Terms of Service and Privacy Policy

Terms of Service and Privacy Policy (Updated April 5, 2023)

General

This AudioInkRadio.com website (the “Service”) is owned and operated by Audio Ink Radio LLC and contains material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, on-commercial use only, provided you keep intact all copyright and other proprietary notices.

As part of our Service, AudioInkRadio.com agrees to provide you with information and other computer services subject to these Terms of Service. You agree to use the Service in accordance with these Terms of Service. Accessing our Service, in any manner, for the purpose of obtaining information, technical or otherwise, about the Service constitutes use of the Service such that the party accessing the Service is bound by these Terms of Service. Because the Web is an evolving medium, we may need to change these Terms of Service or impose new conditions on use of the Service, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Service after we post any such changes, you accept the Terms of Service, as modified.

You may establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site by AudioInkRadio.com. However, you may not, without the prior written permission of AudioInkRadio.com, frame any of the content of the Service, or incorporate into another website or other service any intellectual property of AudioInkRadio.com, its parent or affiliate companies or its licensors.

License to AudioInkRadio.com

By posting messages, uploading files, or otherwise providing any material for display on the Service, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting AudioInkRadio.com a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

• Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
• Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Privacy

The following privacy policy governs our online collection of information from you. This privacy policy, including our children’s privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means; for example, at a live event, via telephone, or through the mail. We may collect and store information, personal or otherwise, that you voluntarily supply to us online as part of the Service. We also collect and store information that is generated automatically as users navigate online through the Service. Unless you inform us otherwise, AudioInkRadio.com reserves the right to use, and to disclose to third parties, information collected from you while you are using the Service (e.g., your name and e-mail address) for a variety of reasons and purposes, such as providing users with information about products and services. If you do not wish to be included in such uses, you must send an e-mail or a letter to us requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third party vendors.

In addition, please keep in mind that whenever you voluntarily disclose personal information online, for example on message boards, through email, or in chat areas, that information can be collected and used by others besides AudioInkRadio.com. AudioInkRadio.com cannot be responsible for any unauthorized third party use of information that you disclose online.

We use “cookies” in a limited way to help deliver advertisements and to identify unique browsers that visit us and to track usage throughout our site. Some of our business affiliates and advertisers use cookies, which can be used to tell when your computer has contacted a web site. Because we do not control the privacy policies of our business affiliates, advertisers or any other sites to which we may provide hyperlinks, you should check the privacy policy of the site you are visiting if you have any concerns about that site’s use of cookies or about that site’s use of your information.

We also make some content, products and services available through our Service through cooperative relationships with third party providers, where the brands of our provider partner appear prominently on the Service. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner’s use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider directly for more information.

Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law, to enforce our Terms of Service agreement, or to protect the rights, property or safety of users of our Services, the public, or AudioInkRadio.com.

Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we, some or all of our assets, or one or more of our websites is acquired by another company, information on our users may be among the transferred assets.

Children’s Privacy Statement for AudioInkRadio.com

This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.

• We do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Service. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Service, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Service.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Service, we also do NOT knowingly distribute such information to third parties.
• We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Service.
• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Service, we do NOT condition the participation in the Service’s online activities of a child under thirteen on providing personally identifiable information.

Questions on Privacy

If you have any questions about the children’s privacy statement, the privacy practices of AudioInkRadio.com, or your dealings with AudioInkRadio.com, you can contact:

Anne Erickson
Managing Editor
anne@audioinkradio.com

Disclaimers

This Service includes links and pointers to Internet sites, content and services provided by third parties. AudioInkRadio.com’s linking to any third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither AudioInkRadio.com, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Service or on websites linked to by AudioInkRadio.com. The materials, information, products and services offered on or through the Service and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, AudioInkRadio.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. AudioInkRadio.com does not warrant that the Service or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Service, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

AudioInkRadio.com does not warrant or make any representations regarding the use or the results of the use of the Service or materials in this Service or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not AudioInkRadio.com) assume the entire cost of all necessary maintenance, repair or correction.

The Service is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. Stock and mutual fund quotes, and related financial news stories may be delayed at least 20 minutes, as may be required by the stock exchanges and/or the financial information services. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

Online Commerce

In addition, AudioInkRadio.com may allow you to purchase many different types of products and services online that are provided by third parties. AudioInkRadio.com is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the AudioInkRadio.com or on a site linked to by AudioInkRadio.com, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. AudioInkRadio.com has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant’s home page and click on its information links or contact the merchant website directly. You release AudioInkRadio.com and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through AudioInkRadio.com.

When you purchase products or services on or through the AudioInkRadio.com, you may be subject to additional terms and conditions that specifically apply to your purchase or
use of such products or services. If you have any questions about these additional
terms and conditions, you should contact the merchant of such products or services
directly.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service and to purchase services or products through the Service for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to AudioInkRadio.com or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Interactive

This Service may include a variety of features, such as bulletin boards, chat rooms, comments and email services, that allow feedback to AudioInkRadio.com and real-time interaction between users and other features, such as personalized homes pages and e-mail services, that allow users to communicate with others. Responsibility for what is posted on bulletin boards, chat rooms and other public posting areas on the Service lies with each user – you alone are responsible for the material you post. AudioInkRadio.com does not control the messages, information or files that others may provide through the Service. It is a condition of your use of the Service that you do not:

• Restrict or inhibit any other user from using and enjoying the Service.
• Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Service to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
• Use the Service to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Service to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of AudioInkRadio.com.
• Gather for the purpose of spamming e-mail addresses that have been posted by other users of the Service.

You understand that AudioInkRadio.com has no obligation to monitor any bulletin boards, chat rooms, comments, or other areas of the Service through which users can supply information or material. However, AudioInkRadio.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in AudioInkRadio.com’s sole discretion are objectionable or in violation of these Terms of Service.

Use of Company Directories

The information contained in any company directories that may be provided on the Service is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will AudioInkRadio.com or its suppliers be liable in any way with regard to such information.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall AudioInkRadio.com, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, AudioInkRadio.com materials, products, or services, or third party materials, products, or services made available through the Service, or any part of the Service, even if AudioInkRadio.com is advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of AudioInkRadio.com, its subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that AudioInkRadio.com is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any AudioInkRadio.com materials, products, or services, or with any of AudioInkRadio.com’s terms and conditions, your sole and exclusive remedy is to discontinue using the Service.

Termination

AudioInkRadio.com may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other

This agreement constitutes the entire agreement between AudioInkRadio.com and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Service. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Additionally, AudioInkRadio.com works with a third party for ad delivery, and the non-personally-identifiable information collected about a user’s visits to this and other Web sites may be used in order to provide advertisements about goods and services of interest to the user. The user has the option not to participate in said sharing of information by visiting AdTech’s “Cookie Opt-Out page.” You may always visit our ad agency at Fixion Media.

RSS usage

The RSS feed provided is for the use of pulling only a one to five sentences of content from an article to be included on another property. Under no circumstance may another property (website, publication, etc.) use the entire article from the RSS feed on their property.

More

We use third-party advertisers, including Google AdSense and Fixion Media, as well as third-party apps, such as Facebook Comments and Twitter. Among the third party cookies used for purposes of optimizing the Services is Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with and use the Services, compile reports on the Services’ activity, and provide other services related to our Services’ activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website. The Services do not use Google Analytics to gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services, click here.

We strive to keep your information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of the information collected. Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information, so please do not send us your credit card number by email. Any payment transactions will be encrypted.

For international users, please note that it may be necessary to transfer your information internationally and, in particular, your information may be transferred to and processed in the United States. The laws in the U.S. regarding personal information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. If applicable, you may have a right to claim compensation for damages caused by a breach of relevant data protection laws. By using the Services, you agree to have your information used and transferred to the United States as set forth in this policy.

If you are a resident of the EEA or Switzerland, the following information applies.

Purposes of processing and legal basis for processing: As explained above, we process personal data in various ways depending upon your use of our Services. We process personal data on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services; and (3) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedom related to data privacy

Right to lodge a complaint: Users that reside in the EEA or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned.

Transfers: Personal information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. Upon the start of enforcement of the General Data Protection Regulation (GDPR), we will ensure that transfers of personal information to a third country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.

Individual Rights: If you are a resident of the EEA or Switzerland, you are entitled to the following rights once the GDPR becomes effective. Please note: In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you.

The right to request data erasure. You have the right to have your data erased from our Services if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.

The right to restrict or object to our processing. You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.

Any questions, please contact managing editor Anne Erickson at anne@audioinkradio.com.