Terms and Conditions

Welcome to the Media Railyard Terms and Conditions

You may use Media Railyard website, applications, software, widgets updates and services of Media Railyard and its affiliated sites (collectively, “Media Railyard website”) on the condition that you agree to the following Terms of Use.

BY ACCESSING, USING OR INTERACTING WITH THE Media Railyard WEBSITE, YOU SIGNIFY ELECTRONICALLY THAT YOU AGREE TO THE TERMS OF USE OF THE Media Railyard WEBSITE (“TERMS”).

1. About these Terms.

Media Railyard website is provided by Media Railyard – headquartered at 107 Market Street Llano, TX 78643 and register with the State of Texas as River Radio LLC DBA Media Railyard – and and its affiliates, successors, parents, subsidiaries, assigns and licensee, who provide Media Railyard website (collectively, “we” or “us”). You understand and agree that as the Media Railyard website evolves, we may in our sole discretion change or update these Terms at any time. You can review the most current version of these Terms by clicking on the “Terms of Use” hypertext link located at the bottom of our homepage at https://www.MediaRailyard.com. Your ongoing use of Media Railyard website after we post or notify You about changes to the Terms signifies your acceptance of the new Terms. If you do not agree to the changes, your sole recourse is to stop using Media Railyard website.

2. About the Media Railyard website.

1. Media Railyard website is intended for general audiences and for personal and information use only. We may add, change or discontinue any aspect of Media Railyard website at any time, in our sole discretion and without prior notice to You. We may offer certain applications, services or features for a fee, which will be subject to separate payment terms that will be binding on You.
2. Media Railyard website is controlled and operated within Texas. Although Media Railyard website is accessible from outside of Texas, you understand and agree that Media Railyard website (i) is not designed or customized for distribution for any specific country or jurisdiction (Territory), (b) is not intended for distribution to, or use by, any person or entity in any Territory where such distribution or use would be contrary to local law or regulation, (c) may not be appropriate or available for access or use in any particular Territory, and (d) is provided without any content filtering or rating mechanism. We have no obligation to assure that Media Railyard website complies with applicable local laws and regulations within the Territories in which you elect to use Media Railyard website. Your use of Media Railyard website within any specific Territory is entirely at Your own risk. You are solely responsible for complying with any local laws in which you access or use Media Railyard website.

3. Content

1. Media Railyard website offers technical broadcasting and hosting tools and services, server software, as well as information, directory and search functionality to enable users to access, view and listen to content on internet such as music (“Content”) and provides to users links to other sites and third party providers of music, Internet radio stations and other content (“Content Providers”). Media Railyard website is not responsible for the Content accessed by users through its directory or search functionality. The Content Providers have sole editorial control on the Content and these Content Providers are solely responsible for their Content offered through Media Railyard website, including without limitation, obtaining all rights, authorizations, licenses from rights holders on the Content and pay all royalties related to their Content.
2. You understand that Media Railyard website does not pre-screen Content and You agree that Media Railyard website has no obligation to pre-screen Content, although Media Railyard website reserves the right to do so in its sole discretion. Some Content may contain materials that are objectionable or inaccurate. Media Railyard website’s offerings of technical broadcasting and hosting tools and services, server software, directory, search results, links and/or access to Content does not mean that we endorse the Content or the Content Providers. You acknowledge and agree that we are not responsible or liable to You for any Content or other materials hosted and served from these third party Content Providers.

4. Registration

Registration is not required; however, You will need to register with us and obtain a Media Railyard Member Account if you want to use certain interactive features or technical tools and services on Media Railyard website. If You register, You must provide accurate identification, contact, and other information required as part of the registration process. You agree to keep Your information up-to-date. You may not create any script or other automated tool that attempts to create multiple developer accounts. We may in our sole discretion reject any registration for any reason. By signing up with Media Railyard website, You represent and warrant that your information is accurate. Our affiliates may give You the ability to use your Media Railyard Member Account to access other Media Railyard affiliate services. Your use of services provided by our affiliates may be subject to additional terms, conditions and privacy policies, which will apply to You if You elect to use those services.

5. Additional Terms.

Certain Media Railyard website features, technical tools and services may be subject to supplemental usage rules, guidelines and terms, which you will have an opportunity to review and which will be binding on You if you elect to use those features, technical tools and services.

6. Electronic Delivery Policy and Your Consent.

You acknowledge that You are agreeing to these Terms online and electronically and that these Terms have the same effect as an agreement on paper. You authorize us to provide You with required notices, agreements and information concerning the Media Railyard website electronically. Your affirmative act of submitting and clicking to register for Media Railyard website constitutes Your electronic signature to these Terms. We will provide You our notices either by sending them to the e-mail address that You give to us or by posting the notices on the homepage of the Media Railyard website or on the relevant web page of the applicable service. If you want to withdraw Your consent to receive notices electronically, Your only recourse is to discontinue Your use of the Media Railyard website.

7. Privacy Policy.

The Media Railyard website Privacy Policy explains the practices that apply to Your information when You use the Media Railyard website. Your ongoing use of the Media Railyard website signifies Your consent to the Privacy Policy. You can review the Privacy Policy by clicking on the Privacy Policy link located on the homepage of the Media Railyard website.

8. Access

You must provide at Your own expense the equipment and Internet connections that You will need to access and use the Media Railyard website, whether You access Media Railyard website through broadband, wifi, wireless or other type of connection. If you access the Media Railyard website through a telephone line, please call your local phone company to determine if the access numbers You select are subject to long distance or other toll charges at your location. Also, wireless, data or text messaging charges apply if You access the Media Railyard website through wireless applications (e.g., cell phones). Check with Your carrier to verify whether there are any such fees that may apply to You.

9. Your Responsibilities

You may use Media Railyard website for lawful purposes only. You are responsible for all activities under Your Media Railyard Member Account, including all legal liability incurred from the use of Your Media Railyard Member Account by You or others.

10. Restrictions

You agree that You will not access or use Media Railyard website or its Content, or otherwise engage in any conduct that:

1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights is unlawful;
2. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights is unlawful;
3. uses any automated system, including without limitation, “robots”, “spiders”, or “offline readers”, to access Media Railyard website or Content;
4. attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. attempts to gain unauthorized access to our computer network or user accounts;
6. encourages conduct that would constitute a criminal offense or that gives rise to civil liability; offers, promotes or encourages betting or wagering prohibited by law;
7. violates these Terms, guidelines or any policy posted on Media Railyard website;
8. attempts to damage, disable, overburden, or impair our servers or networks; or
9. interferes with any other party's use and enjoyment of Media Railyard website.
10. You agree that we may take any legal and technical remedies to enforce these Terms, including without limitation, immediate termination of Your Media Railyard Member Account or access to Media Railyard website if we believe in our discretion that You are violating these Terms.

11. No Spam

You may not use Media Railyard website or any of our communication tools and services to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about our users for the purpose of sending or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use Media Railyard website to violate the terms of this section. We may terminate Your access or use of Media Railyard website immediately and take any other legal action if you, or anyone using Your access to Media Railyard website, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

12. Proprietary Rights

We, our suppliers, and our users who lawfully post Content on the Media Railyard website own the property rights to that Content. Further, You agree that Media Railyard website, its application, technical broadcasting and hosting tools and services, software and database information, and those techniques, algorithms, and processes contained therein which have been developed, acquired, or licensed by us are proprietary to Media Railyard and our affiliates.

Media Railyard website and the Content is protected by copyright, trademark, patent and trade secret laws and other proprietary rights and also may have security components that protect digital information. You agree that You will not violate these rights and access and use Media Railyard website and the Content only as authorized by the owners of these rights.

13. License To Use the Media Railyard website

We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use Media Railyard website subject to these Terms. You may not use Media Railyard website in a manner that exceeds the rights granted for Your use of Media Railyard website and its Content. Without limitation of the foregoing, You may not frame any portion of Media Railyard website or Content or reproduce, record, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sub-license, assign, transfer, sell, loan, make derivative works or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content or Media Railyard websites applications, software, technical tools or services. Your license terminates immediately upon cancellation or termination of Your Media Railyard Member Account or if we believe You are in violation of these Terms.

14. Content You Post To Public Areas

Certain areas of Media Railyard website may allow You to post Content (such as comments) that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on Media Railyard website that You created or that You have permission to post. You many not publicly post defamatory Content or someone else’s image or personal information without the express authorization of that person. You may not post Content that violates these Terms. We do not claim ownership of any Content that You may post. However, by submitting Content to public areas of Media Railyard website, You grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium. You agree that we have no duty to pre-screen Content but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason but we are not responsible for any failure or delay in removing such material.

15. Procedure For Making Claims Of Copyright Infringement

If You believe that copyrighted work or Content has been copied and is accessible on the Media Railyard website in a way that constitutes copyright infringement, You may notify Media Railyard by providing our copyright agent the following information:

• an electronic or physical signature of the owner of the copyrighted work or the person authorized to act on the copyright owner's behalf.
• a description of the copyrighted work that You claim has been infringed and a description of the infringing activity.
• identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., web page address) where it is posted or the name of the radio station in which it has been published.
• identification of the URL or other specific location on the Media Railyard website site where the material that You claim is infringing is located, including enough information to allow us to locate the infringing material.
• your name, address, telephone number, and email address.
• a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• a statement by You that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Media Railyard's agent for notice of claims of copyright infringement on Media Railyard website can be reached as follows:

By mail :

Media Railyard 107 Market Street Llano, Texas 78643

By E-mail:

Info@MediaRailyard.com

16. Advertisers

You agree that the Media Railyard website may be supported by advertising. Any dealings that You have with advertisers found on the Media Railyard website are between You and the advertiser and You acknowledge and agree that we are not liable for any loss or claim You may have against an advertiser.

17. Use Of Software

We may make software available for You to download or use. Such software will be subject to the terms of software license agreement that accompanies it. If there is no software license agreement presented to You with the software, then the following license, in addition to the other provisions of these Terms, govern Your use of such software. We grant You a personal, non-exclusive, non-transferable, limited license to install the software on any single computer or authorized device. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile, or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding Your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph. We may automatically check Your version of the software and update it to improve its performance and capabilities. If You shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

18. DISCLAIMER

WE PROVIDE MEDIA RAILYARD WEBSITE “AS IS” AND WITH ALL FAULTS. YOU ARE USING MEDIA RAILYARD WEBSITE AT YOUR OWN RISK. WE, OUR LICENSORS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT MEDIA RAILYARD WEBSITE IS FREE OF DEFECTS AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS OR THAT IT WILL MEET YOUR REQUIREMENTS. WE DISCLAIM THE IMPLIED WARRANTIES THAT MEDIA RAILYARD WEBSITE IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOU HEREBY ACKNOWLEDGE A) CONTENT PROVIDERS AND NOT US ARE RESPONSIBLE FOR OBTAINING ALL NECESSARY RIGHTS, PERMISSIONS, LICENSES, APPLICABLE TAXES, CERTIFICATIONS AND CLEARANCES FOR THE RADIO STATIONS AND CONTENT THAT THEY PROVIDE, B) CONTENT PROVIDERS AND NOT US ARE SOLELY RESPONSIBLE FOR ENSURING THAT THE CONTENT COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS, C) CONTENT PROVIDERS AND NOT US ARE SOLELY RESPONSIBLE FOR MUSIC LICENSING AND ALL APPLICABLE ROYALTIES TO THE COPYRIGHT OWNERS WITH RESPECT TO THE CONTENT CONTAINED IN THEIR INDIVIDUAL RADIO STATION(S), AND D) WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY TO OBTAIN SUCH RIGHTS, PERMISSIONS, CLEARANCES OR ROYALTY PAYMENTS AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY FOR THE FAILURE OF SUCH CONTENT TO OBTAIN SUCH RIGHTS, PERMISSIONS, CLEARANCES OR PAY ANY APPLICABLE ROYALTIES.

19. LIMITATION OF LIABILITY

WE, OUR LICENSORS AND DISTRIBUTORS HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF MEDIA RAILYARD WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR PARENT, AFFILIATES, DIRECTORS, EMPLOYEES, CONSULTANTS, LICENSORS, SUPPLIERS, PARTNERS, AGENTS, DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE MEDIA RAILYARD WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, CORRUPTION OF DATA, COMPUTER FAILURE OR MALFUNCTION. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR MEDIA RAILYARD WEBSITE IS TO CANCEL YOUR USE OF THE SERVICE. IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF MEDIA RAILYARD FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS (USD $100). MEDIA RAILYARD WEBSITE IS PROVIDED WITHOUT CHARGE AND YOU AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THESE TERMS.

20. Indemnification

Upon a request by us, You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from Your use or misuse of Media Railyard website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with us in asserting any available defenses.

21. Choice of Law and Location for Resolving Disputes

YOU EXPRESSLY AGREE THAT THESE TERMS ARE GOVERNED BY TEXAS LAWS AND THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE WITH MEDIA RAILYARD, MEDIA RAILYARD’S AFFILIATES, MEDIA RAILYARD WEBSITE, THESE TERMS, OR RELATING IN ANY WAY TO YOUR USE OF MEDIA RAILYARD WEBSITE (OR ANY FEATURES THEREOF) RESIDES IN THE FEDERAL OR STATE COURTS LOCATED IN TEXAS AND EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN SUCH COURTS IN CONNECTION WITH ANY SUCH DISPUTE INCLUDING ANY CLAIM INVOLVING MEDIA RAILYARD, THESE TERMS, OR MEDIA RAILYARD WEBSITE (OR ANY FEATURES THEREOF). PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU ARE WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN.

22. Severability and Integration

These Terms and any supplemental terms, policies, rules and guidelines posted on Media Railyard website constitute the entire agreement between You and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

23. Termination

Your right to use Media Railyard website automatically terminates if You violate these Terms or any rules or guidelines posted in connection with Media Railyard website. We also reserve the right, in our sole discretion, to terminate Your access to all or part of Media Railyard website, for any reason, with or without prior notice.