Terms of Service ("Terms")

Last updated: February 04, 2019
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the http://www.surfr.fm website (the "Service") operated by Surfr, LLC ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Service; Proprietary Rights; Grants of Rights
License to Service. Subject to the terms and conditions of these Terms, Surfr grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for the purpose of making the transmissions on and through your Station available to End-Users.
Restrictions on Use of Service. In connection with your use of the Service, you will comply with all applicable laws, rules and regulations. You will not, and will not permit any third party to: (a) copy, modify, translate, or create derivative works of the Service or the Directory; (b) reverse engineer, decompile, disassemble or otherwise attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service or the Directory; (c) lend, lease, offer for sale, sell or otherwise use the Service or the Directory for the benefit of third parties; or (d) attempt to circumvent any license, timing or use restrictions that are built into the Service or the Directory.
Ownership of Service. Except for the limited rights granted in Section 2(a) above, Surfr retains all right, title and interest, including all intellectual property rights, in and to the Service, including all enhancements, modifications and derivatives thereto. You agree to use the Service solely as authorized in these Terms. You further acknowledge that the license granted pursuant to these Terms is not a sale and does not transfer to you title or ownership of the Service or a copy of the Service, but only a right of limited use. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO Surfr.
Changes to the Service. Surfr may at its sole discretion and from time to time change, add or remove features and functionality of the Service without any notice to you and without liability to you.
Changes to these Terms. The Service is owned and operated by Surfr, and Surfr reserves the right to revise these Terms in an immaterial manner in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Service. Unless otherwise provided, revisions to these Terms are effective upon posting and your continued use of the Service after a revised version of these Terms has been posted by Surfr to the Service constitutes your binding acceptance of such revised Terms. These Terms will be identified as of the most recent date of revision, and you should visit this page periodically to ensure your continued compliance with and acceptance of the Terms. Notwithstanding the preceding sentences of this Section 2(i), no revisions to these Terms will apply to any dispute between you and Surfr that arose prior to the effective date of such revision.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@surfr.fm, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims".
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our Copyright Agent via email at support@surfr.fm
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Surfr LLC.
Surfr LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Surfr LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You hereby agree to indemnify and hold Surfr harmless from any claim, action, suit or proceeding made or brought against Surfr arising out of or related to your breach of any term of these Terms or the availability or Use of Your Content in the Directory or on or through the Service. Surfr will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Surfr is unable to communicate with you in a timely manner because of an inactive email address for you, than your indemnification obligation will continue notwithstanding Surfr?s inability to promptly contact you. You agree that Surfr will, at your expense, have sole control over any defense against any claim for which you are obligated to indemnify Surfr pursuant to this Section; provided, however, that you will at all times have the option to participate in any matter or litigation, including, but not limited to, participation through counsel of your own selection, if desired, at your own expense.
Limitation Of Liability
In no event shall Surfr LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Third Party Disputes
Any dispute you have with any third party in connection with your use of the service, including, without limitation, any end-user, is directly between you and such third party, and you irrevocably release Surfr (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Surfr LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Surfr LLC makes no claim of ownership over any artist, title, station or other streaming audio that is presented through our service. All respective content is copyright of the publisher, not Surfr, and all audio is streamed directly from third party servers.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Miscellaneous
Other Terms. Any information that Surfr obtains from you in connection with your use of the Service is collected, used and disclosed pursuant to Surfr?s privacy policy located at https://www.surfr.fm/privacy.
Independent Contractors. THE RELATIONSHIP BETWEEN THE PARTIES WILL BE THAT OF INDEPENDENT CONTRACTORS. YOU MAY NOT REPRESENT YOURSELF AS AN AGENT OR LEGAL REPRESENTATIVE OF Surfr FOR ANY PURPOSE WHATSOEVER, AND HAVE NO RIGHT TO CREATE OR ASSUME ANY OBLIGATION OF ANY KIND, EXPRESS OR IMPLIED, FOR OR ON BEHALF OF Surfr IN ANY WAY WHATSOEVER. THIS AGREEMENT WILL NOT CREATE OR BE DEEMED TO CREATE ANY AGENCY, PARTNERSHIP OR JOINT VENTURE BETWEEN THE PARTIES.
Assignment. You may not assign this Agreement or any rights or obligations hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of Surfr. Surfr may assign these Terms at any time and for any reason. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. Any attempted assignment in violation of this Section will be null and void.
Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of these Terms will remain in full force and effect.
Modification and Waiver. No waiver or modification of these Terms will be valid unless made in writing and signed by both parties. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof.
Headings. The captions and headings in these Terms are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of these Terms, or of any provision of these Terms, nor in any way affect the interpretation of these Terms.
Electronic Communication. You hereby authorize Surfr to communicate with you via Email regarding the Service or these Terms.
Entire Agreement. These Terms supersede any previous or contemporaneous communications, whether oral or written, express or implied, and embody the entire agreement of the parties regarding your use of the Service and/or to broadcast your Station to End-Users.
Contact Us
If you have any questions about these Terms, please contact us at support@surfr.fm.