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Last Updated: August 2, 2022
This customer agreement (this “Agreement”) between you (“Member,” “you,” “Subscriber,” or “your”) and Epic Radio IP Inc. (the “Company,” “us,” “our” or “we”) applies to your paid, trial, advertising-supported or other subscription/membership (“Subscription”) to our internet “IP” radio service ("IP Radio”), and any other service we may offer.
Memberships are available to a variety of programming packages, and we refer to them in this Agreement as "Packages." Memberships are also available in a variety of recurring payment plans, and we refer to them in this Agreement as "Plans." Not all Plans are available for all Packages. You have the right to change your Package and your Plan. We reserve the right to change, rearrange, add, or delete content on the Service or in any Package at any time, without notice. Further, we may modify, offer additional, or cease offering certain Packages or Plans at any time, including adjusting pricing for any Package, fees or components thereof, or modifying the availability of or eligibility requirements for certain Packages or Plans. We reserve the right to migrate you to another Package or Plan at any time.
A. HOW TO CANCEL:
You may cancel your Membership at any time. You may login to your online account and select the Membership Cancel page and follow the instructions provided. You may also send an email to Customer Support at: email@example.com, and state that you wish to cancel your membership. Our agents will proceed to cancel your membership and may contact you if any questions exist regarding your requested cancellation. Your cancellation will be effective on the date we receive your notification or on a later date that you request. There is no cancellation fee. There will not be any pro-rated reimbursements of any unused portion of your Membership. You may continue to access the Service until your paid Membership terminates. We may cancel your Membership if you fail to pay for your Membership, breach this Agreement, or for any other reason in our sole discretion. IF YOUR MEMBERSHIP IS CANCELLED, YOU ARE RESPONSIBLE FOR PAYMENT OF ANY OUTSTANDING BALANCES ON YOUR ACCOUNT, INCLUDING ANY FEES YOU MAY INCUR OR MAY HAVE INCURRED.
B. AUTOMATIC RENEWAL:
A paid Membership, including those with a free or discounted introductory period, will continue for the length of your selected paid Plan ("Membership Term") and will automatically renew for additional like periods or any other length described in the offer, unless you cancel prior to that renewal, your Membership is cancelled by us, or you select a different Plan. Your account will automatically be charged (or you will be billed, as applicable) at the rates in effect at the time of each renewal, plus fees and taxes. If you do not accept the change in pricing, you have the right to reject the change by cancelling your Membership prior to the change taking effect. Changes in pricing will take effect at the start of the next Membership period following the date of the price change. We may, at our option, process your renewal on a month-to-month basis.
C. CHANGES IN TERMS:
WE RESERVE THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME. ANY CHANGES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS AT www.myepicradio.com WHICH IS REFLECTED IN THE DATE LAST UPDATED. FOR EXISTING ACTIVE MEMBERSHIPS, SUCH CHANGES SHALL BE EFFECTIVE THIRTY (30) DAYS AFTER POSTING OF THE REVISIONS AT www.myepicradio.com . YOUR CONTINUED USE OF THE SERVICE AFTER THAT DATE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. If you access the Service through a mobile device, such changes may also be communicated through updated versions of the Service software, which you consent to receive without further notice.
D. PACKAGES AND PLANS:
E. FINANCIAL MATTERS:
If you purchase a paid Membership, you agree to pay us in advance as follows:
F. USE OF SERVICE:
1. Eligibility: You must be at least 18 years old to purchase a Membership.
2. Service Area: We offer the IP Radio Service in the 48 contiguous United States and the District of Columbia. Service is not extended to neighboring Canada and South American countries.
3. IP Radio Service: You may use the IP Radio Service on one device at a time per Membership, unless otherwise described in our offer. The IP Radio Service is intended to be enjoyed within the Service Area only. Any manipulation of the Service or “spoofing” of a web device or any other activities undertaken to deliver a false geographical location or any other false information to our servers is a violation of this Agreement.
4. Personal Use of the Service: The Service is provided only for your personal, non-commercial enjoyment. You may not make commercial use, charge admission for listening to or distribute playlists of our programming. Should your username and/or password be lost or stolen go to https://myepicradio.com to change it immediately.
5. Recorded Content: Certain types of devices have the ability to record programming transmitted over the Service (“Recorded Content”). Subject to applicable laws, you may access such Recorded Content only as long as you pay your Membership. We reserve the right to change, reduce, eliminate or charge a fee for this and/or any related functionality.
6. Service Interruptions: The IP Radio Service may be unavailable or interrupted for a variety of reasons, many of which we cannot control. It may be unavailable or interrupted from time to time as a result of difficulties with the Internet generally or other things we cannot control. Your use of the Service may count toward your data usage, depending on the terms of your agreement with your Internet service provider. Epic Radio IP will not entertain any requests for refunds generally for short term service interruptions caused by factors outside of our control.
7. Advisory Nature of Services; User Responsibility; User Safety/Reliance; Parental Control: You assume the entire risk related to your use of the Service. The traffic, weather, marine weather, aviation weather, and other content and emergency alert information and data on the Service is not for "safety for life," but is merely advisory in nature. You should not rely on such information in any aircraft, sea craft, automobile, or any other usage, including disease or diagnosis. We are not responsible for any errors or inaccuracies in information provided over the Service or its use. Some programming includes explicit language. We are not responsible for content that you or anyone else may find offensive or inappropriate.
8. Service Updates: We reserve the right to automatically update the Service and related software, including providing bug fixes and other changes. These updates may happen automatically in the background at any time (and that they cannot be disabled by you). By using the Service, you hereby agree to receive such updates.
9. User Code of Conduct: You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Service. You are prohibited from using any services or facilities provided in connection with the Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., hacking, data mining, account stuffing, cracking tools or network probing tools) is strictly prohibited. If we believe that you have engaged in any of the fraudulent, deceptive or malicious activity in connection with your use of the Service, we reserve the right to take any action to remedy such activity, including termination of your account and other legal or corrective action.
10. User Submissions and Appearances: We are free to use and sublicense any comments, information, ideas, concepts, reviews, or techniques, or any other material including your name, likeness, personality, voice, and any other materials or information you provide to us or contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to our Website, mobile application(s), social media, blogs, forums, contests, appearances on our programming or at our events, in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including developing, manufacturing and marketing products and creating, modifying or improving our Service or use in our broadcasts. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
G. TECHNOLOGY AND CONTENT:
H. LIMITATION OF LIABILITY:
I. RESOLVING DISPUTES:
PLEASE READ THE PROVISIONS OF THIS SECTION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. YOU ARE HEREBY WAIVING THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR, OR A PANEL OF ARBITRATORS, INSTEAD OF A JUDGE OR JURY. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES RESOLVED THROUGH ARBITRATION.
Any legal or equitable claim relating to the Service, the Site, your Subscription or this Agreement (a "Claim"), will be resolved as follows:
THANK YOU FOR CHOOSING EPIC RADIO.