Last Updated: August 31, 2022
1. General Provisions
By entering this Site or using the Services, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use this Site or the Services if you do not agree to be legally bound by these Terms. Please read these Terms carefully. The Site and Services are intended for use only by citizens and legal permanent residents of the United States of America residing within the United States of America 16 years of age or older. If you are not a member of the intended audience, you are prohibited from accessing the Site or using the Services.
We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to the Site or Services. We will provide notice of the change via a post on the Site. We suggest periodically visiting this page of the Site to review these Terms.
You represent and warrant that you are the person you claim to be in your interactions with us, the Site, and Services. You will use the Site and Services in compliance with all applicable laws and regulations and you will not use them to defraud, harm, or impersonate another person.
2. User Guidelines
You agree that when using the Site or Services, you will act in a manner consistent with the goals of the Site and Services, and by way of example, and not as a limitation, you specifically agree that:
a. You will not violate any applicable local, state, national or international law, including but not limited to any rule, regulation, decree or ordinance.
b. You will not post information on or download information from the Site or Services unless you have all rights and authority necessary to do so.
c. You will not post any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal or other material or information that we in our sole discretion views as objectionable, including but not limited to text, graphics, audio and video files.
d. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any person.
e. You may express your disagreement with someone's point-of-view but personal attacks, or attacks based on another person's race, national origin, ethnicity, religion, gender, sexual orientation, gender identity, disability, or other similar quality or circumstance, are strictly prohibited.
f. You will not impersonate another person or entity or communicate under a false name or a name that you are not entitled or authorized to use.
g. You will not post or transmit surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or other similarly disruptive content.
h. You will not falsify or delete any author attributions, legal or other notices or proprietary designations or labels of the origin or source of software or other material posted on the Site or used as part of the Services.
i. You will not post or transmit files that contain viruses, corrupted files or other similar software, programs, or routines that may damage the operation of another's computer, the Site, or the Services.
j. You will not attempt to “crack," “hack," “bomb," manipulate, or otherwise gain unauthorized access to another person's user information, our servers, our software, or areas of the Site or Services not intended for your access.
k. You will not post, transmit or distribute any unsolicited advertising, promotional materials or other forms of solicitation to other individuals or entities, except in areas we designate for such purposes.
l. You will not harvest, mine, or otherwise collect or store personal information about others, including without limitation e-mail addresses.
m. You will not use or launch any automated system, including without limitation "robots," "spiders," "offline readers," etc., that accesses the Site or Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.
n. You agree not to solicit, for commercial purposes, users of the Site or Services.
3. User Data
We will maintain certain data that you transmit as part of the Site and Services for purposes of managing the Site and Services and providing the Site and Services to you. We do not warrant that we will retain your data for any period of time or at all. You should retain copies and backups of all data you provide to us. You agree that we shall have no liability to you for any loss or corruption of data you provide to us or that we store associated with your use of the Site and Services.
As a user, you may post or submit content to the Site or via the Services ("User Content"). You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any User Content.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Content to enable use of the User Content in the manner contemplated by the Site, Services, and these Terms.
For clarity, you retain all of your ownership rights in your User Content. By submitting your User Content to the Site, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licenseable, assignable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site, Services, and our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Site or Services a non-exclusive license to access your User Content through the Site or Services and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site or Services and under these Terms. You understand and agree, however, that we may retain, but not display, distribute or perform, server copies of User Content that have been removed or deleted.
You further agree that you will not submit material that is: (a) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to post the material and to grant us all of the license rights granted herein; and (b) in connection with User Content, contrary to applicable local, national, and international laws and regulations.
We do not endorse any User Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. We do not permit copyright infringing activities and infringement of intellectual property rights on its Site or in connection with the Services. We will remove User Content if properly notified that such User Content infringes on another's intellectual property rights. We reserves the right to remove any content, including without limitation User Content without prior notice.
Any opinions and recommendations expressed on the Site or as part of the Services are those of the person expressing such views. We are not responsible for and does not assume any liability for the comments and opinions expressed by users and other persons. You agree to hold us and our owners, officers, affiliates, employees, and contractors free of responsibility for any potentially damaging User Content posted by you.
We may suspend or terminate your use of the Site or Services at any time for any reason and without notice to you. Upon termination, we may, but are under no obligation to, delete any and all information stored by us related to your use of the Site or Services.
5. Product Information
The Site provides information about products and services we offer such as pricing, product specifications, and other information for educational purposes only. Nothing on our Site constitutes an offer to provide Services to you. Information on the Site is subject to change without notice and we do not warrant its completeness, accuracy, or currency. Further, we provide you an opportunity to complete an informational form to indicate to us that you may be interested in our Services. Our provision of this inquiry form does not constitute an offer to provide Services.
Although we endeavor to provide accurate information on the Site, errors may occur and we will not be bound to any displayed information.
This Site shall not be used or relied upon by you as a substitute for information that is available to you from one of our authorized representatives.
7. Sweepstakes, Contests, and Promotional Events
From time to time, we may offer opportunities to participate in sweepstakes, contests, and promotional events either directly or through a third-party sweepstakes administrator. Your participation will be governed by the official rules applicable to the sweepstakes, contest, or promotional event in which you participate, and such official rules are supplemental terms incorporated herein by reference.
Our Site may offer job opening information and provides you an opportunity to apply for employment with us. You understand that nothing contained on the Site constitutes and offer of employment with us.
9. Disclaimer of Warranties
The Site and Services are provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND SERVICES. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays, or errors in the transmission or delivery of any communications, information, materials, or services through the Site or Services. To the extent a jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply. You understand and agree that the action or inaction of third parties is outside of our control and that we do not guarantee any third party will take any action or refrain from taking any action.
We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised, or offered for sale on or through the Site or Services or any website linked to the Site or Services.
10. Our Intellectual Property
All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site and Services constitute trade dress and are either our property or used on the Site or Services with permission. The absence of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site or Services may be the trademarks and the property of their respective owners.
You acknowledge and agree that the Site and Services, and all information and materials appearing therein, are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by us. Except as expressly authorized by us, either in these Terms or elsewhere, you agree not to sell, license, rent, reverse engineer, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site or Services.
Images, logos, and trademarks of third parties are used on our Site and in connection with our Services with permission of their owner.
11. Digital Millennium Copyright Act Notice
Mercury Radio Arts, Inc.
6301 Riverside Drive
Irving, Texas 75039
We require that you provide a written or email notice. In your notice, please include:
- Your physical or electronic signature;
- Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
- Identification of the material that you claim to be infringing, and where the material is located on the Site;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
- A statement, under penalty of perjury, that the information in your notice is accurate.
If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.
We may need to contact you to obtain additional information prior to acting on your notice, and you give us permission to do so. Upon receiving actionable notice that any material on the Site infringes a copyright, we will remove such material subject to applicable law. If we receive a counternotice, we will forward it to the person who requested removal. We do not investigate or resolve copyright disputes.
12. Limitation of Liability
IN NO EVENT WILL WE OR OUR AFFILIATES, VENDORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL/REPUTATION, OR LOST ANTICIPATED BUSINESS (EVEN IF WE HAVE BEEN ADVISED OF OR COULD HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. OUR AGGREGATE LIABILITY FOR ANY LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES ASSOCIATED WITH ANY CLAIM OR ACTION RELATED TO, IN CONNECTION WITH, OR ARISING UNDER THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE LIMITATION OF SOME LIABILITIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Dispute Resolution
Any controversy, claim or dispute arising out of or related to these Terms, the Site, and/or the Services, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim, or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for commercial arbitration, including, if applicable, provisions for the resolution of consumer disputes (the “Arbitration Rules”). The arbitration shall be conducted in Dallas County, Texas before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Either party may bring a Dispute in small claims court in Dallas County, Texas to the extent permitted by the Arbitration Rules. If the amount in controversy is less than $15,000 , the parties agree that the Dispute in arbitration will be decided on the basis of written submissions without a hearing. The decision of the arbitrator will be final without option to appeal. To the fullest extent permitted by law, the arbitrator shall not have the power to award punitive, special, consequential, or indirect damages against any party. Arbitration costs and fees shall be divided equally between the parties except in the event of a consumer arbitration in which case arbitration costs and fees will be allocated in accordance with the Arbitration Rules. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.
14. Governing Law
The Terms are governed according to the laws of the State of Texas, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought solely in the state or federal courts located in Dallas County, Texas, and the parties agree to the jurisdiction thereof.
You will defend, indemnify, and hold us and our affiliates, vendors, service providers, officers, directors, owners, employees, contractors, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) (collectively, “Losses”) arising out of or related to (i) any breach or alleged breach of these Terms by you; (ii) your violation of any applicable law or regulation; or (iii) your negligence or willful misconduct.
17. Force Majeure
We will be excused from failures or delays in delivery or performance of the Site and/or Services, if such failure or delay is attributable to causes our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.
We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.
The Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Site or Services (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.
20. Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Site is Mercury Radio Arts, Inc., 6301 Riverside Drive, Building 1, Irving, Texas 75039. To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the above address or contact us via e-mail at email@example.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 1-800-952-5210.
If you have any questions about the Site, our Services, or the products we offer, please contact us using the information below.
Mercury Radio Arts, Inc.
6301 Riverside Drive
Irving, Texas 75039