Rule Radio Terms & Conditions

TERMS AND CONDITIONS AND PRIVACY POLICY

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.

1. INTRODUCTION
The terms and conditions regarding your use of the Rule Radio Site constitute a legally binding agreement (the “Agreement”) between you and Rule Radio. In this Agreement, the term “Site” includes all web sites and web pages within Rule Radio as well as any equivalent, mirror, replacement, substitute or backup web sites and web pages thereto and thereof. The Site may also contain links or references to additional rules, policies and terms which may apply to specific features or functions of the Site and when you use those features or functions, those rules, policies and terms will also apply to you and form a part of these terms and conditions, and consequently, your agreement with us.

The words “use” or “using” in this Agreement, means any time an individual (a “user”) directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange any content or data or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or web sites or any links that may direct your browser or your connection to third party web sites or pages.

2. MODIFICATIONS
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of changes on the Site and we may also e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your Agreement with us.

3. INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Content”), are the property of Rule Radio, its subsidiaries, affiliates, licensors or suppliers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes “Content” as well. The Site is to be used solely for your noncommercial and personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including any notices on any Content you download, transmit, print or reproduce from the Site. You shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any Content without the express consent of Rule Radio or its owner if Rule Radio is not the owner.

Your use of the Site and any Content is conditioned upon your acceptance of this Agreement. You are authorized to use downloaded Content only for personal, non-commercial use. If you utilize the purchasing functions of the Site, you will be entitled to burn and export downloaded and paid-for Content solely for personal, non-commercial use. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners of any content, sound recording, underlying musical composition, or artwork embodied in any Content. You agree not to make any use of downloaded Content in violation of any international, federal, state and local law, including applicable copyright laws.

Any unauthorized or prohibited use of any Content may subject you to civil liability or criminal prosecution, or both, under applicable international, federal, state, and local laws. We require users to respect our copyrights and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and may disable the access to the Site and its services to anyone who uses them to infringe the intellectual property rights of others.

4. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. Except as we may expressly authorize in advance in writing, you may not use any “deep-link”. You may not “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any Content through any means not purposely made available through the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Rule Radio server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

In addition, without limiting the foregoing, you agree that you will not use our Site to take any of the following actions:

Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others.

Publish, post, upload, email, distribute or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content.

Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Site, any software or hardware, or telecommunications equipment.

Advertise or offer to sell any goods or services for any commercial purposes unless you have our written consent to do so.

Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.

Download any file that you know or reasonably should know, cannot be legally obtained in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content.

Restrict or inhibit any other user from using and enjoying any public area within our Site.

Collect or store personal information about other end users.

Interfere with or disrupt our Site, servers or networks.

Impersonate any person or entity, including, but not limited to, a Rule Radio representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site, or to manipulate your presence on our Site.

Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

Engage in any illegal activities.

5. MUSIC AVAILABILITY
Rule Radio makes every effort to provide a broad music offering. For this reason, Rule Radio reserves the right to change, remove, replace or terminate music options without notice.

6. PRICES
Rule Radio endeavors to offer you competitive prices on current selections for digital downloading. Your total price will include the price of the product plus any applicable sales tax (in effect on the day of download). Rule Radio reserves the right to change prices for products offered on Rule Radio at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.

7. PAYMENT METHODS
Rule Radio accepts various forms of payment, which may change from time to time. Rule Radio obtains a pre-approval from credit card companies for the amount of the order when credit cards are used. Billing to your credit card occurs at the time of check-out. Other methods, e.g., prepaid account, gift certificate, etc., will be governed by the terms of those accounts.

8. SALES TAX
Rule Radio purchases will include applicable sales tax based on the bill-to-address and the sales tax rate in effect at the time of download. If the sales tax rate for the billing address changes before the Content is downloaded, the new tax rate in effect at the time of download will apply. We will only charge tax in states where music downloads are taxable.

9. REFUND POLICY
All sales are final, and returns (if approved in advance by Rule Radio in its sole and absolute discretion) may receive a credit for future purchases.

10. ACCOUNTS, PASSWORDS AND SECURITY
An online Rule Radio registration or account is required to download or purchase Content. Please read our Privacy Statement, which describes how we collect and use your personal information. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Rule Radio immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Rule Radio or any other user of or visitor to the Site due to someone else using your Rule Radio ID, password or account.

You may not use anyone else’s Rule Radio ID, password or account at any time. Rule Radio cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

You further acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. All the information that we collect from you, such as registration and credit card information, is subject to our Privacy Policy.

11. ADVERTISING
From time to time, you may communicate with, receive communications from, be redirected to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (e.g. advertisers) as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such third party and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party or any goods or services you may purchase or obtain from any third party).

Please be aware that Rule Radio is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. Our Privacy Statement applies solely to information collected by this Site.

12. VIOLATION OF THIS AGREEMENT
You agree that Rule Radio may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to Rule Radio, for which monetary damages would be inadequate, and you consent to Rule Radio obtaining any injunctive or equitable relief that Rule Radio deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Rule Radio may have at law or in equity.

You agree that Rule Radio may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other governmental agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

13. DISCLAIMER
RULE RADIO DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. RULE RADIO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE FROM VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. RULE RADIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RULE RADIO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY RULE RADIO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR ANY LINKED SITES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Rule Radio reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

14. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER RULE RADIO NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES OR SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE, PURCHASES MADE FROM RULE RADIO, OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Rule Radio, upon written notice from you to us, attempt to repair, correct or replace any downloaded Content under this agreement and, if repair, correction or replacement is not reasonably commercially practicable for Rule Radio, to refund any monies actually paid by you for the Content involved. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Rule Radio assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver postings or for any failure or delay associated with any postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this agreement may not apply to you.

15. INDEMNITY
You agree to indemnify and hold Rule Radio, its officers, directors, members, managers, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), of any kind whatsoever made against Rule Radio by any third party due to or arising out of or in connection with your use of the Site and any of its features or capabilities.

16. ARBITRATION
(a)        Any dispute arising under this Agreement shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association (the “Rules”), by a panel of three (3) arbitrators, at least one of whom will be an attorney licensed to practice in North Carolina with at least ten (10) years experience in contract law or business litigation, all of whom will be selected in accordance with the Rules. The Arbitration will be conducted in Greensboro, North Carolina, and the fees of arbitration will be paid by the Parties in equal proportions.

(b)            Notwithstanding the foregoing, Rule Radio may seek injunctive or other equitable relief from any court of competent jurisdiction before or during arbitration as required by Paragraph 16(a).

17. MISCELLANEOUS
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Site or delivering them to you through email. You may update your email address by visiting the services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

This Agreement shall be governed and interpreted in accordance with the internal laws of the State of North Carolina applicable to agreements entered into and wholly to be performed therein, without regard to principles of conflicts of laws that would obtain a different result.

If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between you and Rule Radio with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Rule Radio with respect to such use are hereby superseded and cancelled. Rule Radio will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected. Rule Radio’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Rule Radio of any provision or any right Rule Radio has to enforce this Agreement, nor shall any course of conduct between Rule Radio and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.

PRIVACY POLICY

INTRODUCTION
Rule Radio, LLC is committed to protecting the privacy of its users. This statement discloses Rule Radio’s privacy practices and is incorporated into, and subject to the terms of, Rule Radio’s Terms and Conditions.

Rule Radio may change this policy from time to time. If so, any changes will be posted on this page, so that Rule Radio may keep its users informed of its information collection practices. Accordingly, we recommend that you consult this page frequently so that you are aware of our latest policy.

WHAT PERSONAL INFORMATION DO WE COLLECT?
You may listen to the Site without telling us who you are or revealing any personal information about yourself. An online Rule Radio registration or account is required to download or purchase Rule Radio’s products and services, and to upload Material to the Site (this requires you to enter into the Artist Agreement as well). Information that you provide when registering or creating an account, or accessing or using your account or the Rule Radio products or services associated with your account, may include: name and e-mail address; necessary billing information (including credit card number); information concerning products and content purchased, accessed, downloaded and/or burned through Rule Radio products or services; location information (such as street address, city, state, zip code or postal code and country); computer configuration (such as operating system, connection speed, and peripherals); and the IP Internet (IP) address and URL of the web site that sent you to the Rule Radio registration page. We may also ask you for demographic information such as language, gender and age, and, if applicable, content preferences and personal information.

HOW DO WE USE YOUR PERSONAL INFORMATION?
Rule Radio will use your personal information to:

Deliver and bill Rule Radio products and services, and communicate with you concerning your account and customer service issues.

Verify access rights to premium content or other access-restricted services and software, including for the purpose of supporting digital rights management software.

Determine if you meet the minimum system requirements to use our products.

Track content accesses, downloads and burns for the purposes of paying royalties and license fees to third party providers.

Ask you to participate in surveys about products, services, news and events.

Provide you with content, services, instructions, and a more personalized experience based on your language preferences, zip/postal code, country locations, and any content or other preferences you provide.

Provide you with targeted advertising, promotions, and special offers.

Better understand how our products are used, including web traffic patterns and what types of content are most popular with users of our products and services.

THIRD PARTY COMMUNICATION OF PERSONAL INFORMATION
We aggregate (gather up data across all users’ accounts) personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number, and bank account number, are not disclosed to these third parties in a personally identifiable manner without your express consent. However, on particular pages where we ask for your personally identifiable information, we may explicitly tell you that the data we are collecting on that page will be provided to third parties, in which case those disclosures shall override anything to the contrary in this policy.

USE OF COOKIES
Like other major web sites, we use cookies to provide you with a tailored experience in visiting our Site and using our products and services. We also use cookies to understand traffic patterns on Rule Radio’s Site and to authorize access to certain premium or trial content and product features. We treat any personal information that may be contained in cookies with the same level of confidentiality as other information that you provide to us.

Rule Radio does not require that you accept cookies; however, some functionality on our Site, such as our product purchase check-out process, may be disabled if you decline to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the option of whether to accept it.

OTHER SITES
The Rule Radio Site contains links and references to other web sites and organizations, including web sites owned or operated by Rule Radio’s advertisers. Please note that different rules may apply to the collection, use or disclosure of your information by third party service providers or vendors or any other sites you encounter on the Internet (even if these sites are branded with our branding or framed by our site). We encourage you to investigate and ask questions before disclosing information to third parties. We are not responsible for the privacy practices of such other third party web sites.

LIMITS ON OUR ABILITIES
Although your privacy is very important to us, due to the existing legal and technical environment, we cannot fully ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other governmental officials as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible problems or inquiries.

Back to top              Rule Radio Home