Terms of Service
Opti Radio is an independent guide to streaming media available on the web, including TV and Radio streams. We do not provide streaming content ourselves. Opti Radio enables users to easily find and access media content over the Internet.
We respect the rights of the content owners. All links to external sites are opened in a new window. We also provide specific information for you to access these content sites directly, and we encourage you to do so. All content on this site is openly accessible on the internet. We do not intentionally link to any content that has been restricted by the content holders.
This site contains many links to third-party sites, including our sponsors. Although Opti Radio provides these links, we do not endorse the content nor the companies who provide such content.
If you are a content owner and wish to restrict access to your site or content available on other sites, please contact us and we will act acordingly.
Opti Radio is an independent guide to streaming media available on the web. We do not provide streaming content ourselves. This site is designed to enable users of personal computers and other consumer electronic devices to easily find and access media content over the Internet.
If you make use of this site you agree to respect the rights of the content owners. If not you should leave this site. All links to external sites are opened in a new window.
This site contains several links to third-party sites. Opti Radio provides these links as a convenience and does not endorse the companies or contents of any such sites. Opti Radio has no control over, is not responsible for, and makes no representation and warranty and disclaims all liability with respect to, any such site, any content on any such site or any such site's privacy practices. Use such sites at your own risk.
1. ACCEPTANCE OF TERMS
The web pages available at optiradio.com and all linked pages ("Site"), are owned and operated by Opti Radio and is accessed by you under the Terms of Service described below ("Terms of Service").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. OPTI RADIO'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY OPTI RADIO, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. MODIFICATIONS OF TERMS OF SERVICE
Opti Radio reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, Opti Radio may notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Opti Radio's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
3. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Service, Opti Radio may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Opti Radio performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Opti Radio may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Opti Radio may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4. YOUR REGISTRATION OBLIGATIONS
As a condition to using most Services, you are required to register with Opti Radio and select a password and user name. You shall provide Opti Radio with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Opti Radio account. You may not (i) select or use as a Opti Radio User ID a name of another person with the intent to impersonate that person; (ii) use as a Opti Radio User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Opti Radio User ID a name that is otherwise offensive, vulgar or obscene. Opti Radio reserves the right to refuse registration of, or cancel a Opti Radio User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Opti Radio password.
Services are available only to individuals who are at least 13 years old. If you do not so qualify, do not attempt to register for or use the Services.
5. USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Opti Radio.
By way of example, and not as a limitation, you agree not to use the Services:
1. to abuse, harass, threaten, impersonate or intimidate other Opti Radio users;
2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Opti Radio user;
5. to create or submit unwanted email ("Spam") to any other Opti Radio users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit media or comments linking to pornography, affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
9. with the intention of artificially inflating or altering any Opti Radio service, including by way of creating separate user accounts for the purpose of artificially altering Opti Radio's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Opti Radio's services;
10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
11. attempt to impersonate another user or person;
12. sell or otherwise transfer your profile.
IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER.
Opti Radio may remove any Content and Opti Radio accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no stated reason. Opti Radio can remove users at its sole discreation for any reason and with no explanation. To report Terms of Service abuse, please email: firstname.lastname@example.org
You are solely responsible for your interactions with other users of the Site. Opti Radio reserves the right, but has no obligation, to monitor disputes between you and other users.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By submitting Content to Opti Radio, you warrant that you own all rights to the Content, or are authorized by the owners of such content to submit to Opti Radio.
7. COPYRIGHT COMPLAINTS
Opti Radio respects the intellectual property of others. It is Opti Radio's policy to respond quickly to claims of copyright and other intellectual property infringement. Opti Radio will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Opti Radio may act quickly to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act quickly to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Opti Radio will terminate access for subscribers and account holders who are repeat infringers.
Notifying Opti Radio of Copyright Infringement: To provide Opti Radio notice of an infringement by email to email@example.com along with credible identification and contact information so that the said infringement can be investigated. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
You will indemnify and hold harmless Opti Radio, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Service by you, or the infringement by you, or any third party using your account or Opti Radio User ID, of any intellectual property or other right of any person or entity.
10. WARRANTY DISCLAIMERS
You acknowledge that Opti Radio has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Opti Radio from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Opti Radio makes no representations concerning any content contained in or accessed through the Site or Services, and Opti Radio will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Opti Radio has no control over such sites and resources, you acknowledge and agree that Opti Radio is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Opti Radio 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 site or resource.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL OPTI RADIO OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Opti Radio may terminate or suspend any and all Services and your Opti Radio account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Opti Radio account, you may simply discontinue using the Services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind Opti Radio in any respect whatsoever.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Opti Radio shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Opti Radio's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable. The Terms of Service is not assignable, transferable or sublicensable by you except with Opti Radio's prior written consent. Opti Radio may transfer, assign or delegate the Terms of Service and its rights and obligations without consent. Opti Radio maintains the right to seek injunctive or other equitable relief in any court of competent jurisdiction on any matters described herein.
15. INTELLECTUAL PROPERTY
Opti Radio graphics, logos, designs, page headers, button icons, scripts, and service names are trade dress of Opti Radio in the U.S. and/or other countries. Opti Radio's trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Effective Date of Terms of Service
This Terms of Service document is effective as of January 5, 2013 and was last updated on Ferbuary 2, 2013.