third party, or materials you submit, transmit, store, upload or
download through the Site. This paragraph shall survive termination of this
Agreement.
TERMINATION
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VTB may terminate your use of the Service and related services immediately for
any reason, including, without limitation, for lack of use. You agree that
any termination of your access to the Service may be effected without prior
notice, and acknowledge and agree that VTB may immediately deactivate or
delete your Service account and all related information and/or bar any further
access to Service and all related services. You may terminate your use of
this service from the EDIT USER INFO section of the Site.
COPYRIGHT POLICY-NOTICE TO VTB REGARDING ALLEGED COPYRIGHT
INFRINGEMENT
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VTB respects the Intellectual Property rights of others, and expects its
users to do the same. In accordance with the Digital Millennium Copyright
Act ("DMCA") , VTB has designated an agent
to receive notifications of alleged copyright infringement associated with
this Site. VTB will, upon receiving proper notice as set forth below, use
commercially reasonable efforts to remove or disable access to any such
material as set forth in the DMCA.
When notifying us of the alleged copyright infringement, please include all
of the following information:
a) A physical or electronic signature of a person authorized to act on behalf
of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and
information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party,
such as an address, telephone number, and, if available, an electronic
mail address;
e) A statement that the complaining party has a good faith belief that the
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and,
under penalty of perjury, that the complaining party is authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
VTB reserves the right to terminate your use of the VTB Site for any
actual or alleged copyright infringement.
MISCELLANEOUS
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Any new features that augment or enhance TurtleRadio.com or the Service
offered via this Site shall be subject to this Agreement.
The provisions of this Agreement are independent of each other and the
invalidity of any provision or portion thereof shall not affect the validity
or enforceability of any other provision. In the event that any particular
provision is found to be invalid or unenforceable, such provision shall be
deemed to have been replaced with a valid and enforceable provision that
approximates as closely as possible the intent of you and VTB as reflected
in the original provision.
This Agreement is subject to applicable United States federal laws and federal
and state tariffs, if any, and the laws of the State of New York, without
regard to conflicts of law provisions, and you hereby consent to the exclusive
jurisdiction of the state and federal courts residing in the State of New
York. The United Nations Convention on Contracts for the International Sale
of Goods does not apply to this Agreement.
The parties confirm that this Agreement and all related documentation are and
will be drafted in English.
The waiver by VTB of any default or breach of this Agreement shall not
constitute a waiver of any other or subsequent default or breach.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON,
YOU ARE STATING THAT (i) YOU ARE OVER 18 YEARS OF AGE (ii) YOU HAVE READ
AND UNDERSTAND THIS AGREEMENT, AND (iii) THE AGREEMENT HAS THE SAME FORCE
AND EFFECT AS A SIGNED AGREEMENT.
This Agreement was last updated May 23, 2001
I AGREE I DISAGREE
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