TERMS OF AGREEMENT
Welcome to Mawalking Radio. This Terms of Service and End User License Agreement (this “Agreement”) explains the terms and conditions that apply to your use of the Mawalking Radio Service (as defined below) and constitutes a legally binding agreement between you and Mawalking Radio, Inc., (“Mawalking Radio”, “we”, “us” or “our”).
By accepting this Agreement, using the Mawalking Radio Service, or Posting any of Your Content (as defined below) through the Mawalking Radio Service, you acknowledge that you have read, understood, and agree to be bound by this entire Agreement. This Agreement is a legal agreement between you and Mawalking Radio and the terms hereof apply to you whether you are a registered user, a visitor just browsing the Site (as defined below) or a user or visitor using the Applications (as defined below). If you do not agree with this Agreement in its entirety, or if applicable law prohibits your acceptance of this agreement, you must not accept this agreement and may not use the Mawalking Radio Service.
NOTE TO CHILDREN UNDER 13 YEARS OF AGE: THE MAWALKING RADIO SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13. If you are under 13 years of age, then you are not permitted to use the Service.
Your access to the Site is solely for your personal use, and you shall not authorize others to use your Mawalking Radio account, Mawalking Radio social media sites accounts or Mawalking Radio blog account. You are solely responsible for all audio and visual content published or displayed in connection with your Mawalking Radio Show and for your interactions with other users of the Site. You agree to notify Mawalking Radio immediately of any breach of security or unauthorized use of your account. Mawalking Radio will not be liable for your losses caused by any unauthorized use of your account, however, you may be liable for the losses of Mawalking Radio or others due to such unauthorized use.
As a radio show host on Mawalking Radio you agree to promote station, Mawalking Radio website and Mawalking Radio Station Mobile Apps on your show and via social media. We are a genus of hosts it is your responsibility, and beneficial to you, your show and all the hosts on the station, to direct listeners to your show and programming page on mawalkingradio.com to find your personal or business website, and you may promote your personal or business website directly through your show. You are encouraged to inform listeners of any upcoming or future events you might be involved in.
Mawalking Radio is an online pioneer in the Afro-Caribbean virtual studio radio industry and we pride ourselves on fresh shows with relevant or entertaining content every week. We prefer live shows. MWR is a professionally run radio station and we expect our hosts to be professionals and work with us in a professional manner. Therefore, we ask that our show hosts do not make their shows available to Podcast or Listen On Demand sites before they are aired on Mawalking Radio. Our policy is to be the first to broadcast your show before it is heard anywhere else. If you are a host on a terrestrial radio station you may broadcast your show simultaneously.
Mawalking Radio is not licensed to play copyrighted music in live or prerecorded shows. Show hosts who are broadcasting on Mawalking Radio are solely responsible to pay for royalties and permissions for any copyrighted material they may play during their broadcasts.
You agree not to post, upload, transmit to, or cause to be broadcasted via the Site or to Mawalking Radio‘s servers, through data upload or broadcasting of audio content, any sound recordings, communications, text, graphics or other information that: is obscene, indecent, offensive, libelous, pornographic, hateful, racially or ethnically offensive, defamatory, violent, threatening, intimidating or harassing;
- contains falsehoods or misrepresentations that could damage Mawalking Radio or any other person;
- contains any viruses, Trojan horses, worms, or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- advocates or encourages any illegal activity;
- infringes on the intellectual property or other legal rights of Mawalking Radio or others;
- violates the privacy of others, including other users of the Site, or impersonates another person;
- gives rise to any civil liability or violates any applicable law, regulation, treaty or tariff; or violates the acceptable use policies of any networks, machines, or services which are accessed through Mawalking Radio‘s network.
Mawalking Radio, in its sole discretion, shall determine your compliance with the foregoing prohibitions set forth in this subparagraph, and reserves the right to delete from the Site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason (including, without limitation, material which it deems to be objectionable to any of its other customers or advertisers) or to take any other action with respect to your Broadcast Programs, or any other material posted by you on the Site.
Links to Third-Party Sites
Any third-party websites to which the Site may link are not under Mawalking Radio‘s control, and Mawalking Radio does not assume any responsibility or liability for any information, content, communications or materials available on such third-party websites. Absent express language to the contrary, Mawalking Radio does not intend links contained on the Site to be referrals to, or endorsements of the linked third-party sites or the entities that operate them, and such links are provided for convenience only. By using the Site, you expressly relieve Mawalking Radio from any and all liability arising from your use of any third-party website.
DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES, INFORMATION, CONTENT, AUDIO TRANSMISSIONS OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITE (COLLECTIVELY, “INFORMATION”) ARE PROVIDED “AS IS”, AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAWALKING RADIO MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE, THE CONTENT OR THE INFORMATION OR THAT THE INFORMATION OR CONTENT MAY BE RELIED UPON FOR ANY REASON. MAWALKING RADIO MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE THAT USE OF THE SITE, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT MAWALKING RADIO SHALL NOT BE LIABLE FOR THIRD PARTY MATERIALS OR CONTENT SUBMITTED BY USERS OF THE SITE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION, MAWALKING RADIO
SHALL HAVE NO LIABILITY FOR ANY LOSSES OR INJURIES, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, OR FOR ANY LOST PROFITS OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING, IN WHOLE OR IN PART, FROM:
- Mawalking Radio‘s actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Site or the Services;
- any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
- any decision made or action taken or not taken in reliance upon the Information furnished in connection with the Site, whether such Information is posted, ;
- your use of, or reliance on the Information, or from the use by You of the Internet generally;
- your use of, or the inability to use, the Services or the Site, even if Mawalking Radio has been advised of the possibility of such damages;
- any unauthorized access to or use of Mawalking Radio‘s servers and/or any and all personal information and/or financial information stored therein; and
- any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party;
Privacy and Communications to the Site
Representations and Warranties
You represent and warrant that:
- all factual assertions that you have made and will make to Mawalking Radio are true and complete;
- You understand that when using the Site, you will be exposed to Broadcast Programs and other content from a variety of sources, and that Mawalking Radio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Broadcast Programs and the content thereof. You further understand and acknowledge that you may be exposed to Broadcast Programs and other content that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mawalking Radio with respect thereto, and agree to indemnify and hold Mawalking Radio, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Changes to the Services and the Site
Mawalking Radio reserves the right to change, suspend or discontinue any aspect of the services or the Site at any time, including the availability of any of the Site features, databases or content. Mawalking Radio will attempt to provide reasonable notice of such changes to the Services or the Site. Mawalking Radio may also impose limits on features or restrict access to parts of the Site.
You agree to indemnify and hold harmless Mawalking Radio, and the officers, directors, employees, partners, principals, agents and representatives of Mawalking Radio, from, against and in respect of any and all demands, claims, actions, causes of action, liabilities, losses and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) your participation in or use of the Site or any of the websites, facilities, software, transmission capabilities, or Services of Mawalking Radio; (b) any breach by You of any covenant, representation or warranty made by you in this Agreement; (c) any claims that your Broadcast Programs or other use of the Site violates the intellectual property rights of any third parties, defames any third parties, constitutes impermissible hate speech or otherwise violates any rights of free speech or any other rights of any third parties; and (d) any portion of the content of any Broadcast Program created or hosted by You or under your authority, including the content that You generate as well as any content contributed in any manner by any guest or caller on any Broadcast Program created or hosted by you or under your authority. This defense and indemnification obligation will survive any termination of this Agreement and your use of the Site.
Mawalking Radio Online Privacy and Security Statement
Mawalking Radio respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail. This Privacy and Security Statement outlines the information Mawalking Radio will collect and how we will use that information. This Statement will also instruct you on what to do if you do not want your personal information collected or shared when you visit Mawalking Radio‘s Web sites, respond to our Web-based advertisements or send us email.
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
3. Personally-Identifiable Information
Mawalking Radio will not collect any personally-identifiable information about you unless you provide it to us voluntarily. Personally-identifiable information includes your name, address, telephone number, credit card information and e-mail address.
The following are some examples of when Mawalking Radio may require that you provide personally identifiable information:
- To register for an account or complete an online order for a service.
- To enter an online contest or sweepstakes or survey.
- To request more information about new or current Mawalking Radio products or services.
If you do not want your personally identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the email address listed at the bottom of this Statement. We will use reasonable efforts to delete your information from our existing files.
When you do provide us with personally identifiable information, we may use that information in the following ways, unless stated otherwise:
- We may store and process that information to better understand all customer needs and how we can improve our products and services for all customers.
- We may use that information to contact you with new promotions and announcements if you have previously provided your permission and if the promotions and announcements are in your interest.
- We may contact you if we have questions about your account.
Mawalking Radio will not sell, share or rent personally identifiable information to third parties, unless we tell you we are going to do so at the time we collect your personally identifiable information. We are committed to giving you the choice of whether or not we use your information for marketing purposes.
Mawalking Radio has no intention of collecting any personally-identifiable information from individuals under 18 years of age. Where appropriate, Mawalking Radio will specifically instruct children not to submit such information on our Web sites or advertisements without consent of a parent or guardian. If a child has provided us with personally-identifiable information without the consent of a parent or guardian, then that child’s parent or guardian should contact us at the e-mail address listed at the bottom of this Statement if they would like this information deleted from our records. We will use reasonable efforts to delete the child’s information from our existing files.
Non-Personally Identifiable Information
In some cases, we may collect information about you that is not personally identifiable. Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using, and the domain name of the Web site and/or Internet Service Provider from which you linked to our site or advertisement.
Similar to personally-identifiable information, we will not sell non-personally-identifiable information to third parties other than our business partners, unless we tell you we are going to do so at the time we collect the information.
Declining E-mail Offers
We will only send email promotions or announcements to you if you have previously provided your permission for us to do so. Although many customers tell us they appreciate receiving notice of these carefully designed promotions and announcements, we recognize the importance of providing you with choices. At any time, you may remove your name from our e-mail list by contacting us at our e-mail address firstname.lastname@example.org. All e-mail offers that you receive from Mawalking Radio will inform you of how to decline receiving further email offers.
Surveys and Contests
From time-to-time we may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information such as email address, age and gender, and demographic information (such as zip code).
We use this information to notify contest winners and award prizes,
We may use a third party service provider to conduct these surveys or contests; that company will be prohibited from using our users’ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site. We will also share your personal information with any other third party with your prior consent to do so.
If Mawalking Radio is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
Revisions to this Policy
Third Party Advertising
We use third-party advertising companies to serve ads when you visit the Site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
The Site contains links to web sites of third parties. Mawalking Radio is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. (Publisher) adheres to industry-recognized standards to secure any personal information in our possession, and to secure it from unauthorized access and tampering. However, as is true with all online actions, it is possible that third parties may unlawfully intercept transmissions of personal information, or other users of the Site may misuse or abuse your personal information that they may collect from the Site.
Mawalking Radio uses third-party advertising companies to serve our ads on the Site. These third-party advertising companies employ or web beacons to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our website and other websites, but will not collect any information which can personally identify you or can be linked to you. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, and the IP address. This information can also be used for online preference marketing purposes.
If you want to prevent a third-party advertiser from collecting data, currently you may either visit each ad network’s web site individually and opt out or visit the NAI gateway opt-out site to opt-out of all network-advertising cookies. This site will also allow you to review the third-party advertising companies’ privacy policies.