1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the Saysyouradio.com, or any of the features of this site (the “Service”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and Saysyouradio.com.
1.2 Saysyouradio.com may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.
1.3 YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.4 Saysyouradio.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Saysyouradio.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. REGISTRATION AND SECURITY
2.1 Certain sections of the Service may be provided only to registered users. Saysyouradio.com will prescribe the requirements for such registration, which will become part of these Terms of Service.
2.2 You must be 13 years or older to use Saysyouradio.com. You must be 18 years or older to submit any content, feedback, or questions.
2.3 International Users. The Services and products offered by Saysyouradio.com are controlled and operated within the United States. We make no representation that content, materials or products available on or through the third-party services are appropriate or available for use outside of the United States. If you access Saysyouradio.com from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
3. COM CONTENT
3.1 The contents of the Saysyouradio.com Services are intended for your personal, noncommercial use. All materials published on Saysyouradio.com (including, but not limited to articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by Pipit & Finch (producers of Says You!) or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
3.2 The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 3.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service (including software) in whole or in part.
3.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Saysyouradio.com or the copyright holder identified in the copyright notice contained in the Content.
3.4 The Content of the Service is owned or licensed to Saysyouradio.com. Certain Content is furnished by third parties, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
3.5 Podcasts. Saysyouradio.com podcasts. Saysyouradio.com podcasts consist of audio content that is provided using an RSS feed and associated file so that the file may be downloaded and played from a user’s device. Podcasts are available only for personal, noncommercial use. You may download, copy and/or transfer a podcast to a device only for your personal, noncommercial use, and you may link to podcasts from your site, application, platform or service subject to intellectual property restrictions.
4. USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS AND QUESTIONS, LISTENER FEEDBACK DISCUSSION AND POSTINGS, AND MORE
4.1 (a) You shall not upload to, or distribute or otherwise publish on to the Service any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
4.1 (b) Be courteous. You agree that you will not threaten or verbally abuse other Service users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
4.1 (c) Use respectful language. Like any community, the online conversation flourishes only when our Users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.
4.1 (d) Debate, but don’t attack. In a community full of opinions and preferences, people always disagree. Saysyouradio.com encourages active discussions and welcomes heated debate on the Service. But personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of the Service.
4.2 The Service shall be used only in a noncommercial manner. You shall not, without the express approval of Pipit & Finch, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
4.3 You acknowledge that any submissions you make to the Service (i.e., user-generated content including but not limited to: comments, email messages, video, audio and photographs, as well as computer code and applications) (each,”Submission”) may be edited, removed, modified, published, transmitted, and displayed by Pipit & Finch and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Service may also be included on the Says You! Facebook.com page, Twitter.com account, RSS feeds, APIs and made available for republishing through other formats, including broadcast on the Says You! radio program.
4.4 You grant Pipit & Finch a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for Saysyouradio.com or any third party Pipit & Finch designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to Saysyouradio.com or any other Website owned by Pipit & Finch, including any Submission posted on Saysyouradio.com through a third party.
4.5 You are solely responsible for the content of your Submissions. However, while Saysyouradio.com does not and cannot review every Submission and is not responsible for the content of these messages, Saysyouradio.com reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
4.6 By making a Submission, you are consenting to its display on the site and for related online and offline promotional uses.
5. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
5.1 Saysyouradio.com contains links to other related World Wide Web Internet sites, resources, and sponsors of Saysyouradio.com. Since Saysyouradio.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
6. REPRESENTATIONS AND WARRANTIES
6.1 You represent, warrant and covenant (a) that no materials of any kind submitted by you or through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Pipit & Finch and Saysyouradio.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Pipit & Finch reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
6.2 Neither Pipit & Finch nor Saysyouradio.com represents or endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
CONTENT ON THE SAYSYOURADIO.COM SERVICE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. LIMITATION OF LIABILITY
IN NO EVENT WILL SAYSYOURADIO.COM OR PIPIT & FINCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SAYSYOURADIO.COM SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SAYSYOURADIO.COM SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL PIPIT & FINCH, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.
7. FEES AND PAYMENTS
7.1. Saysyouradio.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time Saysyouradio.com requires a fee for portions of the Service that are now free, Saysyouradio.com will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Saysyouradio.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account.
7.2. Stream and Subscription Services. Some Stream and Subscription Services, may be available only through the creation of a subscription account and payment of a fee (“Subscription Services”).
Stream Service or Subscription Term. If you elect to subscribe to a Subscription Service then, in exchange for payment of the applicable ticket(s) (the “Fee”), you will have access to such Subscription Service for the period of time indicated during the subscription sign-up process. Your ability to access and use a Subscription Service will commence on the date we make such Subscription Service available to you following your payment of the applicable Fee for such service and will continue until the end of the applicable Subscription Term. We will not provide any full or partial refunds (except where the law requires us to provide a refund) or prorate Fees for Subscription Services, although the refund policies offered by third-party platforms may differ. If you purchased a subscription via a third-party platform, please refer to that platform’s refund policies.
8. COMMUNICATIONS BETWEEN SAYSYOURADIO.COM AND USERS
8.1 If you sign up to receive e-mail messages from Saysyouradio.com, Saysyouradio.com, its owners and assigns, will allow certain third party vendors to provide you with information about products and services.
8.2 Saysyouradio.com reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
8.4 Saysyouradio.com may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Website and existing or prospective products and services. This information will be used to improve our Website and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
9. SOFTWARE LICENSES
9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Service (“Access Software”). You may not sublicense, assign or transfer any licenses granted by Saysyouradio.com, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Access Software.
9.2 All sales of individual shows are final thirty (30) days from the date of the transaction. To make this as user-friendly as possible, even if this is your first time downloading an MP3 to listen to on your own computer, you are not limited in your attempts to download a show. Please download and listen to the show before your 30-day expiration takes effect. We will honor refunds for incorrect labeling and for missing files. NOTE: You cannot download this single-show archive to a mobile device nor transfer it to another computer or a mobile device. The content is yours to keep! However, keep in mind, it is not legal to copy and share.
10.1 Saysyouradio.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of these Terms of Service.
11.1 SAYS YOU!™, and Says You! logos are trademarks and service marks of Pipit & Finch. All rights are reserved. Marks of other parties displayed in the Service are the property of their respective owners.
12.1 These Terms of Service have been made in and shall be construed and enforced in accordance with Massachusetts law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Massachusetts.
12.3 Correspondence should be sent to our website at www.Saysyouradio.com. or in writing to PO Box 724, Weston, MA 02493.
12.4 Saysyouradio.com respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Saysyouradio.com Service, please provide the following information in writing to Saysyouradio.com Attn: Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
- a description of the copyrighted work that you claim has been infringed.
- a description of the material that you claim 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, and information sufficient to permit us to locate the material.
- information so that we can contact you, such as address, telephone number and e-mail address.
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. If you believe that any content or materials you posted, uploaded or Submitted to the Saysyouradio.com Services, that were subsequently removed from the Saysyouradio.com Services, or to which access was disabled, were improperly removed or disabled, please provide Counter-Notification to Copyright Agent for Says You! (see 17 U.S.C. Section 512(g) for further detail):
- your physical or electronic signature.
- a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement. Copyright Agent for Says You! will be provided upon request.
Please direct all general questions to firstname.lastname@example.org.
- These Terms of Service were last updated on November 1, 2021.