Terms of use
Terms of Use
By becoming a member, submitting material or engaging in any business partnership with K-ICHI ENTERTAINMENT L.L.C., any and all parties are subject to the following agreement.
*Acceptable Use
This agreement is between K-ICHI ENTERTAINMENT L.L.C., also referred to as provider, and subscribers to our promotion services, herein referred to as user. This agreement is effective for any period during which the client is a subscriber of any service offered by provider. BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the TransmissionFM.com domain name, the "TransmissionFM Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF TRANSMISSIONFM'S PRIVACY NOTICE. If you do not agree to any of these terms, then please do not use the TransmissionFM Website.
1. Content: User agrees to take sole responsibility for all content, including audio streaming, playlist entries, webpages, and any other service utilized from the provider. Provider is not liable for any action taken against a user as a result of their stream content or web content.
2. Content Restrictions: Provider will not actively monitor the content of user's broadcasts or website. User will not, however, use server resources for any illegal activity, including the sharing of copyrighted artistic works, software "cracks" and "serials", warez or pornography. User will not run any application designed to specifially bog down and/or "attack" the server, any other server or network interface via the provider.
3. Licenses: User is solely responsible for any applicable license fees for their location. Provider does not award free licensing to clients/copyright or asset holders.
4. Liability: Provider will not be held liable for any injury, infringement of copyright/intelluctual property, loss of data, or other mishap caused by the use of provider's services by user or provider. Provider is hereby waived of any legal obligation pertaining to the use of our service.
5. Limitation of Liability
IN NO EVENT SHALL PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TRANSMISSIONFM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PROVIDER SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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.
The Website is controlled and offered by K-ICHI ENTERTAINMENT from its facilities in the United States of America. K-ICHI ENTERTAINMENT makes no representations that the TransmissionFM Website is appropriate or available for use in other locations. Those who access or use the TransmissionFM Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE TRANSMISSIONFM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, K-ICHI ENTERTAINMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. K-ICHI ENTERTAINMENT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TRANSMISSIONFM WEBSITE. K-ICHI ENTERTAINMENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRANSMISSIONFM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND K-ICHI ENTERTAINMENT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the TransmissionFM Website is not intended for children under 13. If you are under 13 years of age, then please do not use the TransmissionFM Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
8. Indemnity
You agree to defend, indemnify and hold harmless TransmissionFM, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the TransmissionFM Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the TransmissionFM Website.
9. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TransmissionFM without restriction.
10. General
You agree that: (i) the TransmissionFM Website shall be deemed solely based in Florida; and (ii) the TransmissionFM Website shall be deemed a passive website that does not give rise to personal jurisdiction over K-ICHI ENTERTAINMENT, either specific or general, in jurisdictions other than Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and K-ICHI ENTERTAINMENT that arises in whole or in part from the TransmissionFM Website shall be decided exclusively by a court of competent jurisdiction located in Miami-Dade County, Florida. These Terms of Service, together with the Privacy Notice and any other legal notices published by TransmissionFM on the Website, shall constitute the entire agreement between you and K-ICHI ENTERTAINMENT concerning the TransmissionFM Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and K-ICHI ENTERTAINMENT's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. TransmissionFM reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the TransmissionFM Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND K-ICHI ENTERTAINMENT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TRANSMISSIONFM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
