The following terms and conditions govern all use of the IntoTheFrayRadio.com website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ITF’s Privacy Policy) and procedures that may be published from time to time on this Site by ITF (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website, purchasing product or interacting with ITF in any way. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ITF, acceptance is expressly limited to these terms. The Website and our service is available only to individuals who are at least 18 years old and accept this agreement. If a user is under 18 they must be accompanied by an adult or have the approval of an adult when interacting with ITF Radio. By accepting the terms of service you validate that you are 18 years or older.
Your IntoTheFrayRadio.com Account
If you create a account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must immediately notify IntoTheFrayRadio.com of any unauthorized uses of your account or any other breaches of security on your behalf. ITF will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you operate a account, comment on the site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making content deemed offensive available for viewing by the ITF Administration, the general public or other users of IntoTheFrayRadio.com, you represent and warrant that:
You have violated the terms of IntoTheFrayRadio.com and are responsible for damages to ITF and it’s owners and operators.
By submitting Content to ITF for inclusion on IntoTheFrayRadio.com, you grant ITF a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting our business and services of ITF , it’s website and it’s affiliates. If you delete Content, ITF will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, ITF has the right (though not the obligation) to, in ITF’s sole discretion (i) refuse or remove any content that, in ITF’s reasonable opinion, violates any ITF policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in ITF’s sole discretion. ITF will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
General Terms
Optional paid services such as subscriptions and other products are available on the Website (any such services, a “Plan” or “Subscription). By selecting a Plan you agree to pay ITF the bi-weekly, monthly, or quarterly subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a bi-weekly, monthly, or quarterly subscription period as indicated. Plan fees are not refundable.
Automatic Renewal
Unless you notify ITF before the end of the applicable subscription period that you want to cancel your plan, your subscription will automatically renew and you authorize us to collect the then-applicable bi-weekly, monthly, or quarterly subscription fee for such plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Plans can be canceled at any time in the account section when you are logged in.
Fees
Payment. By signing up at IntoTheFrayRadio.com you agree to pay ITF the specified monthly fees in exchange for our service. Applicable fees will be charged for features that require payment. ITF reserves the right to change the payment terms and fees upon thirty (30) days prior written within 30 days via your account on the site.
Permitted Use.
You may use IntoTheFrayRadio.com to view and participate in website content available on IntoTheFrayRadio.com. You may also use the IntoTheFrayRadio.com name or logos and other brand elements that ITF makes available in order to identify the source of the information only to advertise our services of the website via social, web, mobile or other platforms.
Restricted Use
You may not use the IntoTheFrayRadio.com to substantially replicate products or services offered by ITF, including the republication of IntoTheFrayRadio.com content or the creation of a separate publishing platform. If ITF believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the IntoTheFrayRadio.com may be temporarily or permanently revoked, with or without notice. Duplication or replication of the content on IntoTheFrayRadio.com without permission will result in varying penalty of no less than $250,000.00. By agreeing to these terms and conditions you grant ITF Enterprises LLC the right to damages and recoupment of any losses from unauthorized distributed content from the site.
Responsibility of Website Visitors
ITF has not reviewed, and cannot review, all of the material, including but not limited to comments, reviews and other posted material on the website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, ITF does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ITF disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted Anywhere Publicly
Copyright Infringement and DMCA Policy. As ITF asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by IntoTheFrayRadio.com violates your copyright, you are encouraged to notify ITF in accordance with ITF’s Digital Millennium Copyright Act (“DMCA”) Policy. ITF will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ITF will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ITF or others. In the case of such termination, ITF will have no obligation to provide a refund of any amounts previously paid to ITF.
Intellectual Property
This Agreement does not transfer from ITF to you any ITF or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with ITF. ITF, IntoTheFrayRadio.com, the IntoTheFrayRadio.com logo, and all other trademarks, service marks, graphics and logos used in connection with IntoTheFrayRadio.com, or the Website are trademarks or registered trademarks of ITF or ITF’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ITF or third-party trademarks.
Advertisements. ITF reserves the right to display advertisements on the site in any area including user pages.
Attribution
ITF reserves the right to display attribution links such as ‘Blog at IntoTheFrayRadio.com,’ and other credits on your account.
Termination
ITF may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your IntoTheFrayRadio.com account (if you have one), you may simply cancel any current plan or subscription and discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. ITF and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability and non-infringement. Neither ITF nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Discretion to refuse Clientele
ITF shall use it’s sole discretion to decide if it it should facilitate any customer based off of any information we deem pertinent. If we deem a customer’s account one that would create a disruption in our business and livelihood, we have the sole right to refuse that clientele and business for any reason we see fit.
Limitation of Liability
In no event will ITF, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ITF under this agreement during the twelve (12) month period prior to the cause of action. ITF shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the ITF Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless ITF, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between ITF and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ITF, or by the posting by ITF of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Nevada, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Clark County, Nevada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Clark County, Nevada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ITF may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
