Introduction
This Site, www.eastvillageradio.com, is operated by EVR Community Corp. ("EVR"). These Site Terms apply exclusively to your access to, and use of, our Site so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with us for other products or services. The services offered by EVR include any EVR-branded URL (the "EVR Website"), the EVR live and archived streams, the EVR instant messaging service, the EVR application developer service and other features (for example, music and video embedded players), EVR mobile services, and any other features, content, or applications offered from time to time by EVR in connection with EVR’s business (collectively, the "EVR Services"). BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE. Where applicable under law, these Terms constitute a 'writing signed by you.'
Changes to Eastvillageradio.com and the Terms of Service:
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we may send registered users an email notifying you of the change. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE EVR SERVICE. YOUR CONTINUED USE OF THE EVR SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Eligibility
You must be 13 years or older to use the EVR Service. By using and/or registering for the EVR Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service.
Copyright Notice and License
All copyrighted and copyrightable materials on this Site, including, without limitation, the EVR logo, design, text, graphics, pictures, playlists, webcasts and sound files, and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED to EVR and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of us or the respective copyright owner. You are granted a limited, non-sublicensable right to access this Site, utilize the EVR Services and print the Materials for your personal, non-commercial, and informational use only. Such grant does NOT include the right to: (a) copy, publish, display, publicly perform, or distribute the EVR Service or any element of the EVR Site, Materials, including reproduction on any computer network or broadcast or publications media; (b) resell or make commercial use of the Site, the EVR Services or its Materials; (c) systematically collect and use of any data or content including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of EVR Services, the Site and its Materials; (e) use, frame or utilize framing techniques to enclose any EVR trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page); (f) use any meta tags or any other "hidden text" utilizing a EVR name, trademark, or product name (g) use any photograph or other image published on the EVR site for any purpose, commercial or otherwise. Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of EVR or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Webcasts
EVR is the copyright owner of or an authorized licensee for all Webcasts (including all compositions and sound recordings contained therein), whether simulcast or archived, broadcast on this Site. Our broadcast of Webcasts is authorized under licenses by ASCAP, BMI, SESAC, SoundExchange and/or the compulsory license provisions of the Digital Millennium Copyright Act. You may play the Webcasts from the Site for your personal, non-commercial use only. The Webcasts, or any song contained within a Webcast, may not be copied, reproduced, distributed, republished, downloaded, displayed, publicly performed, posted or transmitted in any form or by any means, including without limitation the transferring or downloading of a Webcast or any portion thereof to a computer hard drive or other storage medium.
Member Conduct and Appropriate Content
EVR Service is made available for your personal, non-commercial use only. You may not use the EVR Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Content') that you submit, post, and display on the Eastvillageradio.com Service. We may, but shall have no obligation to, remove Content that we determine in our sole discretion is are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does EVR have any obligation to check the accuracy or truthfulness of the any Content, nor to monitor any Member's use of the EVR Service. EVR reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the EVR Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. EVR expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the EVR Services if EVR determines, in its sole discretion, that you have violated this Agreement or pose a threat to EVR and/or its Users. Member Disputes. You are solely responsible for your interactions with other EVR Members. EVR reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
Conditions For Use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the EVR Service. By way of example, and not as a limitation, you agree NOT to: 1. Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others; 2. Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information; 3. Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members; 4. Submit Content that isare unlawful or promote or encourage illegal activity or that would violate the property rights of others; 5. Submit Content of any third party without such third party's prior written consent, or Content that falsely express or imply that such Content are sponsored or endorsed by Eastvillageradio.com; 6. Create a false or misleading identity of, including, but not limited to, a EVR employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others; 7. Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 8. Use the Eastvillageradio.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website; 9. Attempt to gain unauthorized access to the EVR Service, other accounts, computer systems or networks connected to the EVR Service, through password mining or any other means; 10. Modify, adapt, translate, or reverse engineer any portion of the EVR Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Eastvillageradio.com Service; 11. Reformat or frame any portion of the web pages that are part of the Eastvillageradio.com Service; 12. Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law; 13. Remove any copyright, trademark or other proprietary rights notices contained in or on the EVR Service; 14. Disseminate any unsolicited or unauthorized advertising, promotional Content, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; 15. Interfere with another Member's use and enjoyment of the EVR Service; 16. Harvest or collect email addresses or other contact information of Members, including usernames, from the Eastvillageradio.com website by electronic or other means. 17. Reproduce any image or photograph posted on the EVR Service.
Proprietary Rights
Any music, photos, art workartwork, writing, or other creative works that you create are referred to in this agreement as "Content". EVR does not claim any ownership rights in any Content that you submit, post, or display on or through the EVR Services or on the eastvillageradio.com Web site. After submitting, posting or displaying Content on or through the EVR Services or on the Eastvillageradio.com Web site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By submitting, posting or displaying any Content on or through the EVR Service, you hereby grant to EVR a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the EVR Service. This license is necessary for EVR to provide the EVR Service. For example, without the right to modify your Content, EVR would not be able to digitally compress music files that you or other Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Content, EVR could not allow users and Members to listen to music posted by Members. The license you grant to EVR is non-exclusive (meaning you are free to license your Content to anyone else in addition to EVR), fully-paid and royalty-free (meaning that EVR is not required to pay you for the use on the EVR Service of the Content that you post), sub licensable (so that EVR is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the EVR Service), worldwide (because the Internet and the EVR Service are global in reach), extends to any music and images that you create, and continues in perpetuity. If you remove your Content from the EVR Service, EVR reserves the right to remove all of your Content from other Member's pages. The license does not grant EVR the right to sell your Content, nor does the license grant EVR the right to distribute your Content outside of the EVR Service. You represent and warrant that: (i) you own the Content posted by you on or through the EVR Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the EVR Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to execute any document necessary to ensure that EVR does not have to pay royalties for using any content you create and post to the eastvillageradio.com website. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to the EVR Service. EVR, Inc. and its affiliates and licensors own and retain all rights in the Eastvillageradio.com Web site and EVR Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the EVR Service by Eastvillageradio.com. Except as expressly authorized by Eastvillageradio.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Eastvillageradio.com's proprietary information. *EVR* and *Eastvillageradio.com* are trademarks of East Village Community Corp.
Privacy Policy
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the Eastvillageradio.com privacy policy.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. EVR respects the intellectual property rights of others and will terminate any user's access to the Eastvillageradio.com website according to these terms of use if EVR is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below: (i) statement that you have identified material on the Eastvillageradio.com website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Eastvillageradio.com web site (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner. Once you have completed the Notice, having included all of the information set out above, please send it to: Attn: EVR Copyright Infringement Notification East Village Radio 19 First Avenue, New York NY 10003 If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to EVR. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to EVR in bad faith. If you believe that any material that you have uploaded on to the Eastvillageradio.com website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice ('Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below: (i) specific details of the material that has been removed or to which EVR has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided EVR with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy). Once you have completed the Counter-Notice, having included all of the information set out above, please send it to: Attn: EVR Copyright Infringement Counter Notification East Village Radio 19 First Avenue, New York NY 10003 If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to EVR. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to EVR in bad faith.
Internet/WAP Access
EVR shall not be responsible for any connection or access to the Eastvillageradio.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Eastvillageradio.com website via the Internet or other service, and the Internet/WAP access charges thereon. You recognize that EVR shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the EVR Service via WAP or other service.
Termination of the EVR Service
These Terms of Service will apply to your use of the EVR Service. At any time, you can terminate your account which will remove your profile and other personal information from view. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the EVR Service. Our proprietary rights, disclaimer of warranties, licenses under this and any other agreement, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership. EVR may also, in its sole discretion and at any time, discontinue the EVR Service, or any part thereof, with or without notice, temporarily or permanently. You agree that any termination of access to the EVR Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that EVR may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the EVR Service. Where possible, EVR will use reasonable efforts to give Members fair notice of termination or suspension of their access to the EVR Service. You further agree that EVR shall not be liable to you or any third party for any termination or suspension of access to the EVR Service or modification of the EVR Service.
Disclaimer of Warranties
EVR, Inc. and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('EVR') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content displayed on the EVR Service. EVR further expressly disclaims (1) that the EVR Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the EVR Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the EVR Service or the content made available as part of the EVR Service will be correct, accurate, timely, or otherwise reliable. EVR expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Content of the EVR Service input by other Members is correct or accurate. EVR, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE EVR SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE EVR SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. EVR EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE EVR SERVICE IS ENTIRELY AT YOUR OWN RISK.
Trademarks Notice
EVR, our logo, and the products and services described in this Site, are either trademarks, service marks or registered trademarks of EVR or its licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of EVR, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and EVR names or logos mentioned herein are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Linking
You may not use our logo or other proprietary graphic or trademark to link to this Site without our express written permission. This limited right may be revoked at any time. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under our control and we are not responsible for their content. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. When leaving this Site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at EVR's request defend, EVR, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the EVR Service and eastvillageradio.com, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, EVR will provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE EVR SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL EVR, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE EVR SERVICE, WHETHER OR NOT EVR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE EVR SERVICE, FROM INABILITY TO USE THE EVR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EVR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE EVR SERVICE OR ANY PART OF THE EVR SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EVR SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL EVR BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF EVR OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.
Notices
EVR may provide you with notices regarding the eastvillageradio.com Service or these Terms of EVR Service by regular mail, email, or postings to this Web site.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the EVR Services.
Miscellaneous
These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the Southern District of New York. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Each of EVR's affiliates are express and intended third party beneficiaries of these Terms of Service and may enforce any of its terms and exercise any of the rights to the same extent as EVR. Without limiting the foregoing, under no circumstances shall EVR be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or Content, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service constitute the entire agreement between you and EVR with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by that party.