Last Updated: February 15, 2008
Nexus Radio is a free social networking service that allows members to listen to music, and create unique personal profiles in order to communicate with other Nexus Radio members. Nexus Radio is not intended for the illegal use and/or distribution of copyrighted material. Nexus Radio is not a broadcaster and does not have broadcasting capabilities. Nexus Radio is not responsible for the stations listed on this website, and we are not liable for the content they broadcast.
By using the Nexus Radio website you agree to be bound by these Terms of Use, whether or not you register as a member. If you wish to become a member, communicate with other members and make use of the Nexus Radio services, please read this agreement and indicate your acceptance by following the instructions in the registration process.
This agreement sets out the legally binding terms for your use of this website and your Nexus Radio membership. Nexus Radio may modify this agreement from time to time and such modification shall be effective upon posting by Nexus Radio on this website. You agree to be bound to any changes to this agreement when you use the services after any such modification is posted. This agreement includes Nexus Radio's policy for acceptable use and content posted on this website, your rights, obligations and restrictions regarding your use of this website and Nexus Radio's Privacy Policy.
Please carefully select the information you post on this website and the information you provide to other members. Any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other Nexus Radio members may contain inaccurate, inappropriate, or offensive material, and Nexus Radio assumes no responsibility or liability for this material.
Nexus Radio reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of this website and/or services at any time, for any or no reason, with or without prior notice, and without liability
By participating in any offline Nexus Radio event, you agree to release and hold Nexus Radio harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline Nexus Radio event.
Eligibility
By using this website and service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 14 years of age or older and that your use of the Nexus Radio shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.
Membership
This Agreement shall remain in full force and effect while you use this service. You may terminate your membership at any time. Nexus Radio may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your membership application or other email address as you may subsequently provide to Nexus Radio.
Non Commercial Use by Members
This website is for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Nexus Radio. Illegal and/or unauthorized use of this website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Nexus Radio for any illegal or unauthorized use of the website.
Proprietary Rights in content on Nexus Radio
Nexus Radio owns and retains all proprietary rights in the website and the service. This website contains copyrighted material, trademarks, and other proprietary information of Nexus Radio and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted on the Site
a. You understand and agree that Nexus Radio may review and delete any content, messages, photos, or profiles (collectively, "Content") that in the sole judgment of Nexus Radio violate this agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any member.
b. You are solely responsible for the content that you publish or display (hereinafter, "post") on the service or any material or information that you transmit to other members.
c. By posting any content to the public areas of this website, you hereby grant to Nexus Radio the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on this website. This license will terminate at the time you remove such content from this website.
d. The following is a partial list of the kind of content that is illegal or prohibited on this website. Nexus Radio reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users
x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
e. You must use this service in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, any member to buy or sell any products or services through this service. You may not transmit any chain letters or junk email to other members. Although Nexus Radio cannot monitor the conduct of its members off the website, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect our members from such advertising or solicitation, Nexus Radio reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which Nexus Radio deems appropriate in its sole discretion.
g. You may not cover or obscure the banner advertisements on your personal profile page, or any Nexus Radio page via HTML/CSS or any other means.
h. Any automated use of the system, such as using scripts to add friends, is prohibited.
i. You may not attempt to impersonate another user or person who is not a member of Nexus Radio.
j. You may not use the account, username, or password of another member at any time nor may you disclose your password to any third party or permit any third party to access your account.
k. You may not sell or otherwise transfer your profile.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Nexus Radio to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Nexus Radio by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on this website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on this website; your address, telephone number, and email address; a written 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, made under penalty of perjury, 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. Nexus Radio's Copyright Agent for notice of claims of copyright infringement can be reached via email address.
Member Disputes
You are solely responsible for your interactions with other Nexus Radio members. Nexus Radio reserves the right, but has no obligation, to monitor disputes between you and other Members.
Disclaimers
Nexus Radio is not responsible for any incorrect or inaccurate content posted on this website or in connection with the service provided, whether caused by users of this website, members, or by any of the equipment or programming associated with or utilized by this website. Nexus Radio is not responsible for the conduct, whether online or offline, of any user of this website. Nexus Radio assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication. Nexus Radio is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any website or combination thereof, including any injury or damage to users and/or members or to any person's computer related to or resulting from participation or downloading materials in connection with this website. Under no circumstances shall Nexus Radio be responsible for any loss or damage, including personal injury or death, resulting from use of this website, or from any content transmitted to members whether online or offline. This website and services are provided "AS-IS" and Nexus Radio expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Nexus Radio cannot guarantee and does not promise any specific results from use of this website and/or services.
Limitation on Liability
In no event shall Nexus Radio be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the website or the service, even if Nexus Radio has been advised of the possibility of such damages.
Disputes
If there is any dispute about or involving this website, you agree that any dispute shall be governed by the laws of the area in which we are based without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the area in which we are based.
Indemnity
You agree to indemnify and hold Nexus Radio, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of these service in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above.
Other
This agreement is accepted upon your use of the website and is further affirmed by you becoming a member of this service. This agreement constitutes the entire agreement between you and Nexus Radio regarding the use of this website services. The failure of Nexus Radio to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.