Internet Radio

TERMS OF SERVICE

1. TERMS OF SERVICE

The Web Radio, owned and operated by VOY MUSIC, LLC (“VOY”), is provided to you under the terms and conditions of this Web Radio Terms of Service (“WRTS”), which may be updated by VOY from time to time without notice to you. You can review the most current version of the WRTS at any time at: www.voymusic.com . Additionally, when using the Web Radio and any VOY-owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be adopted and published by VOY from time to time without notice to you (the “WRTS Modifications”). All such guidelines and rules are hereby incorporated by reference into the WRTS. The WRTS comprises the entire agreement between you and VOY and supersedes all prior agreements between the parties regarding the subject matter contained herein.

BY ACCESSING THE WEB RADIO, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE WRTS.

VOY reserves the right to modify or discontinue THE WRTS or The web radio with or without notice to you. VOY shall not be liable to you or any third party should VOY exercise ITS right to modify or discontinue the web radio. VOY may change the terms and conditions of the wrTS at anytime without notice or acceptance by you. Changes to the terms and conditions of the wrTS will be posted to the web RADIO AT WWW.VOYMUSIC.COM . IT IS your responsibility to review the changes to the Terms of Service prior to each use of the WEB RADIO. Your continued access and use of the web radio constitutes an affirmative: (1) acknowledgment of the wrts modifications; and (2) agreement by You to abide and be bound by the wrts and wrTS modifications.

2. DESCRIPTION OF SERVICES

The Web Radio provides users with services, including but not limited to the possibility of listening music through different channels of the Web Radio, access to artist's profiles, biographies, information and other material (the “Services”). Some of these Services will be free of charge, others may cost money or have other requirements. THE REQUIREMENTS OR FEES FOR ANY SERVICE OR OPTION WILL BE CLEARLY EXPLAINED AND SEPARATELY AGREED TO WHEN YOU IMPLEMENT THOSE OPTIONS, IF ANY.

In order to access and use the Services, you must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for your own access to the World Wide Web and pay any telephone, cable or satellite service fees associated with such access.

3. PROPRIETARY RIGHTS TO CONTENT

You acknowledge and agree that the content, including but not limited to the Services, music, sound, lyrics, logos, text, data, photographs, videos, graphics, software, and other material (collectively, the “Content”) available on or through this Web Radio (including the Content provided through the Web Radio by VOY's or by VOY's advertisers), is owned by VOY, VOY's advertisers or third parties, and protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Therefore, you are only permitted to use the Content for personal use only, unless expressly authorized by VOY, VOY's advertisers, or the proprietary right's owner.

BY ACCESSING AND USING THE WEB RADIO, YOU AGREE NOT TO ( AND TO NOT FACILITATE ANY OTHER PERSON TO) COPY , SELL, RESELL, LEASE OR RENT , DUPLICATE, REPRODUCE, PUBLICLY DISPLAY, PUBLICLY PERFORM, PUBLISH, DISTRIBUTE, BROADCAST, CREATIVE DERIVATIVE WORKS OR EXPLOIT FOR ANY COMMERCIAL PURPOSES ANY OF THE CONTENTS AVAILABLE HEREIN, UNLESS YOU RECEIVE THE PRIOR WRITTEN CONSENT OF VOY OR VOY'S ADVERTISERS.

You agree not to sell, resell or exploit for any commercial purposes, the account and/or password described in Section 4 of the WRTS,

The compilation of all Contents on this site is the exclusive property of VOY and protected by U.S. and international copyright laws.

YOU ACKNOWLEDGE THAT THE USE OF THE CONTENT FOR OTHER PURPOSES THAT THE AUTHORIZED HEREIN, SHALL CONSTITUTE A VIOLATION OF VOY, VOY`S ADVERTISERS, OR OTHER THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS AND LAWS, AND YOU CAN BE SUBJECT TO A CIVIL OR CRIMINAL JUDICIAL CLAIM.

VOY may change, update or modify the Contents unilaterally at any time without notice or acceptance by you.

4. REGISTRATION OBLIGATIONS; ACCOUNT, PASSWORD, AND SECURITY

In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete personal data and information as prompted by the Web Radio's registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or if VOY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, VOY has the sole and absolute right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Upon successfully completing the registration process, VOY may, but is not obligated to, provide you with a password and an account. You are entirely responsible for maintaining the confidentiality of your password and account and entirely responsible for any and all activities which occur under your account. You agree to immediately notify VOY of any unauthorized use of your account or any other breach of security known to or suspected by you. Additionally, you agree to ensure that you exit from your account at the end of each session. VOY cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4. Upon your failure to comply with this Section 4, VOY may terminate your rights to the Web Radio at any time and without notice to you

5. PRIVACY POLICY

privacy policy

6. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT THE ACCESS AND USE OF THE WEB RADIO AND SERVICES IS AT YOUR SOLE RISK. THE WEB RADIO AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

VOY AND ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

VOY AND ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEB RADIO OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE WEB RADIO OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE ; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB RADIO OR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) DEFECTS IN THE WEB RADIO OR ANY SOFTWARE RELATED THERETO WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND /OR DATA USED OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEB RADIO OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND /OR DATA . YOU acknowledge and agree that VOY neither endorses the contents of ANY SERVICE OR CONTENT available on the WEB RADIO, nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

VOY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB RADIO OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB RADIO.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE WEB RADIO OR THE SERVICES OR CONTENTS PROVIDED THEREIN SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. LIMITATION OF LIABILITY

VOY AND ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE WEB RADIO OR THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB RADIO AND THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA , INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF VOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (iv) ANY OTHER MATTER RELATING TO THE WEB RADIO OR THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. LIMITATIONS

VOY may establish general practices and limits concerning use and access to the Web Radio, including without limitation the maximum number of days, the maximum number of times (and the maximum duration for which) you may access the Web Radio or use the Services and/or Contents in a given period of time.

9. YOUR CONDUCT

Your use and access to the Web Radio is subject to all applicable local, state, national and international laws and regulations.

You agree: (1) not to use the Web Radio for illegal purposes; (2) not to interfere or disrupt networks connected to the Web Radio; and (3) to comply with all regulations, policies and procedures of networks connected to the Web Radio.

Your conduct is subject to Internet regulations, policies and procedures. You will not send any of the Contents though chain letters, junk mail, spamming or any distribution lists of persons who have not given specific permission to be included in such a process,

You shall not interfere with another member's access, use and enjoyment of the Web Radio or another entity's use and enjoyment of similar services.

VOY may , at its sole discretion, immediately terminate YOUR service to the Web radio should your conduct fail to conform with the wrTS.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold the Web Radio, VOY and its subsidiaries, affiliates, officers, managers, members, employees, agents, and licensors harmless from and against any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Web Radio and the Services, your connection to the Web Radio, the violation of this WRTS by you, the infringement by you, or other users of the Web Radio using your computer, of any intellectual property or other rights of any person or entity.

11. TERMINATION

You agree that VOY may, under certain circumstances and without prior notice , immediately terminate your Web Radio account and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the WRTS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Web Radio account includes (a) removal of access to all offerings within the Services, (b) deletion of your password and related information, as described in our Privacy Policy posted at privacy policy , files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in VOY's sole discretion and that VOY shall not be liable to you or any third party for any termination of your account or access to the Services.

Should you object to any terms and conditions of the wrTS or any subsequent modifications thereto or become dissatisfied with the web radio in any way, Your only recourse is to immediately discontinue use of the web radio.

12. NOTICE

All notices to a party shall be in writing and shall be made either via email or conventional mail.

Our Address:

VOY MUSIC, LLC

330 Madison Ave , 6th floor

(10017) New York , NY

United States of America

voymusicinfo@voygroup.com

VOY may post notices or messages through the Web Radio to inform you of changes to the WRTS, the Web Radio, or other matters of importance; such posting shall constitute notice to you.

13. LAWS

The WRTS shall be governed by and construed in accordance with the laws of the State of New York .

You and VOY agree to submit to the exclusive jurisdiction of the courts of the State of New York . If any provision(s) of the WRTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

VOY's failure to exercise or enforce any right or provision of the WRTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by VOY in writing.

You and VOY agree that any cause of action arising out of or related to the Web Radio or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in the WRTS are solely used for the convenience of the parties and have no legal or contractual significance.

14. INTELLECTUAL PROPERTY

VOY respects the intellectual property of others, and expect you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by any of the Services or Contents available in the Web Radio, please provide Day, Berry & Howard LLP, VOY's Copyright Agent, the following information:

1. a description of the copyrighted work or other intellectual property that you believe your claim has been infringed, and where in the web site it is located;
2. your name, address, telephone number, and email address;
3. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. a statement by you, made under penalty of perjury, that the above information provided is accurate, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf, and that you in good faith believe your copyright or intellectual property rights have been violated by the Content available in this web site;
5. an electronic or physical signature of the owner of the copyright or intellectual property interest you believe your claim has infringed; or person authorized to act on the owner's behalf.

VOY's Copyright Agent for notices of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Day, Berry & Howard LLP
Att. Soph Sophocles

One International Place
Boston , MA   02110

United States of America

By phone: (617) 345-4661

By fax: (617) 345-4745

By e-mail : smsophocles@DBH.com  

15. DEALINGS WITH ADVERTISERS.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web Radio or the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that VOY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web Radio or the Services.

16. LINKS