Terms of Service
MohawkRadio.com is an online promotional vehicle for bands and musicians, as well as, a social networking service that allows Members to create
personal profiles and band profiles online in order to find and communicate with old and new fans and or friends. The services offered by
MohawkRadio.com ("MohawkRadio.com" or "we") include the MohawkRadio.com website (the "MohawkRadio Website"), the MohawkRadio.com Radio Stream,
The MohawkRadio.com Podcasts, The MohawkRadio.com Search and Download Service and any other features, content, or applications offered from
time to time by MohawkRadio.com in connection with the MohawkRadio Website (collectively, the "MohawkRadio Services"). The MohawkRadio Services
are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MohawkRadio Services. By using the MohawkRadio
Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MohawkRadio Website) or you
are a "Member" (which means that you have registered with MohawkRadio.com). The term "User" refers to a Visitor or a Member. You are only authorized
to use the MohawkRadio Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.
Please read this Agreement carefully and save it. If you do not agree with it, you should leave the MohawkRadio Website and discontinue use of the
MohawkRadio Services immediately. If you wish to become a Member, communicate with other Members and make use of the MohawkRadio Services, you must read
this Agreement and indicate your acceptance during the Registration process.
This Agreement includes MohawkRadio.com's policy for acceptable use of the MohawkRadio Services and Content posted on the MohawkRadio Website, your
rights, obligations and restrictions regarding your use of the MohawkRadio Services and MohawkRadio.com's Privacy Policy. In order to participate in certain
MohawkRadio Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless
otherwise provided by the additional terms and conditions applicable to the MohawkRadio Services in which you choose to participate, those additional
terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: [email protected], Subject: Terms
of Use Agreement.
MohawkRadio.com may modify this Agreement from time to time and such modification shall be effective upon posting by MohawkRadio.com on the MohawkRadio Website.
You agree to be bound to any changes to this Agreement when you use the MohawkRadio Services after any such modification is posted. It is therefore important
that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on MohawkRadio.com and that you provide to other Users. Your MohawkRadio.com profile may not include the
following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing,
sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other MohawkRadio.com Members (for instance,
in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MohawkRadio.com assumes
no responsibility or liability for this material. If you become aware of misuse of the MohawkRadio Services by any person, please contact MohawkRadio or
click on the "Report Inappropriate Content" link at the bottom of any MohawkRadio.com page.
MohawkRadio.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict,
suspend, or terminate your access to all or any part of the MohawkRadio Services at any time, for any or no reason, with or without prior notice, and without
liability. MohawkRadio expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of
MohawkRadio Services if MohawkRadio determines, in its sole discretion, that you pose a threat to MohawkRadio and/or its Users.
Eligibility - Use of and Membership in the MohawkRadio Services is void where prohibited. By using the MohawkRadio Services, you represent and warrant
that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age
or older; and (d) your use of the MohawkRadio Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be
terminated without warning, if we believe that you are under 14 years of age.
Term - This Agreement shall remain in full force and effect while you use the MohawkRadio Services or are a Member. You may terminate your Membership
at any time, for any reason, by following the instructions on the Member's Account Settings page. MohawkRadio.com may terminate your Membership at any time,
without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
Fees - You acknowledge that MohawkRadio.com reserves the right to charge for the MohawkRadio Services and to change its fees from time to time in its
discretion. If MohawkRadio.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion
of subscription fees.
Password - When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third
party. You agree to notify MohawkRadio.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible
for any and all use of your account.
Non-commercial Use by Members - The MohawkRadio Services are for the personal use of Members only and may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by MohawkRadio.com. Illegal and/or unauthorized use of the MohawkRadio Services, including
collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or
linking to the MohawkRadio Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member
profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of
the MohawkRadio Services.
Proprietary Rights in Content on MohawkRadio.com
MohawkRadio.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other
materials (collectively, "Content") that you post to the MohawkRadio.com Services. After posting your Content to the MohawkRadio.com Services, 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 displaying or publishing
("posting") any Content on or through the MohawkRadio.com Services, you hereby grant to MohawkRadio.com a limited license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content solely on and through the MohawkRadio.com Services.
Without this license, MohawkRadio.com would be unable to provide the MohawkRadio.com Services. For example, without the right to modify Member Content,
MohawkRadio..com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and
without the right to publicly perform Member Content, MohawkRadio.com could not allow Users to listen to music posted by Members. The license you grant to
MohawkRadio.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to MohawkRadio.com), fully-paid and royalty-free
(meaning that MohawkRadio.com is not required to pay you for the use on the MohawkRadio Services of the Content that you post), sublicensable (so that
MohawkRadio.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the MohawkRadio Services), and
worldwide (because the Internet and the MohawkRadio Services are global in reach). This license will terminate at the time you remove your Content from
the MohawkRadio Services. The license does not grant MohawkRadio.com the right to sell your Content, nor does the license grant MohawkRadio.com the right
to distribute your Content outside of the MohawkRadio Services.
You represent and warrant that: (i) you own the Content posted by you on or through the MohawkRadio Services 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 MohawkRadio Services does not violate the privacy rights,
publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any
person by reason of any Content posted by you to or through the MohawkRadio Services.
The MohawkRadio Services contain Content of MohawkRadio.com ("MohawkRadio.com Content"). MohawkRadio.com Content is protected by copyright, trademark,
patent, trade secret and other laws, and MohawkRadio.com owns and retains all rights in the MohawkRadio.com Content and the MohawkRadio Services.
MohawkRadio.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MohawkRadio.com Content (excluding any
software code) solely for your personal use in connection with viewing the MohawkRadio Website and using the MohawkRadio Services.
The MohawkRadio Services contain Content of Users and other MohawkRadio.com licensors. Except for Content posted by you, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MohawkRadio Services.
Content Posted
MohawkRadio.com may delete any Content that in the sole judgment of MohawkRadio.com violates this Agreement or which may be offensive, illegal or violate
the rights, harm, or threaten the safety of any person. MohawkRadio.com assumes no responsibility for monitoring the MohawkRadio Services for inappropriate
Content or conduct. If at any time MohawkRadio.com chooses, in its sole discretion, to monitor the MohawkRadio Services, MohawkRadio.com nonetheless assumes
no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting
any such Content.
You are solely responsible for the Content that you post on or through any of the MohawkRadio Services, and any material or information that you transmit
to other Members and for your interactions with other Users. MohawkRadio.com does not endorse and has no control over the Content. Content is not necessarily
reviewed by MohawkRadio.com prior to posting and does not necessarily reflect the opinions or policies of MohawkRadio.com. MohawkRadio.com makes no warranties,
express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Content/Activity Prohibited
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the MohawkRadio Services. MohawkRadio.com reserves
the right to investigate and take appropriate legal action against anyone who, in MohawkRadio.com's sole discretion, violates this provision, including without
limitation, removing the offending communication from the MohawkRadio Services and terminating the Membership of such violators. Prohibited Content includes,
but is not limited to Content that, in the sole discretion of MohawkRadio.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- harasses or advocates harassment of another person
- exploits people in a sexual or violent manner
- contains nudity, violence, or offensive subject matter or contains a link to an adult website
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes
- includes a photograph of another person that you have posted without that person's consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile
The following is a partial list of the kind of activity that is illegal or prohibited on the MohawkRadio Website and through your use of the MohawkRadio Services.
MohawkRadio.com reserves the right to investigate and take appropriate legal action against anyone who, in MohawkRadio.com's sole discretion, violates this provision,
including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets
- advertising to, or solicitation of, any Member to buy or sell any products or services through the MohawkRadio Services. You may not transmit any chain letters or
junk email to other Members. It is also a violation of these rules to use any information obtained from the MohawkRadio Services in order to contact, advertise to,
solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MohawkRadio.com reserves
the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MohawkRadio.com deems appropriate in its
sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MohawkRadio
Services, you acknowledge that you will have caused substantial harm to MohawkRadio.com, but that the amount of such harm would be extremely difficult to ascertain. As
a reasonable estimation of such harm, you agree to pay MohawkRadio.com $50 for each such unsolicited email or other unsolicited communication you send through
the MohawkRadio Services
- covering or obscuring the banner advertisements on your personal profile page, or any MohawkRadio.com page via HTML/CSS or any other means
- any automated use of the system, such as using scripts to add friends or send comments or messages
- interfering with, disrupting, or creating an undue burden on the MohawkRadio Services or the networks or services connected to the MohawkRadio Services
- attempting to impersonate another Member or person
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account
- selling or otherwise transferring your profile
- using any information obtained from the MohawkRadio Services in order to harass, abuse, or harm another person
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the MohawkRadio Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
- using the MohawkRadio Services in a manner inconsistent with any and all applicable laws and regulations
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. It is the policy of MohawkRadio.com to terminate Membership privileges of
any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to MohawkRadio.com by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the MohawkRadio Services in a way
that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the MohawkRadio Services; (iv) your address, telephone number, and email
address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the
law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf. MohawkRadio.com's Copyright Agent for notice of claims of copyright infringement can be reached as
follows: Copyright Agent, MohawkRadio, Inc., 10862 Coronel Rd, Suite G��BG��, Santa Ana, CA 92705; and email: [email protected].
Member Disputes
You are solely responsible for your interactions with other MohawkRadio.com Members. MohawkRadio.com reserves the right, but has no obligation, to monitor
disputes between you and other Members.
Privacy
Use of the MohawkRadio Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers
MohawkRadio.com is not responsible for any incorrect or inaccurate Content posted on the MohawkRadio Website or in connection with the MohawkRadio Services,
whether caused by Users of the MohawkRadio Services or by any of the equipment or programming associated with or utilized in the MohawkRadio Services.
Profiles created and posted by Members on the MohawkRadio Website may contain links to other websites. MohawkRadio.com is not responsible for the Content,
accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by
MohawkRadio.com. Inclusion of any linked website on the MohawkRadio Services does not imply approval or endorsement of the linked website by MohawkRadio.com.
When you access these third-party sites, you do so at your own risk. MohawkRadio.com takes no responsibility for third party advertisements, which are posted
on this MohawkRadio Website or through the MohawkRadio Services, nor does it take any responsibility for the goods or services provided by its advertisers.
MohawkRadio.com is not responsible for the conduct, whether online or offline, of any User of the MohawkRadio Services. MohawkRadio.com assumes no
responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction
or unauthorized access to, or alteration of, any User or Member communication. MohawkRadio.com is not responsible for any problems or technical malfunction of
any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical
problems or traffic congestion on the Internet or on any of the MohawkRadio Services or combination thereof, including any injury or damage to Users or to any
person's computer related to or resulting from participation or downloading materials in connection with the MohawkRadio Services. Under no circumstances shall
MohawkRadio.com be responsible for any loss or damage, including personal injury or death, resulting from use of the MohawkRadio Services, attendance at a
MohawkRadio.com event, from any Content posted on or through the MohawkRadio Services, or from the conduct of any Users of the MohawkRadio Services, whether
online or offline. The MohawkRadio Services are provided "AS-IS" and as available and MohawkRadio.com expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. MohawkRadio.com cannot guarantee and does not promise any specific results from use of the MohawkRadio Services.
Limitation on Liability
IN NO EVENT SHALL MOHAWKRADIO.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MOHAWKRADIO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MOHAWKRADIO.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MOHAWKRADIO.COM FOR THE MOHAWKRADIO SERVICES DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls
Software available in connection with the MohawkRadio Services (the "Software") is further subject to United States export controls. No Software may be
downloaded from the MohawkRadio Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your
sole risk.
Disputes
If there is any dispute about or involving the MohawkRadio Services, you agree that the dispute shall be governed by the laws of the State of California,
USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United
States located in the State of California, City of Santa Ana. Either MohawkRadio.com or you may demand that any dispute between MohawkRadio.com and you
about or involving the MohawkRadio Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association
(AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent MohawkRadio.com from seeking injunctive relief in a court of competent
jurisdiction.
Indemnity
You agree to indemnify and hold MohawkRadio.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless
from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the MohawkRadio
Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth
above and/or if any Content that you post on the MohawkRadio Website or through the MohawkRadio Services causes MohawkRadio.com to be liable to another.
Indemnity
This Agreement is accepted upon your use of the MohawkRadio Website or any of the MohawkRadio Services and is further affirmed by you becoming a Member.
This Agreement constitutes the entire agreement between you and MohawkRadio.com regarding the use of the MohawkRadio Services. The failure of MohawkRadio.com
to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. MohawkRadio.com is a trademark of MohawkRadio, Inc. This Agreement operates to the fullest
extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and
does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact MohawkRadio with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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