TERMS OF SERVICE AND END USER LICENSE AGREEMENT

This Terms of Service and End User License Agreement (this "Agreement") explains the terms and conditions that apply to your use of the onTune FM Service (as defined below) and constitutes a legally binding agreement between you and Panoramic Software, Inc., a British Columbia corporation ("Panoramic Software", "we", "us" or "our"). By installing, copying, or otherwise using the onTune FM service, you agree to be bound by the terms of this EULA.

Occasionally we may make changes to the onTune FM Service and Agreements. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.

By using the onTune FM app and/or visiting this website, including all content and functionality available through the onTune.fm domain name, the onTune FM Website, Apps, other software, or collectively “onTune FM”, you signify your agreement to these terms and conditions (the "Terms of Service"), and onTune FM's privacy policy, found at http://www.ontune.fm/privacy.php incorporated here by reference, and any License agreements for software from Panoramic Software Inc. If you do not agree to any of these terms, the onTune FM privacy notice, or the applicable software license agreements, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.

OnTune FM DOES NOT broadcast, cache or host any audio, video, or collectively "multimedia" files with intellectual property rights. The onTune FM application links/aggregates certain content from the third party APIs such as but not limited to Facebook, Twitter, Instagram, YouTube, Wikipedia and Soundcloud. All videos are provided by the public third-party media service YouTube. All artist public profile images are aggregated from the public third-party Facebook API and we hold no control over which images are shown. OnTune FM also makes use of and has permission to use third party streams originating from CBC Music, Radionomy, shoutCAST. OnTune FM does not have any direct control over any third-party linked content. All trademarks and copyrights belong to their respective owners and are used here under the terms of Fair Use and the Digital Millennium Copyright Act (DMCA). If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, please contact directly the third-party service in which the content is hosted. In addition please let us know (info@ontune.fm) and we will make every attempt to block the linked content to our app.

OnTune FM may contain links to third party websites that are not owned or controlled by onTune FM. onTune FM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, onTune FM will not and cannot censor or edit the content of any third-party site. By using onTune FM, you expressly relieve onTune FM from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each other website that you visit.

With respect to album artwork, song "buy links", or collectively "metadata" displayed in relation to multimedia within the Service, onTune FM retrieves this data from third-party providers and partners through an automated process, and therefore cannot guarantee the accuracy of the metadata as it relates to the song currently being played.

We do no guarantee all artist or band information is correct. If you see we've got something wrong please feel free to contact us and let us know.

Some YouTube videos may not be available in your country for the following reasons:

  • Video owners have chosen to make their content available only to certain countries (usually due to licensing rights)
  • YouTube may block specific content in order to comply with local laws

The onTune FM App does not cache or download any media to your device and does require a data connection to stream all content.

The app and website uses Google Analytics to track statistical information. Google Analytics is a service offered by Google that generates detailed statistics about a website's traffic and traffic sources and measures conversions and sales.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF ONTUNE FM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PANORAMIC SOFTWARE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH ONTUNE FM AND YOUR USE THEREOF. PANORAMIC SOFTWARE INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, APPS, OR OTHER ONTUNE FM SERVICES. (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ONTUNE FM WEBSITE, OR SOFTWARE, OR OTHER ONTUNE FM SERVICES. ONTUNE FM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ONTUNE FM WEBSITE, OR SOFTWARE, OR OTHER ONTUNE FM SERVICES, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ONTUNE FM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL PANORAMIC SOFTWARE INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, SOFTWARE, PLAYER, ENCODER, OR OTHER ONTUNE FM SERVICES. (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ONTUNE FM WEBSITE, PLAYER, ENCODER, OR SOFTWARE, OR OTHER ONTUNE FM SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PANORAMIC SOFTWARE INC. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EVEN IF PANORAMIC SOFTWARE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PANORAMIC SOFTWARE INC.'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO TEN CANADIAN DOLLARS (CND $10.00).

Indemnity

You agree to defend, indemnify and hold harmless Panoramic Software, Inc., its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the onTune FM Website, software, or other onTune FM services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the onTune FM Website or App.

Ability to Accept Terms of Service

You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the onTune FM Website and/or App is not intended for children under 13. If you are under 13 years of age, then please do not use the onTune FM Website and/or App.




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