Terms of Service

cinch.fm User Agreement and Terms of Use

This is an Agreement between ,BlogTalkRadio, Inc. d/b/a cinch.fm and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually, "BTR") and you, your representatives, assigns and licensees (hereinafter collectively referred to as "You"), to provide You access to the Cinchcast.com web service and website (collectively, the “Site”) subject to the terms and conditions of this Agreement, and pursuant to which You request and agree to, among other things, use the services available on the Site.   When we refer to “You”, we mean not only you personally as the user of the Site, but also all other persons who have access to your premises, facilities or equipment and who are users of the Site.   You agree to read this Agreement carefully before using any of the services affiliated with the Site, and by using the Site and the affiliated Services (as defined herein) ), You acknowledge and agree that You have read and shall abide by the terms and conditions set forth in this Agreement (and any amendments thereto).BTR  When we use the term “Service” or “Services,” we mean including, without limitation, the provision of user-generated audio transmissions, message boards, chat services and all other services available on the Site.


You represent and warrant that all information You submit is truthful and accurate and that You agree to maintain the accuracy of such information. You also represent that You are of legal age to enter into this Agreement and to become bound by its terms and that your use of the Site shall not violate any applicable law or regulation. Your profile may be deleted without warning if it is found that you are misrepresenting your age, or if you are otherwise not in compliance with this Agreement.

Your access to the Site is solely for your personal use, and You shall not authorize others to use your Cinch account, including your Member Account or email address. You are solely responsible for all audio and visual content published or displayed in connection with your Cinch account, any Cinches (as defined in this Agreement) created or hosted by You, any Member Account (as defined in this Agreement) created or hosted by You, including any email messages, and for your interactions with other users of the Site. You agree to notify BTR immediately of any breach of security or unauthorized use of your account. BTR will not be liable for your losses caused by any unauthorized use of your account, however, You may be liable for the losses of BTR or others due to such unauthorized use.

 

1. Registration and Compliance

In order to (i) create  content (hereinafter referred to as a "Cinch" or "Cinches") for transmission via the Site, (ii) utilize the messaging systems available on the Site, or (iii) utilize any of the other Services available on or in connection with the Site, You must first register with cinch.fm and provide all information requested. You acknowledge and agree that your use of the Services as permitted is solely for personal, noncommercial purposes (other than commercial use as may be expressly permitted by BTR in a prior written agreement ), that You will not copy or distribute any part of the Services in any medium unless such copying or distribution is facilitated by BTR or effectuated via use of BTR's mechanisms, and that You will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose and in accordance with this Agreement.

 

2. Charges and Payments

As of the date hereof,  BTR will not charge You or attempt to collect any fees for your non-commercial use of the basic Services affiliated with the Site.  You are responsible for paying any applicable taxes and for all hardware, software, service and other costs you may incur in connection with the Services, including costs incurred in connecting to the Site via the internet or connecting to a Cinch via the telephone.  BTR reserves the right, however, to change this policy at any time and to charge fees on a term basis for access to the Site and for your use of its basic Services. BTR will notify You of any policy changes regarding fees, and the amounts to be charged for access to the Site and use of its basic Services, by posting such information on the Site. In addition, all terms and conditions regarding charges and payments (as set forth in Paragraph 8 herein) shall apply.

 

3. Transmission of Cinches

At this time, BTR permits its users to set up member accounts ("Member Accounts") and create Cinches for transmission via cinch.fm’s proprietary broadcasting technology. From time to time, BTR may introduce other methods by which You may create Cinches for transmission via the Site. You agree to comply with all of BTR's terms of use, policies and rules, whether set forth in this Agreement, posted on the Site or provided to You individually. Such terms of use, policies and rules are subject to change from time to time at BTR's sole discretion. You further agree to comply with the following additional rules and regulations, with respect to all Cinches created by you for transmission via the Site, including those transmitted in the form of BTR broadcasting tools and any other methods currently used or introduced by BTR in the future:

1. Any Cinch relayed by You to BTR and/or the Site from a web site or other source owned and operated not by You but by a third party, as well as any other programming or other materials obtained by You from a source owned and operated not by You but by a third party ("Derived Programs") must be authorized by the owner(s) or licensees of the original programs from which such Cinches are derived. In the event You choose to create Derived Programs for transmission via the Site, You represent and warrant that You have obtained all authorization necessary to allow such Derived Programs to be transmitted to the public via the Site, including any necessary licenses required under the Digital Millennium Copyright Act (the "DMCA"), United States Copyright Law, and any other applicable copyright laws.
2. Software for use of the Site and transmitting Cinches will be made available to You upon your acceptance of the terms and provisions of this Agreement and upon logging onto the Site. Your use of such software shall be subject to the terms and conditions of this Agreement.
3. With respect to your archiving of Cinches on the Site, BTR shall provide You with storage space on BTR's servers at its sole discretion. Depending on the then-existing storage policies of BTR, which will be specified on the Site, such storage space may be made available with or without the imposition of fees. You agree not to exceed whatever storage space, if any, that may be allotted to you by BTR, which storage space may be modified by BTR at any time in its sole discretion, subject only to other express terms posted on the Site or specified elsewhere in this Agreement.
4. You agree not to post, upload, transmit to, or cause to be broadcasted via the Site or to BTR's servers, through data upload or broadcasting of audio content, any sound recordings, communications, text, graphics or other information (collectively, "Material") that:

• is obscene, indecent, offensive, libelous, pornographic, hateful, racially or ethnically offensive, defamatory, unreasonably violent, threatening, intimidating or harassing;
• contains falsehoods or misrepresentations that could damage BTR 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 BTR 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 BTR's network.

5. BTR, 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 Cinches, or any other material posted by you on the Site.
6. The content on the Site, except material submitted by you and by third party users of the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "BTR Material"), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BTR, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Material submitted by third party users of the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “Third Party Materials”), and the Marks contained, are owned by or licensed to such third party users, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  As used herein, BTR Material and Third Party Materials are collectively referred to as the "Content."  Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Without limiting the generality of the foregoing, You are not permitted to use the Marks in connection with "spam" email messages or newsgroup postings. For the purposes of this Agreement, “spam" has the meaning generally understood among Internet users, and includes without limitation "unsolicited electronic mail advertisements". BTR and each of the respective owners of the Third Party Materials reserve all rights not expressly granted in and to the Site and the BTR Content.  

• You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Third Party Content for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or its content.
  
  In addition to the foregoing, You shall comply with all laws and regulations applicable to your use of the Services, the Site, the Material and the Content. BTR may take any action with respect to the Material and/or the Content if BTR believes, in its sole discretion, that the Material and/or posting of the Content may create liability for itself or any third parties or may cause BTR to lose (in whole or in part) the services of its ISPs, vendors or advertisers.

8. Your use of the Site may not impose an unreasonable or disproportionately large load (as determined by BTR in light of the load imposed by other users generally) on BTR's infrastructure. You may not use any "bot" or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from BTR or any of its business partners. You may not attempt to gain unauthorized access to the BTR infrastructure or to interfere or disrupt the service. Unless BTR grants You prior written permission to do so, You may not use the service for any commercial purpose. You further agree not to solicit any users of the Site for commercial purposes.
9. BTR reserves the right to protect its business and thus users of the Site who attempt to bypass the cinch.fm links will have all of their content (audio, video, flash, images, etc.) removed from the Site at BTR's sole discretion. Users who violate this regulation may also be blocked from recording, uploading or playing any further content across BTR's network of sites. BTR reserves the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system.
10. You will be exclusively responsible for the entire content of each Cinch 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.
11. BTR allows users to receive information via SMS. BTR uses 4INFO to transmit SMS messages. BlogTalkRadio and 4INFO do not charge for this service, but msg&data rates may apply from your carrier. Check your text messaging plan with your carrier. To stop receiving text messages at anytime, text STOP to 80676. For help, text HELP to 80676 or email support@blogtalkradio.com Account holder agrees charges will appear on cell bill or deducted from prepaid balance. These SMS Terms and Conditions are separate from and in addition to the Blog Talk Radio Terms of Use.

• You may not use the service for any commercial purpose, post advertisements unless granted permission by BTR. You further agree not to solicit any users of the website for commercial purposes. You agree not to collect or harvest any personally identifiable information, including account names, from the Site.

 

4.  Links to Third-Party Sites

Any third-party websites to which the Site may link are not under BTR's control, and BTR 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, BTR 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 BTR from any and all liability arising from your use of any third-party website.

 

5. Privacy and Communications to the Site

Any communication, information or other material You transmit or post to the Site, by electronic mail or otherwise (other than personally identifiable information about You), including any answers to questions, comments, suggestions, or other data supplied by You is, and will be treated as, non-confidential and non-proprietary. You hereby grant to BTR a non-exclusive, worldwide, perpetual fully paid-up license to use any such communication, information or material for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, distribution, advertising, marketing, promotion, research, broadcast, display, modification, syndication, licensing and posting. BTR's use of personally identifiable information, as well as BTR's use of cookies and other tracking methods, is governed by the terms of BTR's Privacy Policy. By accepting this Agreement, You expressly consent to disclosures of such personally identifiable and other personal information to third parties, and to BTR's use of your information, as enumerated in BTR's then-current Privacy Policy, which is incorporated herein by reference. Because BTR's Privacy Policy may change from time to time, You should also review it regularly for updates.

 

6. License

With respect to your Cinches, you grant BTR a royalty-free, non-exclusive, perpetual right and license throughout the world to transmit, perform publicly, display publicly, perform digitally, distribute and syndicate your Cinches in whole or in part, for any and all purposes, to the extent permitted by law, and the right to grant to third parties the right to do any or all of the foregoing. Without limiting the foregoing provisions of this paragraph 7, BTR shall have a royalty-free, non-exclusive, perpetual right and license throughout the world to transmit and permit its end users, and other internet web site operators and their end users, to access your Cinches via the Site and any other web sites. BTR shall not be liable for any unauthorized uses of your Cinches by end users or any other third parties.

 

7. Advertising.

General Terms and Conditions. You acknowledge and agree that BTR may: (i) serve banner advertisements, audio advertisements and other forms of advertisements and promotions in connection with your Cinches or Member Account; (ii) derive sponsorship revenue, commissions, syndication fees, and other forms of revenue based on or in connection with your Cinches and/or Member Account; (iii) include your user name and descriptions of your Cinches and/or Member Account in a directory on the Site and in promotions associated with the Site; and (iv) in cases where your Cinches are performed via an audio player that has the ability to display visual material, display cinch.fm visual material simultaneously with the delivery of your Cinches to the extent permitted by law. You agree not to block, delete or otherwise interfere with BTR's ability to display advertising or sponsored content on, or related to, the Site and/or your Cinches. You agree that BTR has the right to place and conduct all advertisements, sponsorships and promotions in connection with your Cinches and/or Member Account, and to collect all forms of commissions and other revenue associated therewith, without compensation to you of any kind,. The timing, frequency, placement and extent of advertising, sponsorships and promotions by BTR in connection with your Cinches and/or Member Account is subject to change and shall be determined by BTR in its sole discretion. You acknowledge and agree that unless BTR agrees otherwise in a prior written agreement, You may not incorporate any advertising, or conduct any other paid sponsorship or promotional activities of any kind or nature, in or in connection with your Cinches and/or Member Account.

Advertisement Insertion. BTR may display hyper-linked advertisements ("Ads") on in connection with the transmission of your Cinches, Member Account and audio player, and/or may play audio advertisements before, during or after your Cinch, and/or may insert advertisements before, during or after your archived audio. You acknowledge and agree that BTR may embed or serve with any audio content: (i) advertisement insertion software provided either by BTR (the "BTR Ad Insertion Software") or a third party; and (ii) third party and/or BTR-provided hyper-linked Ads. BTR uses the tag information and the BTR Ad Insertion Software to track and measure Ad Clicks and Ad Impressions.

1. Implementation and Operation of Ads. All Ads served in connection with your Cinches, Member Account or audio content shall be displayed to listeners of your Cinches on the Site in standard formats as offered generally by BTR from time to time.
2. Ownership.  You expressly acknowledge and agree that BTR or its licensees shall own all right, title and interest in and to the BTR Ad Insertion Software and all related technology, services, algorithms, search engines and search indices, including, without limitation, all intellectual property rights therein, and that you will not acquire any right, title or interest in or to the BTR Ad Insertion Software, except as expressly set forth in this Agreement. You will not create or attempt to create a substitute or similar service or product through use of or access to the BTR Ad Insertion Software or confidential information related thereto.
3. Communications Solely With BTR. You will direct any communications relating to any third-party advertisements exclusively to BTR and not to the advertisers. No other communications from advertisers or other third parties will be binding on BTR or will otherwise affect this Agreement.

8. Representations and Warranties
In addition to any other representations and warranties contained herein, You represent and warrant that:

1. You have full right and power to enter into and perform this Agreement, and have secured all third-party consents necessary to enter into this Agreement;
2. All factual assertions that You have made and will make to BTR are true and complete;
3. You are of the age of majority and have the full and complete right to agree to the terms contained in this Agreement;
4. Neither your Cinches nor any parts thereof defame any third parties, constitute impermissible hate speech or otherwise violate any rights of free speech of any third parties;
5. Neither your Cinches nor any parts thereof infringe upon the copyright or any other statutory or common-law intellectual property rights (including, without limitation, trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party;
6. You own or have the necessary licenses, rights, consents, and permissions to use and to authorize BTR to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Cinches and the content thereof to enable inclusion and use of the same in the manner contemplated by the Site and this Agreement; 
7. You have the written consent, release, and/or permission of each and every identifiable individual person included in the content of your Cinches to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the same in the manner contemplated by the Site and this Agreement; 
8. With respect to each musical recording uploaded by you to BTR and the Site, either you own or control all rights in any such sound recording;
9. You understand that when using the Site, you will be exposed to Cinches and other content from a variety of sources, and that BTR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Cinches and the content thereof. You further understand and acknowledge that you may be exposed to Cinches 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 BTR with respect thereto, and agree to indemnify and hold BTR, 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.

9. Termination

BTR reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Without limiting the preceding sentence, BTR may terminate your access to the Site immediately and without notice if: (a) you breach this Agreement; (b) you infringe the intellectual property rights of any third party in connection with your use of the Site; (c) BTR is unable to verify or authenticate any information you provide to it; (d) any material uploaded or transmitted by you to or via the Site violates any applicable laws; or (e) you use any Services available on the Site for any improper purpose.

 

10. Refund and Cancellation Policy

In the event that BTR modifies its existing fee policies, and fees for the Services are charged to You by BTR on a monthly or other term basis, there will be no refunds for current, paid service after three (3) days of which service has been rendered in any given term. If You would like to cancel your service at the end of any given paid term, You must provide at least thirty (30) days prior written notice to BTR or your service will automatically extend and you will be billed for an additional term of the same length as your previous term. Written notice of cancellation must be mailed to BTR, Inc. 1072 Madison Ave, Lakewood, NJ 08701 or emailed to billing@cinch.fm. No refunds will be paid on current paid service, prepaid services, setup fees, upgrade fees, rush charges or change fees. You may request a refund in writing at the above address or by email to billing@BTR.com within three (3) days of purchase of any BTR services. BTR may choose, but is not obligated, to issue a refund on a case by case basis. BTR may choose, but is not obligated, to offer prorated credits toward new service upon change or upgrade to existing pre-paid services.

 

11. Further Actions Necessary

You agree to sign such other and further documentation as may be required by BTR in its sole discretion to effectuate the grant of rights and releases contemplated herein. You further agree, promptly upon the request of BTR, to produce any and all documents and other evidence related to your rights to create your Cinches for transmission via the Site.

 

12. Adequacy of Consideration

You understand and agree that the consideration specifically recited in this Agreement is the complete and total consideration due to You from BTR, and You shall not look to BTR for any compensation or further consideration of any kind.

 

13. Assignment.

This Agreement may be assigned by BTR. BTR may, without your consent, assign this Agreement to (i) a parent, subsidiary, affiliate, division or corporation controlling, controlled by or under common control with BTR; (ii) a successor corporation related to BTR by merger consolidation, bankruptcy reorganization or government action; or (iii) a purchaser of substantially all of BTR's assets. In the event that such assignment occurs, BTR, its successors, or assigns may terminate this Agreement by giving immediate written notice to You. Notwithstanding such termination, the indemnities, warranties and representations set forth herein shall remain in full force and effect.

 

14. Choice of Law; Venue; Dispute Resolution

The interpretation and enforcement of this Agreement shall be governed by the laws of the State of New York, without regard to its conflicts of laws principles. You and BTR agree that any and all disputes arising out of or related to this Agreement shall be resolved solely through binding arbitration pursuant to the provisions of this paragraph 12 and the then-current rules of the American Arbitration Association (to the extent not inconsistent with this paragraph 12). Any arbitration arising out of or related to this Agreement shall be held in the Borough of Manhattan in the City and State of New York, before one independent arbitrator agreed upon by both parties. Any arbitration will be final and binding, and the arbitrator's order will be entered and enforceable in any court of competent jurisdiction. The arbitrator will be chosen within thirty (30) days of the date that any issue is submitted to arbitration (the "Submission Date"), discovery (if any) will be completed within sixty (60) days after the Submission Date, the arbitration hearing will occur within ninety (90) days after the Submission Date, and the arbitrator must render his or her decision, in writing, within thirty (30) days after the conclusion of the arbitration hearing.

 

15. Remedy

Your sole remedy for any breach of this Agreement by BTR shall be the commencement of an arbitration proceeding for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of BTR, or any breach of this Agreement by BTR. 

 

16. Entire Agreement

This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof, that are not merged herein, expressly referenced herein, or superseded hereby.

 

17.  Changes to the Services and the Site

BTR 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. BTR will attempt to provide reasonable notice of such changes to the Services or the Site. BTR may also impose limits on features or restrict access to parts of the Site.

 

18.  Modifications to this Agreement

BTR may amend the terms of use, policies and other provisions of this Agreement at any time by posting a notice of such amendments to the Site. The amended Agreement shall be effective immediately upon posting to the Site. BTR therefore encourages you to review the Site and all notices posted thereon, as well as all amendments to this User Agreement, on a frequent basis. 

 

19.  Independent Contractor

Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between You and BTR.

 

20. Severability

The provisions of this Agreement are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of the parties as reflected in the original provision.

 

21. No Waiver

Any delay or failure on the part of BTR to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.

 

22. Indemnification

You indemnify and hold harmless BTR, and the officers, directors, employees, partners, principals, agents and representatives of BTR, 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 BTR; (b) any breach by You of any covenant, representation or warranty made by you in this Agreement; (c) any claims that your Cinches 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 Cinch created  by You or under your authority, including the content that You generate as well as any content contributed in any manner by any other party . This defense and indemnification obligation will survive any termination of this Agreement and your use of the Site.

 

23. Unlawful Conduct

Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to BTR's Designated Agent at abuse@cinch.fm.

In particular, if You are a copyright owner or an agent thereof and believe that any Cinch or the content thereof infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing BTR’s Designated Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i)        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)        Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii)        Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv)        Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v)        A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)        A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

24. Survival

All provisions which must survive in order to give effect to their meaning shall survive any expiration or earlier termination of this Agreement, including, without limitation all of your representations, warranties and indemnification obligations.

 

25. Disclaimer of Warranties; 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. BTR MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. BTR MAKES NO WARRANTY, REPRESENTATION OR GUARANTY 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 BTR SHALL NOT BE LIABLE FOR 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 25, BTR 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:

1. BTR's actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering any content on the Site or the Services;
2. any errors, omissions, or inaccuracies in the content on the Site regardless of how caused, or delays or interruptions in delivery of the content on the Site;
3. any decision made or action taken or not taken in reliance upon the content delivered or transmitted on  the Site, whether such content is posted;
4. your use of, or reliance on the content delivered or transmitted on the Site, , or from the use by You of the Internet generally;
5. your use of, or the inability to use, the Services or the Site, even if BTR has been advised of the possibility of such damages;
6. any unauthorized access to or use of BTR's servers and/or any and all personal information and/or financial information stored therein; and
7. any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party;

Notwithstanding any provision of this Agreement to the contrary, BTR's total liability to you is limited to credit for services rendered.

 

© 2009 BlogTalkRadio, Inc All rights reserved. BlogTalkRadio.com and the BlogTalkRadio.com logo, cinch.fm and the cinch.fm logo are trademarks of BlogTalkRadio, Inc. All other trademarks, product names, and company names or logos cited herein remain the property of their respective owners.


BlogTalkRadio Inc. Online Privacy and Security Statement

BlogTalkRadio is committed to protecting the privacy of individuals that interact with our websites. This policy discloses the Company’s practices governing the gathering and use of information submitted to the Company through sites on the World Wide Web owned and operated by BlogTalkRadio, Inc. Any person accessing, browsing, or otherwise using a Company Site, either manually or via an automated device or program, to the extent permitted hereunder, shall be considered a “User” under this privacy policy. All Users are bound by the terms of this privacy policy. This privacy policy does not apply to the practices of unrelated third-party service providers or companies accessed through links provided for your convenience from this site.

 

1. General

BlogTalkRadio 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 BlogTalkRadio™ 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 BlogTalkRadio™ Web sites, respond to our Web-based advertisements or send us email.

 

2. Security

BlogTalkRadio has implemented some of the most technologically advanced security features to protect your Personal Customer Information. Our technology assists in protecting your data from loss, misuse, unauthorized access, disclosure and alteration. BlogTalkRadio™ will continue to enhance this security as new technology becomes available.

 

3. Personally-Identifiable Information

BlogTalkRadio 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, and e-mail address.

The following are some examples of when BlogTalkRadio may require that you provide personally identifiable information:

To complete an online order for a product or service (if you do not wish to complete an online order form, we will always provide an option for you to complete an order by calling a toll free phone number)
To enter an online contest or sweepstakes (if you do not wish to complete an online contest or sweepstakes form, we will always provide an option for you to enter by mailing a 3 x 5 card to a specific address)
To request more information about new or current BlogTalkRadio 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.
BlogTalkRadio will not sell 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 may share information with business partners. We are committed to giving you the choice of whether or not we use your information for marketing purposes or share information with business partners.

 

4. Children

BlogTalkRadio has no intention of collecting any personally-identifiable information from individuals under 18 years of age. Where appropriate, BlogTalkRadio 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.

 

5. 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, unless we tell you we are going to do so at the time we collect the information. We may share non-personally-identifiable information with our business partners.

 

6. Use of Cookies

When you view one of our Web sites or advertisements, we may store some information on your computer. This information will be in the form of a "Cookie" or similar file and will be used to determine ways to improve our Web sites, advertisements, products or services. For example, Cookies allow us to tailor a Web site to better match your interests and preferences. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. Please refer to your Browser instructions or help screen to learn more about these functions.

 

7. Declining E-mail Offers

As outlined in Section 3 of this Statement, 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 privacy@cinch.fm. All e-mail offers that you receive from BlogTalkRadio will inform you of how to decline receiving further email offers.

 

8. Who to Contact

If you have submitted personally-identifiable information through a BlogTalkRadio™ Web site or interactive advertisement, and would like that information deleted from our records, please contact us at our e-mail address privacy@cinch.fm. We will use reasonable efforts to delete this information from our existing files.

 

9. Revisions to this Policy

As the Company grows and new features are added, or legal requirements change, this Privacy Policy may be modified. Any changes to the Company privacy policy will be posted on all applicable Web sites. All information submitted through the Web sites is subject to the terms and conditions of this Privacy Policy, as amended from time to time. This Privacy Policy was last updated in September 2009