Bigtime Radio, TV & Entertainment LTD and Bigtime Global LTD www.bigtime.radio, https://music.bigtime.radio/bigtimeglobal.nsf/index.xsp any other associated brand or website.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.
1. Welcome to BTRTV&EG LTD or Bigtime Global LTD.
2. Bigtime Radio, TV & Entertainment LTD (www.bigtime.radioandhttps://music.bigtime.radio/bigtimeglobal.nsf/index.xsp) (the "Website") is an Internet service of digital products, operated by Bigtime Radio, TV & Entertainment LTD and Bigtime Global LTD. ("BTRG or Bigtime Global"). These Terms of Service are effective since 11th of May, 2018 and are only applicable if you are using the BTRG or Bigtime Global Services, Products or Digital Channels. Please read these Terms, and only continue to use BTRG or Bigtime Global if you agree to them, as well as with the current privacy statement and legal disclaimer. BTRG or Bigtime Global is enabled template owners to share them with users. BTRG or Bigtime Global does that by providing a highly interactive platform with a great user experience. To protect and ensure our rights and the rights of our users, BTRG or Bigtime Global has developed these Terms of Service to govern your use of the Website, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of the Website tells us you have read and agreed to these Terms of Service. Please read them carefully. These Terms of Service are a binding contract between you and BTRG or Bigtime Global, regarding your use of the Website. We appreciate your continued use of the BTRG or Bigtime Global Services and look forward to continuing to provide you with the best service.
3. Bigtime Radio, TV & Entertainment LTD and Bigtime Global LTD or BTRTV&EG LTD, for short, may be referred to herein as "BTRG or Bigtime Global", "US", or "WE" whether in uppercase, lowercase, or a combination.
4. Thank you for selecting the Services offered by Bigtime Radio, TV & Entertainment LTD (www.bigtime.radio)and/or its subsidiaries and affiliates (referred to herein as "BTRG or Bigtime Global", "we", "our", or "us"). The term "you" or "your" or "Web Profile or User Content" includes any of your subsidiaries, affiliates, employees and parent or legal guardian.
5. We allow you, "user," or, collectively, "users," (whether in uppercase, lowercase, or a combination) to access our sites, services, content, applications, and other current or future products or services, including BTRG or Bigtime Global Free, Standard or Premium, Custom Docs, and the downloadable/installable BTRG or Bigtime Global Premium Software App. The BTRG or Bigtime Global Services are offered by way of the internet websites currently located at the URLs www.Bigtime Radio, TV & Entertainment LTD (www.bigtime.radio) (or any variation of that, e.g., BTRG, BTRTV&EG LTD or Bigtime Radio TV & Entertainment Group and Bigtime Global LTD), or by way other means of electronic access, such as Bigtime Radio, TV & Entertainment LTD (www.bigtime.radio)website, mobile devices, smartphones, tablets, readers, tangible content medium (including a DVD, flash drive, or another storage medium), third party social networks or video services, or other devices (individually and collectively, within any, or our "BTRG or Bigtime Global Platform").
YOUR ACCEPTANCE OF THESE TERMS
6. We provide the BTRG or Bigtime Global Services to you subject to the following terms of service (the "Terms"). These Terms shall also incorporate by reference certain other agreements that are referenced below. Please read these Terms carefully. By accepting electronically (for example, clicking "I Agree" or by way of Accepting by a 'Digital Tick of the box' to our T&C's via the purchase process or on our websites), installing, accessing or using any of the BTRG or Bigtime Global Services from any BTRG or Bigtime Global Platform, you accept these Terms.
7. The paid BTRG or Bigtime Global Services are not available to persons under the age of 13 or to any person or entity previously suspended or removed from the Services by BTRG or Bigtime Global. By accessing or using any BTRG or Bigtime Global Services, you represent that you are at least 13 years of age under a parent or legal guardian supervision, that if you are under 18 years of age, you possess legal and guardian consent, that you have not been previously suspended or removed from access to or use of the BTRG or Bigtime Global Services, and that you are fully able and competent to enter into the Terms. If you do not agree to these Terms, then you may not use any part of the BTRG or Bigtime Global Services. Any or all payments must be made by the legal account holder or a Legal Guardian as displayed on the payment card. We reserve the right to terminate any product or services found on this basis.
8. YOUR PERSONAL INFORMATION: You can view BTRG or Bigtime Global’s Privacy Statement provided with the BTRG or Bigtime Global Services and on any BTRG or Bigtime Global Platform for the BTRG or Bigtime Global Services. You agree to the applicable BTRG or Bigtime Global Privacy Statement, and any changes published by BTRG or Bigtime Global. You agree that BTRG or Bigtime Global may use and maintain your data according to the BTRG or Bigtime Global Privacy Statement. You give BTRG or Bigtime Global permission to combine information you enter or upload for the BTRG or Bigtime Global Services with that of other users of the BTRG or Bigtime Global Services and/or other BTRG or Bigtime Global services. For example, this means that BTRG or Bigtime Global may use your and other users’ non-identifiable, aggregated data to improve the BTRG or Bigtime Global Services or to design promotions and provide ways for you to compare business practices with other users. BTRG or Bigtime Global may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
MODIFICATION OF THE TERMS:
9. BTRG or Bigtime Global reserves the right to make changes to the Terms available throughwww.bigtime.radioandhttps://music.bigtime.radio/bigtimeglobal.nsf/index.xsporhttps://music.bigtime.radio/bigtimecomps.nsf/index.xspBigtime Radio, TV & Entertainment LTD (www.bigtime.radio) or other BTRG or Bigtime Global Platform at any time, at our sole discretion, and the changes will be effective automatically when posted through the BTRG or Bigtime Global Services, on any BTRG or Bigtime Global Platform, or websites, product packages or when we notify you by other means. Except as posted by BTRG or Bigtime Global to the www.Bigtime Radio, TV & Entertainment LTD (www.bigtime.radio)or premium Bigtime Radio, TV & Entertainment LTD (www.bigtime.radio) sites or other aspects of any BTRG or Bigtime Global Platforms, websites or mobile content of offerings, this Agreement may not be otherwise amended, modified and no terms may be waived by BTRG or Bigtime Global and its companies.
10. We may also change or discontinue the BTRG or Bigtime Global Services, any BTRG or Bigtime Global Platform, content, or services, in whole or in part at any time, change the amount of storage space you have on the BTRG or Bigtime Global Service at any time and the number of times (and the maximum duration for which) you may access the BTRG or Bigtime Global Service in a given period of time at our sole discretion. Your continued use of the BTRG or Bigtime Global Services indicates your agreement to the changes.
BTRG or Bigtime Global LICENSE GRANT
11. BTRG or Bigtime Global provides or makes available the BTRG or Bigtime Global Services, which may include information, documents, software, sounds, videos, texts, works of authorship, products, offerings, logos, photographs, graphics, tags, images, or other materials ("Content"). Certain of the Content is owned or controlled by us ("BTRG or Bigtime Global Content"), and we license such BTRG or Bigtime Global Content to you, pursuant to these Terms, which may be modified or revised by licenses that we enter into separately with you for such BTRG or Bigtime Global Content ("Separate Content License(s)").
12. Other Content that is available through the BTRG or Bigtime Global Services is owned or controlled by third parties, including other BTRG or Bigtime Global Content Users ("Third Party Content"). You may be required to enter into separate licenses with such third parties for their Third-Party Content ("Third Party License(s)"). Such Third-Party Licenses will be identified in conjunction with the applicable Third-Party Content.
GRANT TO YOU FOR USE OF CONTENT
14. You may not resell any Content obtained on behalf of such third parties. As an example, you may not take a form document from the Content and sell it at a profit having filled in blanks or made minor modifications to fit the needs and purposes; however, you may utilise such form document for your professional requirement or with the related third party in which the content represents and under our licence thereof.
15. Except for the license set forth herein, you acknowledge and agree that you or any other persons or legal entity or company and or Third-party in competition to our products or services, will have no right (that is strictly prohibited) to modify, edit, copy, reproduce and all of our content or brand, and or copy our logo, distribute, offer to sell, sell, resell, deconstruct, trade, transmit, host, import, export, create derivative works of, alter, enhance, or in any way exploit any of the Content or our digital products and services, business model, in any manner. You may not make the BTRG or Bigtime Global Services available on any file-sharing or application hosting service. Nor copy any of our websites, brands, digital services and products or make any claim to working for "US” or " BTRG or Bigtime Global. You Agree by use of our products, website, and services to never falsely use or represent our Brand and nature of our offerings.
16. BTRG or Bigtime Global may utilise digital rights management technologies to monitor and disable the use of any Content at any time we deem fit. Your continued use and purchase of the BTRG or Bigtime Global Services, products and platform indicates your agreement to the changes.
PREVENTION OF unauthorised USE
17. BTRG or Bigtime Global reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorised use of Content, products, or services you purchase, use or participate in and any BTRG or Bigtime Global Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorised use. BTRG or Bigtime Global reserves the right to monitor your use of any BTRG or Bigtime Global Services to ensure compliance with these Terms, and BTRG or Bigtime Global reserves the right to take such lawful actions as are deemed necessary or desirable to resolve any violations of the Terms.
TERMS REGARDING USER CONTENT (DESCRIPTION OF USER CONTENT)
18. The BTRG or Bigtime Global Services allow users such as you to upload your Content to enable the use of such Content by BTRG or Bigtime Global and BTRG or Bigtime Global’s other users (your "User Content"). When you upload your User Content, the BTRG or Bigtime Global Services will not permit you to select a Third-Party License that will therefore not apply to other BTRG or Bigtime Global users ("Content User(s)”) that utilise your User Content. By way of example, the BTRG or Bigtime Global Service will only allow you to select the product or service of your choice which is a license to you only. Therefore, no Third Party is granted a License of use, only once they themselves have made such a purchase.
20. Your license grants and obligations regarding your User Content are further described in the following paragraphs.
LICENSE GRANT TO BTRG or Bigtime Global
21. By uploading, making available for upload, distributing, or disseminating your User Content through the BTRG or Bigtime Global Services, You hereby grant to BTRG or Bigtime Global a perpetual, irrevocable, worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, sub-licensable license to host, transfer, display, perform, reproduce, distribute for marketing of your music and or profile, link to, modify, and prepare derivative works to help you use your social media and music links to your associated DSP Artist profile only to assist in you the Artist being further Seen, Heard, hoping to help your music get sold via your own music sales channels to help offer your music as 'best endeavours' to assist or help where possible, for you to sell your music, or for people to listen to you the Artist. By use of our service you permit us, therefore license to share your User Content and other services, in any media format and through any media channel and BTRG or Bigtime Global Platform, to make available, display, perform, reproduce, distribute, publish, and promote your User Content in connection with the BTRG or Bigtime Global Services rendered to our Content Users and Radio Listeners, including, by way of example but not limitation, by allowing your User Content to be embedded on Our websites as Your Embeddable Content you have uploaded via our Submission and Package purchase process; and (b) otherwise provide you with the BTRG or Bigtime Global Services. You retain all of your ownership rights, sales, publicity in the User Content you upload unless you choose to give up any ownership right. User Content is provided on a non-confidential basis to be shared publicly with our Radio listeners.
22. You may request termination to retract your Artist Profile and Music or all of the User Content, as specified, that you have previously uploaded by removing or deleting from the BTRG or Bigtime Global Services all copies of such Web Profile or User Content that is your Content by way of emailing us at email@example.com with the following in the subject line: "Request to Terminate My Web Profile or User Content" or "Stop My Music from Playing" requesting such termination and specifying the URL(s) of where your User Content is or was located on the BTRG or Bigtime Global Platform. You must provide us with sufficient information to allow us to verify that such Content is your User Content. BTRG or Bigtime Global may accept or reject such termination. If BTRG or Bigtime Global accepts your termination request, such termination will not revoke any licenses that were previously granted by BTRG or Bigtime Global or You to third parties for such User Content distributed on or before such completion, and BTRG or Bigtime Global may maintain one or more copies of all User Content for our records and any other legal purpose.
23. For the avoidance of doubt, BTRG or Bigtime Global reserves the right to place restrictions on any of your User Content and restrict access to such User Content by use of Digital Rights Management (DRM) tools or otherwise.
REQUIREMENTS FOR THIRD-PARTY LICENSES FOR USER CONTENT
24. Regardless of the Third Party Licensing for your User Content pursuant to Section Description of User Content, such Third Party License, must, at minimum, grant to each Content User that is authorised to access your Web Profile or User Content a limited, non-exclusive, license to view, download, print, reproduce, store and use your User Content in the manner that is consistent with the license granted to you for BTRG or Bigtime Global Content under Section BTRG or Bigtime Global License Grant of these Terms. The license granted by you may terminate as to a specific piece of your User Content once you remove or delete such specific piece of User Content and notify BTRG or Bigtime Global of such termination as provided in Section License Grant to BTRG or Bigtime Global, provided that User rights to your User Content arising out of distributions occurring on or before deletion of such pieces of User Content from the BTRG or Bigtime Global Services will survive any termination.
25. Further, such pieces of the User Content might remain available by search engines or internet services, for example, that might have cached or archived such User Content, and BTRG or Bigtime Global has no obligation to prevent, limit, or take any other measures to affect that availability.
26. User Content uploaded by you is at your own risk. BTRG or Bigtime Global cannot and does not guarantee that there will be no unauthorised copying, distribution, or deletion of your User Content nor will BTRG or Bigtime Global be liable for any copying or usage of your User Content that is not authorised by BTRG or Bigtime Global or you, or any Third Parties.
USER CONTENT REPRESENTATIONS AND WARRANTIES
27. You are solely responsible for your User Content and the consequences of posting or publishing it, including its legality, reliability, and appropriateness. By uploading your User Content, you agree, represent, and warrant that:
28. You are the creator and owner of or have all the necessary licenses, rights, consents, releases, and permissions to use and to authorize DOSCTOC and BTRG or Bigtime Global's users to use your User Content as necessary to exercise the licenses granted by you in these Terms and as well as any Third-Party Licenses that you apply to the User Content.
29. YOUR USER CONTENT DOES NOT AND WILL NOT: (A) INFRINGE, VIOLATE, OR MISAPPROPRIATE ANY THIRD-PARTY RIGHT, INCLUDING ANY COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, MORAL RIGHT, PRIVACY RIGHT, RIGHT OF PUBLICITY, OR ANY OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT; OR (B) SLANDER, DEFAME, OR LIBEL ANY OTHER PERSON OR ENTITY.
30. YOU WILL NOT UPLOAD WORKS THAT ARE ILLEGAL FOR YOU TO UPLOAD, FOR BTRG or Bigtime Global TO HAVE ON THE BTRG or Bigtime Global PLATFORM, OR FOR USERS TO DOWNLOAD, RECEIVE, VIEW, OR USE.
31. Your User Content does not contain or link to any cookies, viruses, adware, spyware, worms, Trojans, or other malicious code.
32. Your User Content does not primarily constitute an advertisement, promotional, or marketing materials for any person, entity, or business
33. Your User Content does not primarily constitute an advertisement, promotional, or marketing materials for any person, entity, or business
34. Your User Content will not offer to sell, sell, distribute, disseminate or provide the URLs or link to any sites for marketing, sales, social media sites, distribution of firearms, explosives, ammunition, tobacco (including e-cigarettes), alcohol products as well as any products or services that (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold could cause BTRG or Bigtime Global or its affiliates to violate any law, statute or regulation.
Further, you represent and warrant that you will not:
35. Use the BTRG or Bigtime Global Services for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access Content in compliance with the Terms.
36. Defame, abuse, harass, bully, stalk, threaten, including conduct that would encourage "flaming" or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
37. Use racially, ethnically, profane, or otherwise offensive language, including denigrating sexual orientation or gender identity issues.
38. Incite or encourage illegal activity.
39. Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
40. Post or upload anything that exploits children or minors or that depicts cruelty to animals.
41. Post or upload matters that by their confidential or security clearance nature may threaten lives, international, national, state, local, or individual security.
42. Post or upload court documents or arrest records that have been sealed or expunged, in whole or in part.
43. Post or upload a third party’s social security number, credit card number, unpublished phone number, non-public e-mail or physical mail address, medical records or information, tax records, or other confidential or personal information.
44. Post or upload any unsolicited communication or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters, 'pyramid schemes, or any other form of such solicitation.
45. Post or upload any content that might be fraudulent, inaccurate or misleading.
46. Post or upload any content that might be competitive with BTRG or Bigtime Global.
47. Impersonate any person or entity, falsely claim an affiliation with any person or entity, access the BTRG or Bigtime Global accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via any BTRG or Bigtime Global Platform, or perform any other similar fraudulent activity.
48. Remove, circumvent, disable, damage, or otherwise interfere with DRM or security-related features of the BTRG or Bigtime Global Services, Content or BTRG or Bigtime Global Content, features that prevent or restrict use or copying of any content accessible through the BTRG or Bigtime Global Services, or features that enforce limitations on the use of the BTRG or Bigtime Global Services, Content or BTRG or Bigtime Global Content.
49. Reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code of a BTRG or Bigtime Global Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
50. Relay email from a third party’s mail servers without the permission of that third party.
51. Use any robot, spider, scraper, or other automated means to access a BTRG or Bigtime Global Platform, except for accessing BTRG or Bigtime Global RSS feeds.
52. Forge headers or otherwise manipulate identifiers to disguise the origin of any User Content transmitted through the BTRG or Bigtime Global Services.
53. Interfere with or disrupt a BTRG or Bigtime Global Platform or servers or networks connected to a BTRG or Bigtime Global Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to a BTRG or Bigtime Global Platform.
54. Post, upload, or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that generally detracts from the BTRG or Bigtime Global experience.
55. Take any action that imposes an unreasonable or disproportionately large load on BTRG or Bigtime Global’s infrastructure or any BTRG or Bigtime Global Platform.
56. Artificially inflate or alter the ratings available on the BTRG or Bigtime Global Services or alter any comments posted by others on a BTRG or Bigtime Global Platform.
57. This list of prohibitions provides examples and is not complete or exclusive. These prohibitions do not require BTRG or Bigtime Global to monitor, police, or remove any User Content or other information submitted by you or any other User, or monitor, police, or report any User activity.
REPORTING POLICY VIOLATIONS OR ILLEGAL CONTENT
58. If you see content that violates any of our Terms and policies or that is illegal under applicable law, you may report it using the procedure and email address below. While users posting Content are solely responsible for compliance with our Terms, policies and applicable law, if we determine in our sole discretion that there are violations of our Terms, policies or applicable law, then, without limitation to our other rights or remedies, we may remove the Content from the BTRG or Bigtime Global Services. In order to report Content that violates our Terms and policies or is illegal, please send to (include alias or website) and provide the following:
59. Identification of the material that is claimed to be in violation of our Terms and policies or illegal, and information reasonably sufficient to permit BTRG or Bigtime Global to locate the specific material. Providing URLs in the body of an email is the best way to help us locate content quickly.
60. Information reasonably sufficient to permit BTRG or Bigtime Global to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
61. A statement that the complaining party has a good faith belief that use of the material in the manner complained of violates BTRG or Bigtime Global Terms and policies or is illegal, with specific cites to the policies or laws, rules or regulations alleged to be violated and a statement of the relevant facts.
62. A statement that the information in the notification is accurate.
63. PLEASE NOTE: If you are reporting a copyright violation, please use these procedures - we need to make it to firstname.lastname@example.org email address, instead of the procedures outlined in this section. If you are reporting an infringement or violation of a copyright, you may only do so for Content that you hold the rights to or where you are duly authorized to act on behalf of all of the copyright holders of such Content, in which case please follow the procedures outlined in this section.
64. If you are reporting any violations of BTRG or Bigtime Global terms or policies, you can report them by emailing email@example.com with the following in the subject line: "Terms or Policies Violations."
65. These Terms do not grant you or any third party not in privately to this agreement any greater or additional rights or remedies against you or BTRG or Bigtime Global than such third party might otherwise have absent these Terms. These Terms do not grant any third-party beneficiary rights: such rights are expressly disclaimed.
FEEDBACK THAT YOU PROVIDE
66. If you provide any ideas, suggestions, documents, and/or proposals ("Feedback") to us through the BTRG or Bigtime Global Services or otherwise, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information or yours or any third parties; (b) such Feedback does not infringe the intellectual property rights or other rights of any third parties; (c) such Feedback is automatically assigned to us, to the maximum extent that such assignment is permissible under applicable laws, and otherwise, you hereby grant us a perpetual, irrevocable, worldwide, fully-paid up, royalty-free, assignable, sub-licensable license to use, reproduce, display, create derivative works of, make, sell, have made, have sold, import, export or otherwise exploit any such Feedback; and (d) you are not entitled to any compensation or reimbursement from us for such Feedback.
67. BTRG or Bigtime Global may be required by law to send you communications about the BTRG or Bigtime Global Services or Third-Party products. You agree that BTRG or Bigtime Global may send these communications to you via email or by posting them on a BTRG or Bigtime Global Platform.
SUPPLEMENTAL TERMS FOR ADDITIONAL BTRG or Bigtime Global SERVICES
68. BTRG or Bigtime Global licenses certain additional BTRG or Bigtime Global Services, some of which are described below, and terms also apply to your agreement by way of usage to these terms.
BTRG or Bigtime Global Packages and Products
OUR PACKAGES/SERVICES & OUR POLICY THEREOF
70. BTRG or Bigtime Global has your authority to take payment of your digital product purchase, by the way of payment and acceptance of our T&C you comply with. When you purchase any of our online digital packages/digital download any of our products or services, you accept that you give Bigtime Radio, TV & Entertainment LTD & Bigtime Global LTD, the authority to be paid by you the 'Client' for the full package fee and will not be refunded of any amount. Due to the nature of our business offering digital products that are downloaded during your purchase of products/service we are providing to you i.e the same-day purchase, allows you immediate access to our digital products. The additional radio service within the packages are subject to being played at our discretion; that is based on the sound quality of the track/song, suitable for commercial radio, the correct format that is MP3, must be uploaded for our Radio Rotation and A&R assessment teams. The content of the Lyrics or Artwork is not Explicit, Rude, Racial or have any explicit sexual or inappropriate content, language signs or symbols nor or political language, party or country support. As defined under the USER CONTENT REPRESENTATIONS AND WARRANTIES heading seen above.
72. Our radio Airplay service within our packages is a free service when purchased via one of our packages, therefore any digital online purchase is solely content, or information provided to you as a serviced package. With any additional services within the packages, we also reserve the right to cancel and terminate our service without any refund if you have not fully completed our Artist Profile: A&R & Radio Rotation Assessment form within our product package purchase process. You accept that we are not a legal company and that our products or services claim no legal jurisdiction in any world territory, you accept that they are merely guidelines and example templates to help guide you with your legal team(s) (in your Country, under your Countries Laws) advise given your current situation or position thereof. By purchasing our packages, you agree to this and that you should always seek your own legal advice. Our products and services are based on a best endeavours service with general industry examples templates, of a possible "best practice" scenario aimed more at "educational structured content", for you to use alongside your own legal teams, in your country. If you do not agree to these terms of purchase, then we advise you to not purchase our packages, as we will not refund you due to the nature of our digital service, products, technology services and offerings.
73. Due to the nature of our offering and immediate services providing digital downloadable products and of informative content, you agree by way of payment, that you understand and agree to these terms of service. You agree by not providing, uploading all your User content required via our Digital paid offering, you agree to waver any return funds or payments you made via our 'WORLDPAY' payment service provider, as you would have already been provided with our BTRG or Bigtime Global Digital Products on payments you made live, accessible at your convenience from our Website. You accept that you are responsible to provide all required content, downloading the provided digital content correctly and saving it for your use only and not to be shared with any Third-Party. You also agree to comply with GDPR, or Data protection laws across all territories around the world, by way of purchase, you agree to fulfil your responsibility and uphold these terms of service, and that we 'BTRG or Bigtime Global' take no responsibility for your actions.
ASK BTRG or Bigtime Global
74. The Contact BTRG or Bigtime Global service allows you to ask questions from persons via the BTRG or Bigtime Global Service. You understand and agree that all aspects of Content or BTRG or Bigtime Global Services are for informational purposes only. Your use of any information, or any aspect of any Content or services from or through the BTRG or Bigtime Global Services, regardless of the manner in which it is obtained, is entirely at your own risk, for which BTRG or Bigtime Global shall not be liable. It shall be your responsibility to ensure that any aspect of any Content, service, or information available from or through BTRG or Bigtime Global meets your specific requirements. Persons providing responses or answers may not have credentials or degrees in the relevant subject matter areas.
75. Answers are to be used by you for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice, and you agree and acknowledge that you will not rely on any responses or answers received from the BTRG or Bigtime Global Services. By accepting or answering questions (in any form, including email or telephone), neither BTRG or Bigtime Global nor its agents form attorney-client, doctor-patient, or other professional-client relationships or privileges with users. BTRG or Bigtime Global disclaims any guarantee or assurance that you will receive a response from BTRG or Bigtime Global to your queries. Communications with BTRG or Bigtime Global are not confidential and shall not be the subject of any associated privileges.
76. 24. BTRG or Bigtime Global SOFTWARE APPS.
77. Some of the Content and BTRG or Bigtime Global Services available with, on, or through, the downloadable/installable BTRG or Bigtime Global Premium Software App may require an internet connection, which is a free Radio Listener. Other Apps we may release in the future may require that you be a paid subscriber. The BTRG or Bigtime Global Software App may be subject to additional terms provided with this software, however, these T&C are on the associated Mobile app download sites, such as App Store, iMusic or Google Play as an example. We take no responsibility to any inconvenience caused due to any Technology Company or Third Parties failing in delivering this service 24/7 or any failure to provide you in listening to our Radio App Services and stream(s). These are all provided by Third Party Services, please accept the relevant T&C's per Mobile App download process through your mobile application service provider and mobile company.
78. Bigtime Radio, TV & Entertainment LTD (www.bigtime.radio) is a registered trademark of BTRG or Bigtime Global. Other trademarks, names, and logos on a BTRG or Bigtime Global Platform or Content are the property of their respective owners. The trademarks, logos, and service marks displayed via the BTRG or Bigtime Global Services or Content (collectively the "Trademarks") are the registered and unregistered trademarks of BTRG or Bigtime Global, its licensors, suppliers, and others. The Trademarks owned by BTRG or Bigtime Global, whether registered or unregistered, may not be used in connection with any product or service that is not BTRG or Bigtime Global’s in any manner that may cause confusion with or to consumers or customers, or in any manner that disparages BTRG or Bigtime Global or blurs, tarnishes, or dilutes the Trademarks or BTRG or Bigtime Global. Nothing contained on a BTRG or Bigtime Global Platform, BTRG or Bigtime Global Services, Content, communication, or herein should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any Trademark without the express written permission of BTRG or Bigtime Global, its licensors, suppliers, or the third-party owner of any such Trademark. However, when you use the embeddable BTRG or Bigtime Global viewer and provide it on your website you may display the unaltered BTRG or Bigtime Global Trademark only for the limited purpose of displaying the embeddable BTRG or Bigtime Global Viewer.
79. Unless otherwise specified in these Terms, all information and screens appearing via the BTRG or Bigtime Global Services, including documents, services, designs, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of BTRG or Bigtime Global, Copyright © 2017-2022 BTRG or Bigtime Global. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
ALLEGATIONS OF COPYRIGHT AND TRADEMARK INFRINGEMENTS; NOTIFICATION
80. BTRG or Bigtime Global respects the intellectual property rights of others, and we require you to do the same. BTRG or Bigtime Global may, in appropriate circumstances, and at our sole discretion, terminate service and/or access to the BTRG or Bigtime Global Services users who infringe or are accused of infringing the intellectual property rights of others. If you believe that your work is the subject of copyright infringement, please comply with the requirements of the Digital Millennium Copyright Act and email us at firstname.lastname@example.org
81. If you believe that your work is the subject of trademark infringement and appears on our site, please provide BTRG or Bigtime Global's designated agent the following information:
82. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
83. Identification of the trademarked work claimed to have been infringed, or, if multiple works at a single online site is covered by a single notification, a representative list of such works at that site, including specific identification of where such works are to be located.
84. 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 at any BTRG or Bigtime Global Platform, and information reasonably sufficient to permit BTRG or Bigtime Global to locate the material.
85. Information reasonably sufficient to permit BTRG or Bigtime Global to contact you as the complaining party such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
86. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the trademark owner, its agent, or the law.
87. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
88. BTRG or Bigtime Global reserves the right to assert that it has no obligation under the law to take action with regard to alleged trademark infringement and to require that you support your claims of actionable trademark infringement.
89. Note: BTRG or Bigtime Global reserves the right to assert that it has no obligation under the law to take action with regard to alleged trademark infringement and to require that you support your claims of actionable trademark infringement.
By Post and Email: email@example.com
Bigtime Radio, TV & Entertainment Group Ltd.
Attn: Copyright Agent
BIGTIME, RADIO, TV & ENTERTAINMENT GROUP
BIGTIME Radio TV Group Ltd
PO Box 4356
PASSWORD RESTRICTED AREAS
90. As part of the registration process, or for use of certain BTRG or Bigtime Global Services, you may be asked to select a username and password. You are responsible for maintaining the confidentiality of your password and account and agree to notify BTRG or Bigtime Global if your password is lost, stolen, disclosed to an unauthorised third party, or otherwise may have been compromised. You are responsible for all activities that occur under your registered account. You agree to immediately notify BTRG or Bigtime Global of any unauthorised use or disclosure of your account or any other breach of security in relation to any BTRG or Bigtime Global Services known to you. If you have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft, or unauthorised disclosure or use of your username, password, or any credit, debit, or charge card number, if applicable), then you agree to immediately change your password and notify BTRG or Bigtime Global.
91. You understand and agree that when using a BTRG or Bigtime Global Platform you will be exposed to Content from a variety of sources and that BTRG or Bigtime Global, its affiliates, subsidiaries, suppliers, agents, officers, or attorneys are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to Content. You further understand and acknowledge that you may be exposed to Content that is 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 BTRG or Bigtime Global* with respect thereto. BTRG or Bigtime Global does not endorse any Content or any opinion, recommendation, or advice expressed therein, and BTRG or Bigtime Global expressly disclaims any and all liability in connection with Content.
92. You understand and agree that when using a BTRG or Bigtime Global Platform you will be exposed to Content from a variety of sources and that BTRG or Bigtime Global, its affiliates, subsidiaries, suppliers, agents, officers or attorneys are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to Content. However, we try to limit this, you further understand and acknowledge that you may be exposed to Content that is 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 BTRG or Bigtime Global* with respect thereto. BTRG or Bigtime Global does not endorse any Content or any opinion, recommendation, or advice expressed therein, and BTRG or Bigtime Global expressly disclaims any and all liability in connection with Content.
93. You understand and agree that all aspects of Content, Services, or other information provided by or through BTRG or Bigtime Global or any BTRG or Bigtime Global Services are for informational purposes only. Your use of any information, or any aspect of any Content or BTRG or Bigtime Global Services, is entirely at your own risk, for which BTRG or Bigtime Global * shall not be liable. The Content or Services provided by BTRG or Bigtime Global may be inappropriate for your particular circumstances. You understand and agree that BTRG or Bigtime Global is not a law firm and does not provide legal advice. You have read and agree with and to the disclaimer located here: (link to the same page of Terms of Service - this page...
94. The BTRG or Bigtime Global Services and/or Content or communications from BTRG or Bigtime Global may link to other sites or platforms that are not BTRG or Bigtime Global sites or platforms ("Reference Sites"). BTRG or Bigtime Global is providing these links to you only as a convenience, and BTRG or Bigtime Global is not responsible for such linked Reference Sites, including, without limitation, the content or links displayed on such Reference Sites. You agree that BTRG or Bigtime Global assumes no liability and is not responsible at all for anything on or linked from or occurring as a result of your visiting any Reference Site. You understand that anything on or linked from any Reference Site does not represent the positions, opinions, etc. of BTRG or Bigtime Global and BTRG or Bigtime Global does not endorse or affirmatively support anything on or linked from any Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
95. We may mention or link to third-party service providers or vendors, however, we are not responsible for, and disclaim any and all representations regarding, any third-party service providers/vendors, whether or not we are remunerated in any manner by or on behalf of such third-party service providers or vendors, including, without limitation, the goods or services they provide, or content or links displayed on or provided by them. You agree that BTRG or Bigtime Global assumes no liability and is not responsible at all for anything on or linked from or occurring as a result of your visiting any third-party service provider or vendor site or you are obtaining any information, goods, or services, from or through such third-party service provider or vendor. You understand that anything on or linked from any third-party service provider or vendor site does not represent the positions, opinions, etc. of BTRG or Bigtime Global and BTRG or Bigtime Global does not endorse or affirmatively support anything on or linked from any third-party service provider or vendor site.
96. YOUR USE OF ANY BTRG or Bigtime Global PLATFORM, SERVICE, CONTENT, OR ANY REFERENCE SITE OR THIRD-PARTY SERVICE PROVIDERS OR VENDORS IS AT YOUR OWN RISK. BTRG or Bigtime Global SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY BTRG or Bigtime Global PLATFORM OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY BTRG or Bigtime Global PLATFORM (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), OR ANY ERRORS (INCLUDING OMISSIONS) IN THE SERVICES, OR CONTENT, OR FOR ANY LACK OF ACCESS TO ANY BTRG or Bigtime Global PLATFORM, CONTENT, OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). CONTENT MAY HAVE NOT BEEN VERIFIED OR AUTHENTICATED AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. BTRG or Bigtime Global DOES NOT WARRANT THE ACCURACY, SUITABILITY, LEGAL EFFECT, OR TIMELINESS OF CONTENT CONTAINED ON OR THROUGH ANY BTRG or Bigtime Global SERVICES. BTRG or Bigtime Global HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY BTRG or Bigtime Global PLATFORM, SERVICE, OR CONTENT, OR ANY REFERENCE SITE OR THIRD-PARTY SERVICE PROVIDERS OR VENDORS, WHETHER PROVIDED BY BTRG or Bigtime Global OR OUR SUPPLIERS OR LICENSORS (OR ANY REFERENCE SITE OR THIRD-PARTY SERVICE PROVIDERS OR VENDORS).
97. BTRG or Bigtime Global DOES NOT PROVIDE LEGAL ADVICE OR ANY OTHER KIND OF ADVICE, NO MATTER THE CONTENT, BTRG or Bigtime Global PLATFORM, SERVICE, OR MEANS OF COMMUNICATION. THE SERVICES AND CONTENT ON OR THROUGH ANY BTRG or Bigtime Global SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. CONTENT, SERVICES, AND ALL COMMUNICATION BY OR WITH BTRG or Bigtime Global, INCLUDING THROUGH THE BTRG or Bigtime Global SERVICES, IS NOT LEGAL ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY, OR OTHER APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL, FINANCIAL, HEALTH, MEDICAL, OR OTHER ISSUE. ALL CONTENT, SERVICES, AND BTRG or Bigtime Global PLATFORMS (AND ANY REFERENCE SITE OR THIRD-PARTY SERVICE PROVIDERS OR VENDORS) ARE PROVIDED WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING AS TO ITS LEGAL EFFECT AND COMPLETENESS. CONTENT SHOULD BE USED AS A GUIDE AND MODIFIED TO MEET YOUR OWN INDIVIDUAL NEEDS AND THE LAWS OF YOUR STATE. YOUR USE OF ANY CONTENT, SERVICE, OR BTRG or Bigtime Global PLATFORM (AND OR ANY REFERENCE SITE OR THIRD-PARTY SERVICE PROVIDERS OR VENDORS) IS AT YOUR OWN RISK. BTRG or Bigtime Global AND ANY ATTORNEYS WHO PARTICIPATED IN PROVIDING OR MODIFYING ANY CONTENT OR SERVICE EXPRESSLY DISCLAIM ANY WARRANTY: NO ATTORNEY-CLIENT RELATIONSHIP IS BEING CREATED OR ENTERED INTO BY PROVIDING CONTENT, GUIDANCE, INSTRUCTIONS, SERVICE, OTHER INFORMATION, OR ACCESS TO ANY BTRG or Bigtime Global PLATFORM TO YOU.
98. BTRG or Bigtime Global, FOR ITSELF AND ITS LICENSORS, DISCLAIMS AND MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ANY BTRG or Bigtime Global PLATFORM, SERVICES, OR CONTENT, (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) INCLUDING RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH ANY BTRG or Bigtime Global PLATFORM, SERVICE, OR CONTENT (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH BTRG or Bigtime Global PLATFORM, THE SERVICES, CONTENT, AND ANY INFORMATION OR MATERIAL (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) CONTAINED OR PRESENTED ON OR THROUGH EACH BTRG or Bigtime Global PLATFORM IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE", AND "WHERE IS" BASIS WITH NO WARRANTY OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL BTRG or Bigtime Global, OR ITS AGENTS, OFFICERS, OR ATTORNEYS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY BTRG or Bigtime Global PLATFORM, SERVICE, OR CONTENT (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), EVEN IF BTRG or Bigtime Global HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
99. BTRG or Bigtime Global MAY INTERRUPT ANY BTRG or Bigtime Global PLATFORM OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER.
100.BTRG or Bigtime Global DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
101.THE SECURITY MEASURES USED BY BTRG or Bigtime Global TO PROTECT ANY BTRG or Bigtime Global PLATFORM, SERVICE, OR CONTENT ARE USED IN CONJUNCTION WITH SUCH CONTENT "AS IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, HACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
LIMITATIONS OF LIABILITY AND DAMAGES (LIMITATION OF LIABILITY)
102.TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL BTRG or Bigtime Global BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF BTRG or Bigtime Global KNOWS OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
LIMITATION OF DAMAGES
103.TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT WILL BTRG or Bigtime Global OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, ATTORNEYS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, OR YOUR USE OF ANY BTRG or Bigtime Global PLATFORM, SERVICE, CONTENT, OR REFERENCE SITES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY BTRG or Bigtime Global PLATFORM OR OBTAINING ANY SERVICES, OR CONTENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
104.You acknowledge that the BTRG or Bigtime Global Services and BTRG or Bigtime Global Platform, including the mobile applications, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United Kingdom government. You agree that you will comply with these laws and regulations and will not export or re-export any part of the BTRG or Bigtime Global Services or BTRG or Bigtime Global Platform, in violation of these laws and regulations, directly or indirectly.
TERMINATION: TERMINATION BY BTRG or Bigtime Global
105.BTRG or Bigtime Global may, in its sole discretion, for any or no reason for any action that BTRG or Bigtime Global determines in its sole discretion is inappropriate or disruptive, and without penalty, terminate and/or suspend your account and access and your ability to post, upload to any BTRG or Bigtime Global Platform, Service, or Content and refuse, delete, or remove any Content, with or without notice.
106.If BTRG or Bigtime Global terminates your access to any BTRG or Bigtime Global Platform, Service, or Content, BTRG or Bigtime Global may delete your user profile(s) but will not be obligated to and may delete any Content that you have provided in connection with any BTRG or Bigtime Global Platform, including User Content that you have not made available to others. BTRG or Bigtime Global has the right to terminate any password-restricted account for any reason.
107.BTRG or Bigtime Global may report to law enforcement authorities any actions that it believes may be illegal, and any reports it receives of such conduct. When legally required or at BTRG or Bigtime Global's sole discretion, BTRG or Bigtime Global may cooperate with law enforcement agencies and may disclose information that it has about you in any investigation of alleged illegal activity through your use of the BTRG or Bigtime Global Services, on a BTRG or Bigtime Global Platform or on the Internet.
TERMINATION BY YOU
108.Your only remedy with respect to any breach by BTRG or Bigtime Global of any of the Terms, violation of any right or law, or dissatisfaction with any BTRG or Bigtime Global Platform, Service, or Content, is to terminate your account and discontinue using any and all parts of the BTRG or Bigtime Global Services, products, websites or applications or refer to any form of association to us of our brand(s).
109.INDEMNIFICATION AND RELEASE:
110.You agree to indemnify, defend, save, and hold harmless BTRG or Bigtime Global, its parent and affiliated companies, contractors, employees, agents, attorneys, and its third-party suppliers, licensors, and partners, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of any BTRG or Bigtime Global Platform, Service, Content, any violation by you of any term of these Terms. BTRG or Bigtime Global reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify, defend, or hold harmless BTRG or Bigtime Global, and you agree to cooperate with BTRG or Bigtime Global's defence of these claims
111.Users are responsible for their acts and omissions and content placed on any BTRG or Bigtime Global Platform. In the event that you have a dispute with or claim against one or more users, you release BTRG or Bigtime Global (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns, and in any private capacity thereof) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a United Kingdom resident, you waive United Kingdom Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
112.United Kingdom SAR law governs this Agreement without regard to its conflicts of law’s provisions.
113.DISPUTES (See SUB-SECTION: From 124.1 to 124.21.H (NOTICE REGARDING DISPUTE RESOLUTION)
114.ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply United Kingdom law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND Bigtime Radio, TV & Entertainment Group LTD and/or Bigtime Global LTD ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
115.To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim by following 39 SUB-SECTION: From 39.1 to 39.21.H (NOTICE REGARDING DISPUTE RESOLUTION) in care of our registered agent Corporation Service Company: CRS
117.From time to time, BTRG or Bigtime Global may, at its sole discretion, include new and/or updated beta features ("Beta Features") in the BTRG or Bigtime Global Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and BTRG or Bigtime Global is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
SOCIAL MEDIA SITES
119.BTRG or Bigtime Global's failure to enforce any term or provision of the Terms is not a waiver of such term. Upon expiration or termination of the Terms, any provision which logically, by its nature, or by express terms should survive, will survive such termination or expiration.
120.If any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
121.a. The Terms and any rights and licenses granted hereunder, may not be transferred, or assigned by You, but may be assigned by BTRG or Bigtime Global without restriction; any assignment attempted to be made in violation of the Terms shall be void.
121.b. BTRG,www.bigtime.radioor Bigtime Global, shall honour each Digital Package; Ruby, Gold, Gold+, Platinum, Platinum+ and Elite for no more than 6 months, supporting the efforts of your submitted single/track promotional campaign efforts (only), which you would have submitted to us by way of the ‘A&R and Radio Rotations Assessment Form’. After 6 months we reserve the right to recycle and remove your current Single/Album (Unless you have submitted a new Single/Track by way of a new purchased Package) from Our associated brands, radio station website and Bigtime Global website thereafter. Reserving our position in keeping up to date with the latest and most current music and content. By way of accepting our terms of service you agree that Bigtime Radio Airplay, is a free service within the construct of our Digital packages, and we reserve the right to stop playing your music or interviews, at any point we feel it appropriate, to stay up to date with fresh and new content as per radio rotation teams requests within our group. We also reserve the right of radio station Airplay time and period, while also making sure the music is of a radio level quality as detailed in our terms of service. Your track submission will undergo our A&R and radio assessment with feedback, we therefore reserve the right to deem a level of commercial radio quality of production, mixing, mastering and subject to the content within your track/single for Our Radio Airplay Teams approval over our Radio Stations, and all of our social media and internet channels. Use of the Artist tools, provided free within our Digital Packages, are also by way of these terms’ acceptance in the purchase process of services you request from Bigtime Global, which shall allow you use of the Artists Tools by way of educational means and guidance only, we are not a legal entity, however these serve to assist you by way of best endeavours in Good Faith to assist Artist educationally, so to avoid the pitfalls so many artist face within the industry. It is always advised when doing any legal contract that you seek legal advice, we are not a legal company, by use of our products defined within our terms of service and use thereof, you agree and acknowledge to our terms. Radio Plugging, will run for no longer than a maximum of 8 – 12 weeks, unless you have purchased an Elite package which we reserve the right to define with the Artist over Zoom calls to detail out the period we both agree will be effective for their Campaign.
121.c Termination, you may at any time by way of your written request of termination, of your content or music.
122.The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
124.SUB-SECTION: From 124.1 to 124.21.H (NOTICE REGARDING DISPUTE RESOLUTION)
NOTICE REGARDING DISPUTE RESOLUTION:
Please read these Terms carefully and check them regularly as they may change from time to time, per Section 3, below.
PLEASE NOTE: Each of our products, services, or competitions or promotional sweepstakes (the “Services/products of Competitions”) offered on any of our Websites are also governed by additional terms and conditions as set out above. Prior to participating in any Experience please carefully read the Experience Rules (located on each Experience webpage on the Website) and the OFFICIAL RULES LINK (We are not running competitions until Q2/3 in 2022 - therefore our Rules are not as yet published)
2. YOUR ACCEPTANCE OF THESE TERMS: These Terms constitute a binding contract between you and BTRG LTD & BIGTIME GLOBAL LTD. Your use of the Services in any way signifies that you accept and agree to these Terms, including any modifications that BTRG LTD & BIGTIME GLOBAL LTD makes from time to time. If you do not wish to be bound by these Terms, you may not access or use the Service.
3. CHANGES TO THESE TERMS: BTRG LTD & BIGTIME GLOBAL LTD may modify these Terms at any time, in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are responsible for checking these Terms regularly to ensure that you understand the Terms that apply at the time of your access to or use of the Services.
4. AGE REQUIREMENT: You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to use the Services. or Under 18 years that you follow the rules under the 'YOUR ACCEPTANCE OF THESE TERMS' under Parental Supervision and consent.
5. ACCESS TO THE SERVICES: The Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third party. We may, in our sole discretion, change, modify and/or refuse to offer some of all the Services to any person and change the eligibility criteria at any time. Any right to access and use the Services is automatically revoked where these Terms, or use of the Services, is prohibited or conflicts with any applicable law, rule, or regulation.
(A) LIMITING OR MODIFYING THE SERVICES: We reserve the right to withdraw, limit or otherwise modify the Services, in our sole discretion without notice. We will not be liable if for any reason all or any portion of the Services are unavailable at any time or for any period.
(B) INTERNET ACCESS: You are solely responsible for making all arrangements necessary for you to have access to the Services, including, without limitation, securing internet connections, and for any telecommunication fees.
6. ACCOUNT REGISTRATION AND SECURITY: To enjoy full access and use of our Services, you may be asked to provide certain registration details or other information so to create a user account (an “Account”).
(A) ACCOUNT INFORMATION: It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable. You agree to promptly notify us if any of your information changes or is inaccurate.
(B) ACCOUNT SECURITY: Your account is for your personal use only. You may not allow others to use your Account and may not or transfer your Account to any other person or entity. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Services. You are responsible for all activity that occurs under your account, including any activity by unauthorised users. If you suspect or know of unauthorised access to your account, change your password and immediately notify BTRG LTD & BIGTIME GLOBAL LTD by sending an email to firstname.lastname@example.org
7. TERMINATION OF RIGHT TO USE; ACCOUNT DELETION: We have the right to suspend, delete and/or disable any Account (or any part thereof) or block or remove any User Contribution (as defined in Section 11, below) for any lawful reason, including if we determine that you have violated these Terms or that your conduct or User Contribution would tend to damage BTRG LTD & BIGTIME GLOBAL LTD’s reputation or goodwill. If BTRG LTD & BIGTIME GLOBAL LTD deletes your account or terminates your permission to use the Services, you may not re-register for or continue to use the Service under any other email or Account without explicit permission by BTRG LTD & BIGTIME GLOBAL LTD.
9. LIMITED PERMISSION TO USE THE SERVICES:
(A) LIMITED LICENSE: Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Services, BTRG LTD & BIGTIME GLOBAL LTD grants to you a revocable, limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to use the Services for your personal, non-commercial use only. You may not copy, modify, reverse engineer, disassemble, or create derivative works based on the Services, distribute, sell, grant rights in or to the Services, publicly display, republish, download, store, or transmit any of the Services, except as follows:
i. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and using the Services.
ii. You may store files that are automatically cached by your web browser for display enhancement purposes.
iii. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
iv. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
v. If we provide social media features with certain content, you may take such actions as are enabled by such features.
This license will remain in effect unless and until you violate these Terms, or this license is terminated by you or BTRG LTD & BIGTIME GLOBAL LTD. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. BTRG LTD & BIGTIME GLOBAL LTD, in its sole discretion, may at any time for any reason suspend or terminate any license hereunder without prior notice.
(B) BTRG LTD & BIGTIME GLOBAL LTD INTELLECTUAL PROPERTY: The interfaces, content, arrangement and layout of the Website including, but not limited to, the BTRG LTD & BIGTIME GLOBAL LTD trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information, and other content, and any compilation of the foregoing (“BTRG LTD & BIGTIME GLOBAL LTD Intellectual Property”) are the property of BTRG LTD & BIGTIME GLOBAL LTD, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under the United States and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of BTRG LTD & BIGTIME GLOBAL LTD. All modifications and enhancements to the Services remain the sole property of BTRG LTD & BIGTIME GLOBAL LTD. You understand and acknowledge that, by using the Services, you do not acquire or obtain by implication or otherwise, any license or right to use any of the BTRG LTD & BIGTIME GLOBAL LTD Intellectual Property in any manner not expressly permitted under these Terms.
10. GENERAL PROHIBITIONS AND BTRG LTD & BIGTIME GLOBAL LTD'S ENFORCEMENT RIGHTS: You may use the Services only for lawful purposes and in accordance with these Terms. Additionally, you agree that you will not do any of the following:
(A) Impersonate or misrepresent your affiliation with any person or entity.
(B) Interfere, or attempt to interfere, with the proper working of the Services.
(C) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms or permitted expressly in writing by BTRG LTD & BIGTIME GLOBAL LTD.
(D) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.
(E) Access, tamper with, or use non-public areas of the Services, BTRG LTD & BIGTIME GLOBAL LTD’s computer systems, or the technical delivery systems of BTRG LTD & BIGTIME GLOBAL LTD’s providers.
(F) Attempt to probe, scan or test the vulnerability of any BTRG LTD & BIGTIME GLOBAL LTD system or network or breach any security or authentication measures.
(G) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BTRG LTD & BIGTIME GLOBAL LTD or any of BTRG LTD & BIGTIME GLOBAL LTD’s providers or any other third party (including another user) to protect the Services, systems, or other content.
(H) Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the Services.
(I) Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Services, including their ability to engage in real-time activities through the Website.
(J) Use any robot, spider, or another automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of any information or materials.
(K) Use any manual process to access, monitor or copy any information or materials, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
(L) Collect or store any personally identifiable information from other users of the Services.
(M) Use any device, software, or routine that interferes with the proper working of the Services.
(N) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(O) Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website of Software, the servers on which the Website of Software are stored, or any other server, computer, or database connected to the Services.
(P) Attack the Website, or any other server, computer, or database connected to the Services, via a denial-of-service attack or a distributed denial-of-service attack.
(Q) Use, display, mirror or frame the Services or any individual element within the Services, BTRG LTD & BIGTIME GLOBAL LTD’s name, any BTRG LTD & BIGTIME GLOBAL LTD trademark, logo or other proprietary information, or the layout and design of any page or copy contained on a page, without BTRG LTD & BIGTIME GLOBAL LTD’s express written consent.
(R) Use any meta tags or other hidden text or metadata utilizing a BTRG LTD & BIGTIME GLOBAL LTD trademark, logo URL or product name without BTRG LTD & BIGTIME GLOBAL LTD’s express written consent.
(S) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or User Contributions to send altered, deceptive, or false source-identifying information.
(T) Send any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation.
(U) Post, upload, publish, submit, or transmit any User Contribution or engage in any activity that:
i. infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
ii. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
iii. is fraudulent, false, misleading, or deceptive.
iv. is defamatory, obscene, pornographic, vulgar, or offensive.
v. promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
vi. is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity.
vii. publishes the confidential, proprietary, or personal information of any other person or entity.
viii. exploits minors.
ix. promotes illegal or harmful activities or substances.
(V) Encourage or enable any other individual to do any of the foregoing to otherwise violate these Terms.
Although we’re not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the Services and BTRG LTD & BIGTIME GLOBAL LTD’s systems. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. USER CONTRIBUTIONS: The Services may include platforms, boards, profiles, forums, chat features and/or other interactive features (collectively, the “Interactive Services”) that allow users to post, submit, publish, display, or transmit to BTRG LTD & BIGTIME GLOBAL LTD, to other users or to other persons generally (hereinafter, “post”) content or materials through or in connection with the use of any of our Services (collectively, “User Contributions”). We do guarantee that other users or third-parties will not use the User Contributions that you post. If you have ideas and/or information that you want to remain confidential and/or do not want us or others to use, do not post them. We shall have no responsibility to evaluate, use or compensate you for any User Contribution. Further, we are under no obligation to oversee, monitor, or moderate any Interactive Service we provide. You may be able to remove your User Contributions by specifically deleting it, but we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Contributions.
(A) NON-CONFIDENTIAL AND NON-PROPRIETARY: Any User Contribution, whether publicly posted or privately transmitted, will be considered non-confidential and non-proprietary.
(B) LICENSE TO USE USER CONTRIBUTIONS: You explicitly grant BTRG LTD & BIGTIME GLOBAL LTD and its service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Contribution (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without any attribution and/or compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Contribution(s). You further grant all users of the Services permission to view your User Contribution(s) for their personal, non-commercial purposes. If you make suggestions to BTRG LTD & BIGTIME GLOBAL LTD or through the Services about improving or adding new features or products to the Services or you otherwise provide feedback, product or service reviews or testimonials, you hereby grant to BTRG LTD & BIGTIME GLOBAL LTD a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable royalty-free license and right to use, copy, modify, create derivative works based upon and otherwise exploit your suggestions, feedback, reviews and testimonials for any purpose (including for marketing), without any notice, compensation or other obligation to you.
(C) YOUR RESPONSIBILITY FOR YOUR USER CONTRIBUTIONS: Any User Contribution, whether publicly posted or privately transmitted, is the sole responsibility of the person who posted such User Contribution. By posting any User Contribution, you represent and warrant that:
i. You are not a minor.
ii. You represent that you own (or have all rights necessary to grant BTRG LTD & BIGTIME GLOBAL LTD the license above to) all the User Contributions you may post, and that BTRG LTD & BIGTIME GLOBAL LTD will not need to obtain licenses from any third-party or pay royalties to any third-party to use such User Contribution(s).
iii. All of your User Contributions do and will comply with these Terms and any content standard stated herein.
(D) MONITORING AND ENFORCEMENT: We do not undertake to review all User Contributions before they are posted have and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability or responsibility to anyone for any action or inaction regarding transmissions, communications, or content provided by any user or third-party. We have no liability for the performance or nonperformance of the activities described in this section. However, we reserve the right to: (i) remove or refuse to post any User Contribution for any or no reason in our sole discretion, (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, (iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and (iv) take appropriate legal action for any illegal or unauthorised use of the Services.
12. THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT: BTRG LTD & BIGTIME GLOBAL LTD respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Contribution does not infringe any third-party’s right or other intellectual property rights. If you believe that the Services or any User Contribution contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please submit written notice to us at Support@bigtime.radio with the Heading "IP Infringement" in accordance with this section.
(A) COPYRIGHT INFRINGEMENT: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice to our copyright agent (contact information below) containing the following information:
i. Your name, address, telephone number, and email address.
ii. A description of the copyrighted work that you claim has been infringed.
iii. A description of where on the BTRG LTD & BIGTIME GLOBAL LTD Services the material that you claim is infringing may be found, sufficient for BTRG LTD & BIGTIME GLOBAL LTD to locate the material (e.g., the URL).
iv. A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
v. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
vi. Your electronic or physical signature.
You may submit this information, or any counter-notice, via:
Email:email@example.com (with the subject line “Copyright Notices”)
Attn: Copyright Agent
BIGTIME, RADIO, TV & ENTERTAINMENT GROUP
BIGTIME Radio TV Group Ltd
PO Box 4356
If properly notified that any materials infringe a third-party’s copyright, we will promptly remove such materials from the BTRG LTD & BIGTIME GLOBAL LTD Services in accordance with the U.S. Digital Millennium Copyright Act (“DCMA”), the U.K. Copyright Designs and Patents Act 1988 (“CDPA”), the U.K. Digital Economy Act 2010 (“DEA”), or equivalent laws which are applicable in other jurisdictions. In addition, BTRG LTD & BIGTIME GLOBAL LTD may, when appropriate, terminate the Accounts and license hereunder of repeat copyright infringers.
BTRG LTD & BIGTIME GLOBAL LTD may disclose any communications, including your contact information, concerning DMCA, CPDA, DEA or other applicable copyright notices or other intellectual property complaints with third-parties, including to the users who have posted the allegedly infringing material.
13. THIRD-PARTY PRODUCTS: Third-party services, content, information, and products may be made available by BTRG LTD & BIGTIME GLOBAL LTD on or through the Website (“Third-Party Products”). Third-Party Products are provided solely for the convenience of our users and BTRG LTD & BIGTIME GLOBAL LTD makes no representations or warranties regarding any Third-Party Products and takes no responsibility and assumes no liability for any Third-Party Products. Third-Party Products are subject to the applicable terms and policies of the third-parties that offer them.
LINKS FROM THE WEBSITE: The Website may contain links to websites operated by other parties. BTRG LTD & BIGTIME GLOBAL LTD provides these links to other websites as a convenience and the use of these sites is at your own risk. The linked sites are not under the control of BTRG LTD & BIGTIME GLOBAL LTD, and BTRG LTD & BIGTIME GLOBAL LTD is not responsible for the content available on the other sites. Such links do not imply BTRG LTD & BIGTIME GLOBAL LTD’s endorsement of information or material on any other site and BTRG LTD & BIGTIME GLOBAL LTD disclaims all liability regarding your access to and use of such linked websites.
(B) LINKS TO THE WEBSITE: You may not place a link to the Website on another website without our prior written consent and, without limiting the foregoing, you must adhere to BTRG LTD & BIGTIME GLOBAL LTD’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with BTRG LTD & BIGTIME GLOBAL LTD and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with BTRG LTD & BIGTIME GLOBAL LTD, (iii) when selected by a user, the link must display the Website on full-screen and not within a frame on the linking site, and (iv) BTRG LTD & BIGTIME GLOBAL LTD reserves the right to revoke its consent to the link at any time and in its sole discretion.
15. DISCLAIMER OF WARRANTIES: THE SERVICES ARE PROVIDED ON AN AS-IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BTRG LTD & BIGTIME GLOBAL LTD MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SERVICES IS AT YOUR SOLE RISK. BTRG LTD & BIGTIME GLOBAL LTD DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BTRG LTD & BIGTIME GLOBAL LTD PROVIDES NO WARRANTY OR GUARANTEE OF ANY KIND THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
16. INDEMNIFICATION: You agree to defend, indemnify, release, and hold harmless BTRG LTD & BIGTIME GLOBAL LTD and its parents, subsidiaries, and affiliated companies, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons or property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to (i) your use or misuse of the Website or the Software, (ii) your breach or alleged breach of these Terms, including, but not limited to a breach or alleged breach of any representation or warranty by you in these Terms; (iii) your violation of any law, rule, regulation, or rights of others in connection with your use of the Services, or (iv) infringement, violation, or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the User Submissions that you post on the Website or transmit through the Software.
17. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES ARE NOT RESPONSIBLE AND WILL HAVE NO OBLIGATION OR LIABILITY RESULTING FROM (I) INCORRECT OR INCOMPLETE INFORMATION, WHETHER CAUSED BY YOU OR OTHERWISE, TECHNICAL ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR utilised BY BTRG LTD & BIGTIME GLOBAL LTD; (II) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO OUTAGES, MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE OR SCHEDULED OR UNSCHEDULED MAINTENANCE; (III) THE USE OR THE INABILITY TO USE THE SERVICES; (IV) unauthorised ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (VI) ANY OTHER MATTER RELATING TO THE SERVICES; (VI) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR (VII) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF BTRG LTD & BIGTIME GLOBAL LTD AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BTRG LTD & BIGTIME GLOBAL LTD’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS AND ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE OR ANY PORTION OF THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE THE USE OF THE WEBSITE AND THE SOFTWARE. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the liability of BTRG LTD & BIGTIME GLOBAL LTD and its affiliates hereunder shall be limited to the fullest extent permitted by law.
18. BINDING ARBITRATION, NO CLASS ACTION:
Please read this section carefully. you understand and agree that you waive your right to sue or go to court to assert or defend your rights connected with these Terms.
(A) MANDATORY ARBITRATION OF DISPUTES: We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, including the determination of the scope or applicability of this arbitration provision (each, a “Claim”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and BTRG LTD & BIGTIME GLOBAL LTD agree that the UK Arbitration Act (or equivalent laws in the jurisdiction in which the BTRG LTD & BIGTIME GLOBAL LTD entity that you have contracted with is incorporated) governs the interpretation and enforcement of these Terms and that this arbitration provision shall survive termination of these Terms.
(B) CLASS ACTION WAIVER: You and BTRG LTD & BIGTIME GLOBAL LTD each agree that either of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, neither You/ Or your legal representative, nor the arbitrator may consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section 18 shall be null and void.
(C) LIMITED REMEDIES: Additionally, except as may be provided for in Subsection 18(D), below, or prohibited by law, we each agree that, for any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services, our remedies are limited to a claim for money damages (if any) and we each irrevocably waive any right to seek injunctive or equitable relief.
(D) EXCEPTIONS AND OPT-OUT: Notwithstanding Subsections 18(A) and (B), above, we each retain the right to:
i. seek to resolve a Claim in small claims court if it qualifies; and
ii. seek injunctive or other equitable relief from a court of competent jurisdiction to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
In addition, you will retain the right to opt-out of arbitration entirely and litigate any Claim if you provide us with written notice of your desire to do so by regular mail sent to the attention of BTRG LTD & BIGTIME GLOBAL LTD’s Legal Department at the BTRG LTD & BIGTIME GLOBAL LTD address set out in Section 21(C), below, within 30 days following the date you first agree to these Terms. If BTRG LTD & BIGTIME GLOBAL LTD changes any of the terms of this Section 18 after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Effective” date above. By rejecting any change, you are agreeing that you will arbitrate any Claim between you and BTRG LTD & BIGTIME GLOBAL LTD in accordance with the terms of this Section 18 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
(E) DISPUTE RESOLUTION AND NOTIFICATION OF CLAIMS: Prior to bringing a Claim you and BTRG LTD & BIGTIME GLOBAL LTD each agree to notify the other party and attempt, in good faith, to negotiate an informal resolution. To begin this process, before initiating any arbitration proceeding, the party seeking to bring a Claim must send a Notice of Claim (“Notice”) by certified mail to the other party. All Notices to BTRG LTD & BIGTIME GLOBAL LTD must be sent to the BTRG LTD & BIGTIME GLOBAL LTD address set out in Section 21(C), below. The Notice must describe the nature and basis of the Claim and the relief sought. If we are unable to resolve the potential Claim within 60 days after receipt of the Notice, then you or BTRG LTD & BIGTIME GLOBAL LTD may initiate arbitration proceedings as set out below.
(F) ARBITRATION PROCESS AND RULES: Any arbitration will be conducted by CRS pursuant to its procedural rules for commercial disputes (“CRS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The CRS Rules are available athttps://www.charlesrussellspeechlys.com/. A party who wishes to start arbitration must submit a written Demand for Arbitration to CRS and give notice to the other party as specified in the CRS Rules. CRS provides a form Demand for Arbitration athttps://www.charlesrussellspeechlys.com/. CRS will appoint an arbitrator. When practical, the arbitrator should have prior subject matter knowledge and familiarity with the music industry and competitions like sweepstakes and/or fundraising laws in the jurisdiction in which the BTRG LTD & BIGTIME GLOBAL LTD entity that you have contracted with is incorporated. The arbitration may be conducted via video conference or in-person in the county (or other municipality) where you live unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement. During the arbitration, both you and BTRG LTD & BIGTIME GLOBAL LTD may take one deposition of the opposing party, limited to 4 hours. If we cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the parties to these Terms.
(G) ARBITRATION COSTS: Payment of all filing, administration and arbitrator fees will be governed by the CRS's appointed Arbitrator Organisation or under LCIA Rules. If you assert a claim against BTRG LTD & BIGTIME GLOBAL LTD, you will be responsible for paying the consumer filing fee. BTRG LTD & BIGTIME GLOBAL LTD will pay for all other CRS-included fees (including filing, administration, and arbitrator fees and expenses). Each party shall pay its own attorneys’ fees and any other costs it incurs. If any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
(H) CONFIDENTIALITY: To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. You and BTRG LTD & BIGTIME GLOBAL LTD agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Wilmington County, Delaware, or the United States District Court for the District of Delaware (or in the jurisdiction in which the BTRG LTD & BIGTIME GLOBAL LTD entity that you have contracted with is incorporated).
(I) SEVERABILITY: If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures established by CRS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
If you contracted with BTRG LTD & BIGTIME GLOBAL LTD, all matters relating to the Services and/or these Terms, and any dispute or Claim arising therefrom or related thereto (in each case, including non-contractual disputes or Claims), shall be governed by and construed in accordance with the laws of England and Wales.
Subject to the arbitration provision and class action waiver in Section 18, above, if you contract with BTRG LTD & BIGTIME GLOBAL LTD, exclusive jurisdiction for all Claims will be required to be arbitrated within the laws of England and Wales.
20. LIMITATION OF TIME TO FILE CLAIMS: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
(A) RELATIONSHIP OF PARTIES: You agree that no joint venture, partnership, employment, or agency relationship exists between you and BTRG LTD & BIGTIME GLOBAL LTD because of these Terms or your use of the Services.
(B) ASSIGNMENT: BTRG LTD & BIGTIME GLOBAL LTD may assign these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign these Terms without BTRG LTD & BIGTIME GLOBAL LTD's prior written consent, and any unauthorised assignment by you shall be null and void ab initio.
(C) NOTICES: All notices given by you or required under these Terms shall be in writing and addressed to: BTRG LTD & BIGTIME GLOBAL LTD, General Counsel’s Office,
(D) EQUITABLE REMEDIES: You hereby agree that BTRG LTD & BIGTIME GLOBAL LTD would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
(E) FORCE MAJEURE: Neither you or BTRG LTD & BIGTIME GLOBAL LTD, will be liable for any failure or delay in performance under these for causes beyond the other party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labour problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-performing party through the use of commercially reasonable, alternate sources.
(F) WAIVER AND SEVERABILITY: Our failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each such provision thereafter. The express waiver by us of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any of the provisions of these Terms is found to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
(G) ENTIRE AGREEMENT: These Terms, including Official Rules and Experience Rules, as well as any other documents, rules or policies expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
(H) YOUR COMMENTS AND CONCERNS: The Website is operated by BTRG LTD & BIGTIME GLOBAL LTD, Inc.. All notices of copyright infringement claims should be sent to the copyright agent designated in the Copyright Infringement provision, Section 12(A), in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: firstname.lastname@example.org.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.
"BTRG or Bigtime Global" may, in its sole discretion, prohibit any user from using the "BTRG or Bigtime Global" Services at any time for any reason. "BTRG or Bigtime Global" is not liable for any damage or loss of any kind whatsoever resulting from such prohibition.
"BTRG or Bigtime Global" reserves the right to modify or terminate the "BTRG or Bigtime Global" Services or your access to the "BTRG or Bigtime Global" Services for any reason, without notice, at any time, and without liability to you.
"BTRG or Bigtime Global" reserves the right to refuse access to the "BTRG or Bigtime Global" Services to anyone for any reason at any time.
The "BTRG or Bigtime Global" Services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that "BTRG or Bigtime Global" may place such advertising and promotions on the "BTRG or Bigtime Global" Services. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
You acknowledge that "BTRG or Bigtime Global" may not always identify paid services, sponsored content, or commercial communications as such.
All content and materials available on the "BTRG or Bigtime Global" Services, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of "BTRG or Bigtime Global" or its licensors, and are protected by applicable intellectual property law. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell, or re-sell any content or information obtained from or through the "BTRG or Bigtime Global" Services.
You may not use the "BTRG or Bigtime Global" Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (including without limitation federal, state, provincial, municipal and local) applicable to your use of the "BTRG or Bigtime Global" Services. You further agree not to submit any content to the "BTRG or Bigtime Global" Services that constitutes unsolicited advertising or junk or that is unlawful, threatening, abusive, harassing, defamatory, or otherwise intimidating to others.
B. THIRD-PARTY SITES
D. LIMITATION OF WARRANTIES AND LIABILITY
By using the "BTRG or Bigtime Global" Services, you understand and agree that all the "BTRG or Bigtime Global" Services are provided "as is" and "as available". This means that we do not represent or warrant to you that:
Furthermore, you understand and agree that:
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of the "BTRG or Bigtime Global" Services.
In no event shall "BTRG or Bigtime Global" be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the "BTRG or Bigtime Global" Services, the content and other information obtained therein.
Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages; thus the above limitations may not apply to you.
F. INTERNATIONAL USE
Although the "BTRG or Bigtime Global" Services may be accessible worldwide, we make no representation that materials on "BTRG or Bigtime Global" Services are appropriate or available for use in locations outside UK, or the United States, and accessing them from territories or jurisdictions where their contents are illegal is prohibited. Those who choose to access the "BTRG or Bigtime Global" Services from other locations do so on their own initiative and are responsible for compliance with local country laws. Any offer for any product, service, and/or information made in connection with the "BTRG or Bigtime Global" Services is void where prohibited.
G. GOVERNING LAW; MISCELLANEOUS
H. CONTACT INFORMATION
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us using the contact information noted on our website "BTRG or Bigtime Global" onhttps://music.bigtime.radio/bigtimeglobal.nsf/index.xsp
Last updated on 02/02/2022.
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