Terms


TERMS OF USE AGREEMENT

Envision Radio Networks, Inc owns and manages the audiomonky.com website.

Before using the audiomonky.com website please read this Agreement carefully. Envision Radio Networks, Inc provides the audiomonky.com website, and the materials and services offered on such site, for your use subject to your compliance with this Terms of Use Agreement. Your use of the audiomonky.com website constitutes your agreement to be bound by this Agreement. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of the audiomonky.com website.

1.- Use of Materials Restrictions

1.1- No materials from audiomonky.com website may be copied, republished, reproduced, uploaded, posted, transmitted, shared or distributed in any way, except as set forth in this Agreement or by obtaining written permissions from Envision Radio Networks, Inc. All materials contained on the audiomonky.com website, including graphics, software, intellectual property rights related thereto, are owned and/or controlled by Envision Radio Networks, Inc or affiliated companies, and/or its third party licensors.

1.1.1- The audio materials presented on the audiomonky.com website are exclusively intended for use only by terrestrial radio broadcasters who are licensed users (“Affiliates”). All affiliates must sign and execute a license agreement with audiomonky.com or an entity that Envision Radio Networks, Inc has assigned as an authorized distributor of audiomonky.com website before using the audiomonky.com website.  When you become an affiliate of audiomonky.com website, you may start using the website, including downloading and exploiting the audio materials offered, with the only purpose of broadcasting. If a conflict between this Agreement and your license agreement with audiomonky.com website emerge, the terms of this agreement shall predominate.

 

Your access to audiomonky.com website may be terminated immediately if in audiomonky.com sole discretion, with or without notice, if you fail to comply with any provisions of this agreement or for any or no reason, you may not use audiomonky.com website for any purpose that is prohibited by this agreement.

 

2.- Changes to this Agreement

2.1- If at any time you do not accept these changes, you must immediately discontinue use of audiomonky.com website to which the changes may apply. Envision Radio Networks, Inc reserves the right, in its sole discretion, to alter, modify, or otherwise change this Agreement at any time. Your continued use of any of the Envision Radio Networks, Inc website constitutes your acceptance and agreement to be bound by these changes, if any.

3.- Accounts, Security, Passwords

3.1- the confidentiality of your password and account information is your responsibility and you agree and assume responsibility for any and all activities that occur under your account. You agree to notify audiomonky.com website immediately of any unauthorized use of your account. Envision Radio Networks, Inc is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

3.1.1- audiomonky.com constantly scans our servers for illegal activity, if audiomonky.com website discovers that your account has been logged into from multiple IP addresses, your account may be temporarily disabled. After you confirm that no unauthorized users have made use of your account, and that all such uses of your account constitute legitimate use by you, your account will be re-enabled.

4.- Privacy and Protection of Personal Information

4.1- Envision Radio Networks, Inc  and audiomonky.com website does not sell, license or transfer any of your personal information to any third party, audiomonky.com website uses cookies so that your username and password will be stored for future visits to audiomonky.com Site, making it easier for you to initiate the login process,  information is only stored temporarily and is not saved or maintained in a database.

5.- Disclaimer of Warranties

5.1- All audio material provided in the audiomonky.com website is “as is”. audiomonky.com does not warrant the site will operate uninterrupted or error free, that the website will be free of virus, spyware or any other harmful components;  audiomonky.com is not responsible for server errors or failures caused by the hosting company Envision Radio Networks, Inc uses to host audiomonky.com, including misdirect transmissions or failed internet connections.

5.1.2- Envision Radio Networks, Inc makes no representations to whether the material offered in audiomonky.com website is suitable for broadcasting or to be broadcast in terrestrial radio or any other use, without violation of applicable laws including copyright rights. You agree that permissions or licenses from third parties may be required for broadcast (or any other use) at your sole cost and expense, you shall hold Envision Radio Networks, Inc and their sub-sites including audiomonky.com free and harmless from any and all liability damage arising from your failure to do so. You agree to while you use audiomonky.com services in connection with your broadcast radio station, you shall never use the material obtained in audiomonky.com website for the advertising or promotion of a third party product or service.

6.- Links

6.1- The audiomonky.com website may contain links to websites operated by third parties. Selecting any external link on audiomonky.com website, you will be leaving audiomonky.com website site and go to an unaffiliated third party Web site that may offer different terms of use, privacy and level of security..  Audiomonky.com website makes no representations of any of the content uploaded, displayed, or distributed, or products, or services available at these sites. Envision Radio Networks, Inc reserves the right to disable links from third party sites.

7.- Modification/Termination by audiomonky.com website

7.1- Envision Radio Networks, Inc reserves the right, in its sole discretion, to modify, suspend, or terminate the  audiomonky.com website and/or any portion thereof, including the Services, and/or your account, password, or use of  audiomonky.com website, or any portion thereof, at any time for any reason with or without notice to you.

7.1.2- In the event of termination, you will still be bound by your obligations under this Agreement, including the warranties made by you, and by the disclaimers and limitations of liability. Termination of your account removes your authorization to use the Services or any materials licensed to you in connection with such Services, and you shall cease any further use of such Services or materials. Additionally, audiomonky.com website shall not be liable to you or any third-party for any termination of your access to your account.

 

8.- Limitations on Liability

8.1- Under no circumstances shall  audiomonky.com website be liable for incidental, indirect, special or consequential damages, including, but not limited to, lost profits, savings or revenues of any kind, even if audiomonky.com website has been advised of the possibility of such damages.

9.- Indemnification

9.1.- You agree to indemnify, defend, and hold harmless  Envision Radio Networks, Inc , audiomonky.com website , its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney’s fees, resulting from your breach of any provision of this Agreement, or from your failure to obtain the necessary third party licenses required herein, or otherwise arising in any way out of any act or omission by you which gave rise to such claim, action, demand, liability, cost or expense.   Envision Radio Networks, Inc website reserves the right to take exclusive control and defense of any such claim that is subject to indemnification by you, in which event you will cooperate fully with audiomonky.com website in asserting any available defenses.

10- International Use

10.1- All Material obtained from audiomonky.com is market exclusive and is only available to terrestrial radio broadcasters in the United States of America. If you choose to access the audiomonky.com website from outside the United States, you do so at your own risk and initiative. Envision Radio Networks, Inc makes no representation that materials on the audiomonky.com website are appropriate or available for use in locations outside the United States.

 

11.- Submissions

11.1- Envision Radio Networks, Inc  and audiomonky.com will not consider any unsolicited submissions to audiomonky.com website. No such submission will be subject to any reimbursement or other payment by audiomonky.com website.

12.- Notice and Procedure for Making Claims of Copyright Infringement

12.1- In the event that you believe any content posted on the audiomonky.com website may infringe upon your copyrights, Envision Radio Networks, Inc will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to  audiomonky.com Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.

Written notification must be submitted to the following Designated Agent:

Service Provider: Envision Radio Networks, Inc

Name of Agent Designated to Receive Notification of Claimed Infringement:

Danno Wolkoff

Full Address of Designated Agent to Which Notification Should be Sent:

3733 Park East Dr Room 222 Cleveland, Ohio 44122

Telephone Number of Designated Agent:

(216) 831-3761

Facsimile Number of Designated Agent:

(216) 514-4699

Email Address of Designated Agent:

audiomonky@envisionradio.com

 

 

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