Terms of Service (Canlı Radio Player)

AND CONDITIONS OF USE

IMPORTANT! THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE“) ARE A LEGAL AGREEMENT THAT GOVERN YOUR USE OF FITRADIO.COM AND OTHER CANLı RADYO PLAYER PLATFORMS (DEFINED BELOW). BY ACCESSING OR USING FITRADIO.COM OR ANY CANLı RADYO PLAYER PLATFORM, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.

Welcome to Canlı Radyo Player! Canlı Radyo Player is an online hosting service by CANLı RADYO PLAYER , a Georgia limited liability company, which provides, at the discretion of its users, for the storage and sharing of online content, including music and other digital media. The Canlı Radyo Player services include the website www.fitradio.com, Canlı Radyo Player mobile applications, and related players, widgets, tools, software, social features, personalized content, and other applications, and any other services now known or later developed by Canlı Radyo Player (the “Canlı Radyo Player Platforms“).

Your Acceptance

Agreement: By using the Canlı Radyo Player Platforms, you agree to abide by these Terms of Use, the Canlı Radyo Player Privacy Policy, and any additional terms, rules, regulations, or guidelines posted on the Canlı Radyo Player Platforms (all of which are incorporated herein and collectively referred to as, these “Terms of Use“). These documents are legally binding agreements between you and Canlı Radyo Player-please read them carefully. If you do not agree to these Terms of Use, please do not use the Canlı Radyo Player Platforms.

Authority and Age Restriction: You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent and otherwise possess the legal right and ability to enter into these Terms of Use and use the Canlı Radyo Player Platforms in accordance with these Terms of Use. In either case, you represent and warrant that you are at least 13 years of age. The Canlı Radyo Player Platforms are not intended for children under 13.

Changes to the Terms of Use: Canlı Radyo Player may, in its sole discretion, change the Terms of Use at any time, in which case Canlı Radyo Player will post the revised Terms of Use on the Canlı Radyo Player Platforms. By continuing to use the Canlı Radyo Player Platforms after Canlı Radyo Player posts any such changes, you accept the Terms of Use as modified.

Changes to the Canlı Radyo Player Platforms: Canlı Radyo Player may change, restrict access to, suspend or discontinue the Canlı Radyo Player Platforms, or any portion of the Canlı Radyo Player Platforms, at any time in its sole discretion. From time to time, Canlı Radyo Player may establish general practices, limits, or restrictions concerning the use of the Canlı Radyo Player Platforms and the posting of materials by users of the Canlı Radyo Player Platforms.

User Accounts

Accounts: To use the Canlı Radyo Player Platforms, you must be a registered user. You may register for either a Primary User or Secondary User account (“Accounts“). In general, and without restriction or limitation, Primary Users may upload and access content stored on the Canlı Radyo Player Platforms and Secondary Users, on either a free or premium basis, may access (but not upload) content stored on the Canlı Radyo Player Platforms. Click here for a description of the current features, including fees, associated with each type of Account. Canlı Radyo Player may add, remove, or change the features of any type of Account, may withdraw or introduce new types of Accounts at any time and for any reason, and may change the prices charged for any of its Accounts from time to time. In the event of any change(s) to the pricing or features of any Account to which you have subscribed, you will be notified of such change(s) and you will have a reasonable opportunity to modify, cancel, or renew your Account.

Fees and Payments: Certain features of the Canlı Radyo Player Platforms are only available to users who register and pay for a Primary User Account or premium Secondary User Account. Your payment will be charged at the time of registration, and then in advance at the beginning of every month thereafter unless you cancel your subscription with Canlı Radyo Player’s billing provider (Apple App Store, Google Play Store or Amazon Payments) at least 24 hours prior to the billing date. You may upgrade your Account at any time. Your Canlı Radyo Player subscription covers up to 40 hours of usage per month. After 40 hours of listening, additional charges may apply. If you wish to downgrade or terminate your Account, you may do so effective at the end of the last month for which you have paid. Canlı Radyo Player will charge fees due in accordance with the payment method you have chosen for your Account. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All sales are final and are not subject to refunds.

Registration and Personal Information: You agree to provide Canlı Radyo Player with accurate and complete information when you register for an Account, and you agree to update your information to keep it accurate and complete. Your Account will require a unique username and password. You are responsible for all activities that occur under your username and password. You should not provide your username and password to anyone and you have the obligation to protect your username and password from unauthorized use. You must immediately notify Canlı Radyo Player of any security breach of your Account. Canlı Radyo Player is not responsible for any losses arising out of the unauthorized use of your Account. Personal information you provide to Canlı Radyo Player when you create your Account is governed by Canlı Radyo Player’s Privacy Policy. Canlı Radyo Player reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and verify compliance with any part of these Terms of Use. You agree that Canlı Radyo Player has the right to disclose any Account information to law enforcement authorities, government officials, and third parties, as Canlı Radyo Player believes is reasonably necessary or appropriate to enforce and verify compliance with any part of these Terms of Use.

Termination: If you fail, or Canlı Radyo Player suspects that you have failed, to comply with any of the provisions of these Terms of Use, Canlı Radyo Player, in its sole discretion, without notice to you, may terminate your Account and disable or prohibit your access to the Canlı Radyo Player Platforms. You may terminate your Account at any time and Canlı Radyo Player will stop charging you fees for your Account effective on the first day of the month following its receipt of notice of termination from you. You will not receive a refund for any partial month. Once your Account has been terminated, Canlı Radyo Player will irretrievably delete any and all content residing in your Account or pertaining to activity from your Account.

Content on the Canlı Radyo Player Platforms

Content: All content used on and in the Canlı Radyo Player Platforms and the functionality thereof, including without limitation, the text, software, scripts, source code, graphics, photos, domain names, interactive features and the like, and the trade secrets, trademarks, trade names, service marks and logos contained therein (“Content“), are owned by or licensed to Canlı Radyo Player and are proprietary and protected by applicable intellectual property law. Except as explicitly permitted by the Terms of Use or the functionality of the Canlı Radyo Player Platforms, Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works, or otherwise exploited for any other purposes whatsoever without Canlı Radyo Player’s prior written consent. Canlı Radyo Player may change the Content on the Canlı Radyo Player Platforms without notice.

Third-Party Material: Certain Content on the Canlı Radyo Player Platform, in in particular, User Submissions (defined below), include content, products, resources, and services from third parties. Canlı Radyo Player may provide links, solicitations, advertisements, data, or information related to third parties and their materials. Canlı Radyo Player has no control over such third parties and their materials, and, as such, you agree that Canlı Radyo Player does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials from such third parties. You agree that you assume full responsibility when you choose to access third party material or follow any links that lead you to third party websites.

Objectionable Material: You understand that by using the Canlı Radyo Player Platform, you may encounter material that you may deem to be offensive, indecent, or explicit. Nevertheless, you agree to use the Canlı Radyo Player Platform at your sole risk and you agree that Canlı Radyo Player has no liability to you for material that may be found to be offensive, indecent, or objectionable.

Use of Canlı Radyo Player Platforms

License for Your Use: Subject to these Terms of Use and only to the extent permitted by your Account and the functionality of the Canlı Radyo Player Platforms, you are granted a limited, personal, non-commercial, non-exclusive, revocable, non-assignable and non-transferable right to use the Canlı Radyo Player Platforms in order to access and interact with content on the Canlı Radyo Player Platform, upload or post User Submissions to the Canlı Radyo Player Platform, and participate in community areas and interact with other users of the Canlı Radyo Player Platform.

Restrictions on Your Use: You may not use Canlı Radyo Player for any illegal purpose or in any manner inconsistent with these Terms of Use. Canlı Radyo Player reserves the right to restrict or terminate your access to Canlı Radyo Player for any reason at any time, with or without notice to you, as determined by Canlı Radyo Player in its sole and absolute discretion. Without limitation you agree, represent, and/or warrant that:

• You will use the Canlı Radyo Player Platforms only for personal, private, non-commercial purposes.
• You shall not interfere with or damage the Canlı Radyo Player Platforms in any way whatsoever, including, but not limited to, by trespass, burdening network capacity, repeatedly posing the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
• You may not decompile, disassemble, reverse-engineer or otherwise attempt to discover any source code contained in or on the Canlı Radyo Player Platforms.
• You agree not to tamper with or modify the Canlı Radyo Player Platforms in any manner and for any purpose including but not limited to obtaining unauthorized access to the Canlı Radyo Player Platforms.
• You agree not to circumvent, disable or otherwise interfere with security related features of the Canlı Radyo Player Platforms or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Canlı Radyo Player Platforms.
• You agree not to obtain or attempt to obtain any materials or information though any means not intentionally made available through the Canlı Radyo Player Platforms.
• You will not use any automated means, including bots, botnets, robots, spiders, scrapers, data mining tools, automated scripts, or the like to download, access, aggregate, repurpose, or otherwise make use of the Content for any purposes. Notwithstanding the foregoing, Canlı Radyo Player grants the operators of public search engines permission to use spiders to copy materials from Canlı Radyo Player Platforms for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Canlı Radyo Player reserve the right to revoke these exceptions either generally or in specific cases.
• You will not make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Canlı Radyo Player Platforms.
• You may not copy, re-skin, re-package, reproduce, recompile, distribute, publish, display, perform, or in any way exploit any part of the Content except as expressly permitted by the functionality of the Canlı Radyo Player Platforms;
• You may not use any Content in any way that is designed to create a separate content service or that replicates any part of the Canlı Radyo Player Platforms.
• You agree not to defame, harass, abuse, threaten, stalk, defraud, or attempt to collect personal information about Canlı Radyo Player or users of the Canlı Radyo Player Platform.
• You agree to notify Canlı Radyo Player in writing promptly upon becoming aware of any unauthorized access or use of the Canlı Radyo Player Platforms by any party.

Linking: You may include links to Canlı Radyo Player Platforms provided that (1) you do not replicate the Content, (2) you do not imply that Canlı Radyo Player is endorsing or sponsoring your website or products, (3) you do not present false information about Canlı Radyo Player or Canlı Radyo Player Platforms, (4) your website does not contain illegal content or support, endorse, or encourage piracy or the unauthorized exploitation of intellectual property rights. Notwithstanding the foregoing, Canlı Radyo Player reserve the right to deny permission to link to Canlı Radyo Player Platforms for any reason in its sole and absolute discretion.

User Submissions

General: Subject to Account limitations and these Terms of Use, certain users of Canlı Radyo Player may upload and/or post to the Canlı Radyo Player Platforms digital media as may be permitted from time to time by the Canlı Radyo Player Platforms, which may include music, audio, text, photos, press kits, user profile information, ratings, commentary, and other digital content, data or information supplied by you and other users (“User Submissions“). By uploading or posting User Submissions, you acknowledge that Canlı Radyo Player will store User Submissions on its servers through an automatic process for use in the Canlı Radyo Player Platforms and that Canlı Radyo Player does not review, approve, or otherwise assist in the creation of User Submissions. You are solely responsible for your User Submissions and for the consequences of uploading or posting. You understand that Canlı Radyo Player does not guarantee any confidentiality with respect to any User Submissions. Canlı Radyo Player assumes no responsibility or liability for the deletion, corruption, or loss of any User Submissions or its failure to receive or store User Submissions for any reason, including, without limitation, malfunctioning of any network, hardware or software. Removal of User Submissions from your Account or profile will not automatically result in the deletion of the relevant files from Canlı Radyo Player’s systems and servers. Once a User Submission is uploaded to the Canlı Radyo Player Platforms, Canlı Radyo Player is not obligated to ensure the deletion of the content from any servers or systems operated by Canlı Radyo Player, or to require that any user delete any specific material.

Rights: You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Canlı Radyo Player, you grant Canlı Radyo Player a worldwide, non-exclusive, royalty-free, sublicenseable, transferable, perpetual, and irrevocable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions for any purpose whatsoever in connection with the Canlı Radyo Player Platforms, including without limitation for promoting and redistributing part or all of the Canlı Radyo Player Platforms (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Canlı Radyo Player Platforms a non-exclusive license to access your User Submissions through the Canlı Radyo Player Platforms, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Canlı Radyo Player Platforms and under these Terms of Use.

Representations and Warranties: In addition to the general restrictions on your use of the Canlı Radyo Player Platforms above, for each of your User Submissions and without limitation, you agree, represent, and/or warrant that:

• Each of your User Submissions, and each and every part thereof, is an original work by you, or you have all of the full and necessary legal rights and authority, including but not limited to, copyrights, rights of attribution, rights to credit, neighboring rights, moral rights, or any other intellectual property or proprietary rights, in order to use and to authorize Canlı Radyo Player to use, or, where relevant, to grant Canlı Radyo Player the licenses in and to the content, pursuant to these Terms of Use, on behalf of yourself and any composers, publishers, authors, or other third parties.
• Each of your User Submissions does not and will not infringe upon or violate the rights of an third party, including, without limitation, intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
• You have obtained any and all necessary consents, permissions, licenses, and/or releases from any and all persons appearing in your User Submissions in order to include their name, voice, performance, composition, or likeness in the content and to publish and distribute the same on the Canlı Radyo Player Platforms.
• Canlı Radyo Player is free to use your User Submissions in accordance with the terms of these Terms of Use and any such use of your User Submissions will not violate any laws or the rights of any person.
• Canlı Radyo Player shall not be required to make any payments with respect to your User Submissions.
• You hereby irrevocably and unconditionally waive any and all moral and like rights that you may have in your User Submissions and hereby agree not to make any claim based on such moral or like rights with respect to Canlı Radyo Player’s use of your User Submissions in accordance with the terms of these Terms of Use.
• You are solely responsible for all of your User Submissions posted, uploaded, published, made available or displayed through your Account, including any messages, and for your interactions with other users, and you shall be solely responsible for your User Submissions and the consequences of uploading or posting.
• You will not use any bots, botnets, automated scripts or other automated or electronic means to artificially increase the play count, add followers, or otherwise to misrepresent the popularly of your User Submissions.
• Your User Submissions do not contain falsehoods, misrepresentations, or deceptive matter that could damage the Canlı Radyo Player Platforms, Canlı Radyo Player, or any third party.
• Your User Submissions do not contain material that is unlawful, obscene, patently offensive, defamatory, libelous, threatening, sexually explicit, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable in its reasonable discretion.
• Your User Submissions do not contain any unsolicited or unauthorized advertising, promotional messages, mass email, spam or any other form of solicitation involving commercial activities and/or sales without Canlı Radyo Player’s prior written consent such as contests, sweepstakes, advertising, or pyramid schemes.
• Your User Submissions do not contain any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which might overburden, impair or disrupt the Canlı Radyo Player Platforms or servers or networks forming part of, or connected to, the Canlı Radyo Player Platforms, or which does or might restrict or inhibit any other user’s use and enjoyment of the Canlı Radyo Player Platforms.
• Your User Submissions do not provide material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act or any other relevant statute, regulation, or policy.

Infringement and Repeat Infringer Policy: Canlı Radyo Player do not permit copyright infringing activities or infringement of intellectual property rights on the Canlı Radyo Player Platforms, and Canlı Radyo Player will remove all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights. Canlı Radyo Player will also terminate a user’s access to the Canlı Radyo Player Platforms, if Canlı Radyo Player determine, in its sole discretion, that the user is a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Canlı Radyo Player Platforms more than twice. Canlı Radyo Player also reserve the right to decide whether a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornographic, obscene or defamatory material, or excessive length. Canlı Radyo Player may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. Canlı Radyo Player reserves the right to monitor, investigate, and take appropriate action in its sole discretion against anyone who violates these Terms of Use.

DMCA Copyright Agent

Its DMCA Agent: If you are a copyright holder who believes that any of the products, services or Content which are directly available via the Canlı Radyo Player Platforms contains infringing copies of your work, please notify Canlı Radyo Player. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3) (“DMCA“), a notice of alleged copyright infringement should be sent to Canlı Radyo Player’s designated copyright agent at the following address (“Canlı Radyo Player’s Agent“):

DMCA Agent

Canlı Radyo Player

1080 Peachtree Street, Unit 2210

Atlanta, Georgia 30309

E-Mail: DMCA@FITRadio.com

DMCA Notification: A notification of claimed copyright infringement (“DMCA Notification“) must be addressed to Canlı Radyo Player’s Agent and must include the following:

• A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
• Specific identification of each copyrighted work claimed to have been infringed;
• A description of where the material believed to be infringed is located on the Canlı Radyo Player Platforms (please be as detailed as possible and provide a URL if possible to help Canlı Radyo Player locate the material you are reporting);
• Contact information for the complaining party, including your complete name, address, telephone number, and email address;
• A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Counter Notification: The user who uploaded the material that is the subject of a DMCA Notification may file a counter notification. Counter-notifications should be sent to Canlı Radyo Player’s Agent and must include the following:

• A physical or electronic signature of the subscriber;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

Once Canlı Radyo Player receives a counter notification, Canlı Radyo Player will forward it to the party who submitted the original claim of infringement. Please understand that your personal information will be included. You consent to having your information forwarded in this way by submitting a counter notification. After Canlı Radyo Player send the counter notification, the original claimant must notify Canlı Radyo Player within 10 days that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Canlı Radyo Player Platforms. If Canlı Radyo Player receives such notification Canlı Radyo Player will be unable to restore the material. If Canlı Radyo Player does not receive such notification, Canlı Radyo Player may reinstate the material in its sole discretion.

Disclaimer of Warranties

YOUR USE OF, OR INABILITY TO USE, THE CANLı RADYO PLAYER PLATFORMS IS AT YOUR SOLE RISK. THE CANLı RADYO PLAYER PLATFORMS ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS.

CANLı RADYO PLAYER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE CANLı RADYO PLAYER PLATFORMS AND YOUR USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITATION CANLı RADYO PLAYER MAKES NO REPRESENTATION OR WARRANTIES WITH RESPECT TO AND ASSUMES NO LIBILITY FOR (1) ERROR, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CANLı RADYO PLAYER PLATFORMS; (3) ANY UNAUTHORIZED ACCESS TO ITS USE OF ITS SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANICAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CANLı RADYO PLAYER PLATFORMS; (5) ANY BUGS, VIRUSES, TORGAN HORSES, OR THE LIKE WITH MAY BE TRANSMITTED TO ITS THROUGH THE CANLı RADYO PLAYER PLATFORMS BY ANY THIRD PARTY; (6) ANY ERROR OR OMISSION IN ANY CONTENT OR FORAN LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVALIABLE VIA THE CANLı RADYO PLAYER PLATFORMS.

CANLı RADYO PLAYER IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY OF THE THIRD PARTY MATERIAL, INCLUDING USER SUBMISSIONS AND ADVERTISING, FOR ANY REASON WHATSOEVER. YOU AGREE THAT CANLı RADYO PLAYER WILL NOT BE LIABLE FOR YOUR RELIANCE ON, ACCESS TO, USE OF, OR DOWNLOADING OF MATERIAL AVAILABLE FROM, BY, OR THROUGH A THIRD PARTY.

Limitation of Liability

IN NO CASE SHALL CANLı RADYO PLAYER, ITS PARENT ENTITY, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, CONTRACTORS, LICENSEES, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL; DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CANLı RADYO PLAYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OR THE INABILITY TO USE THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT; ANY ERRORS OR OMISSIONS IN ANY CONTENT; STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR ANY OTHER MATTER RELATING TO THE SERVICE, CANLı RADYO PLAYER, AND CONTENT.

CANLı RADYO PLAYER SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE CANLı RADYO PLAYER PLATFORMS, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CANLı RADYO PLAYER HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

IN NO EVENT WILL THE AGGREGATE OF EACH OF CANLı RADYO PLAYER, ITS PARENT ENTITY, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSEES, AND LICENSORS’ LIABILITY FOR ANY AND ALL OF YOUR CLAIMS, OR ANY THIRD PARTY CLAIMS, AGAINST CANLı RADYO PLAYER, ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OR NONPERFORMANCE PURSUANT TO THESE TERMS OF USE OR BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF CANLı RADYO PLAYER, OR YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE SERVICE, EXCEED THE PRICE PAID BY YOU TO CANLı RADYO PLAYER FOR THE MOST RECENT SIX MONTHS OF SERVICE IMMEDIATELY PRIOR TO THE SPECIFIC EVENT WHICH GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE A FUNDAMENTAL ELEMENT OF THESE TERMS.

Indemnity and Waiver

You agree to indemnify and hold Canlı Radyo Player, its parent entity, subsidiaries, affiliates, directors, officers, employees, agents, contractors, licensees, and licensors harmless with respect to any claims, costs, demands, liabilities, judgments, settlements, and expenses (including attorneys’ fees) arising out of your breach of these Terms of Use, your use of the Canlı Radyo Player platforms, your violation of any third party right, including without limitation any copyright, property, or privacy right, any claim that your User Submissions caused damage to a third party, or any action taken by Canlı Radyo Player as part of its investigation of a suspected violation of these terms of use or as a result of its finding or decision that a violation of these terms of use has occurred. This means that you cannot sue or recover any damages from Canlı Radyo Player, its parent entity, directors, officers, employees, affiliates, subsidiaries, agents, contractors, licensees, and licensors as a result of its decision or indecision to remove any information or content, to warn you, to suspend or terminate your access to the service, to take any action, or the failure to take any action, including but not limited to during the investigation of a suspected violation or as a result of Canlı Radyo Player’s conclusion that a violation of these terms of use has occurred.

Miscellaneous

Sole Remedy: Your sole remedy as a result of any breach or alleged breach of the Terms of Use is limited to your ability to cancel any agreement you entered into with Canlı Radyo Player. By entering these Terms of Use, you waive any and all claims you may have against Canlı Radyo Player, its officers, directors, employees, contracts, agents, suppliers, and programmers, which currently exist or accrue anytime hereafter.

Dispute Resolution: You agree to provide Canlı Radyo Player with written notice of any dispute, claim, or controversy, of any sort or nature, arising out of the use of Canlı Radyo Player or the Canlı Radyo Player Platforms, within 30 days after any such claim, dispute, or controversy arises. You must provide written notice via certified mail, return receipt requested, to:

Canlı Radyo Player

1080 Peachtree Street, Unit 2210

Atlanta, Georgia 30309

Any failure to strictly follow the procedures delineated in this section shall constitute an unconditional waiver of any dispute, claims, or controversy that may exist or you may have against Canlı Radyo Player, its affiliates, subsidiaries, parent entity, licensors, licensees, officers, directors, employees, contracts, agents, suppliers, and programmers. You agree to pay Canlı Radyo Player’s reasonable attorneys’ fees for defending a lawsuit in which the dispute resolution procedure, as defined in this paragraph, has not been strictly followed.

Disputes With Other Users: If there is a dispute between persons who are users of Canlı Radyo Player Platforms, or between a Canlı Radyo Player Platform user and any third party, you understand and agree that Canlı Radyo Player are under no obligation to become involved in any respect. In the event that you have a dispute with one or more other Canlı Radyo Player Platform users, you release Canlı Radyo Player and, its officers, employees, agents, representatives and successors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Canlı Radyo Player Platforms.

Arbitration: Any and all questions, differences, controversies, claims, or disputes arising out of or in connection with the Canlı Radyo Player Platforms or these Terms of Use shall be finally settled in accordance with the rules then enforced of the CPR Institute Rules for Non-Administered Arbitration of Business Disputes (the “CPR Rules”) by three (3) independent and impartial arbitrators. Any judgment upon any award rendered by the arbitrators may be entered in any state or federal court located in Fulton County, Georgia. The party desiring arbitration shall so notify the other party, in writing, in accordance with the aforesaid rules and such notice shall be accompanied by the name of the arbitrator selected by the party serving such notice. A second arbitrator shall be chosen by the other party, and the third arbitrator, who shall serve as the chair of the arbitration panel, shall be appointed in accordance with the CPR Rules. If a party fails to select an arbitrator and to advise the other party of its selection, in writing, within seven (7) days after receipt by such party of the written notice of intent to arbitrate, the second arbitrator will be selected in accordance with the CPR Rules. All arbitration proceedings and hearings shall be held in Atlanta, Georgia in the United States. Arbitration is the sole exclusive remedy of the parties of any controversy hereunder, and this arbitration clause shall be construed in accordance with the laws of the State of Georgia in the United States., without reference to choice of law principles, and shall be deemed to be a mandatory submission to arbitration under the provisions of said laws. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonably attorney’s fees.

Controlling Law: The Canlı Radyo Player Platforms are operated by Canlı Radyo Player from its offices in Atlanta, Georgia in the United States. The validity, construction, and performance of these Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia, without reference to choice of law principles. Access to the Canlı Radyo Player Platforms from territories where access to or use thereof illegal is strictly prohibited. Canlı Radyo Player makes no representation that the Canlı Radyo Player Platforms are appropriate or available outside of the United States. Those who access or use the Canlı Radyo Player Platforms from other jurisdictions do so at their own volition and are responsible for compliance with local law. You expressly agree that exclusive jurisdiction for any claim or dispute with Canlı Radyo Player, the Terms of Use, or relating in any way to your use of the Canlı Radyo Player Platforms resides in the federal and state courts located in Fulton County, Georgia. You agree to and consent to jurisdiction and venue in the Superior Court of Fulton County. You agree to waive any defense pertaining to jurisdiction and venue. In the event any provision hereof shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of these Terms of Use shall remain in full force and effect.

General: These Terms of Use constitute the entire agreement between you and Canlı Radyo Player with respect to your use of the Canlı Radyo Player Platforms, and replaces and supersedes all other agreements or understandings between you and Canlı Radyo Player. Failure by Canlı Radyo Player to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Canlı Radyo Player without restriction. If any provision of these Terms of Use, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms of Use shall nevertheless remain in full force and effect.

Dated: December 14, 2011