Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. TO THE EXTENT PERMITTED BY LAW, ELECTRAFM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

electrafm.com and its associated subdomains provide a free platform for the discovery and promotion of music, the sharing of information and comments about music. Any person who wishes to remain or simply enter electrafm.com must be of legal age or otherwise have the approval of their parents, guardians or someone who maintains parental authority over him and be in full possession of their faculties.

This Agreement applies to all Users of the Service who use, listen to or share content, information and other materials or services on the ElectraFM, regardless of whether such users are using the service anonymously or as registered Users.

ElectraFM may change, add to, remove, suspend or discontinue any aspect of the Service at any time. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ElectraFM properties, shall be subject to this Agreement. Further, to keep this Agreement up to date with the Service, ElectraFM may, at its sole discretion, change or modify this Agreement at any time by posting such changes on the Site or otherwise notifying you, and by continuing to use the Service you agree to be bound by such changes or modifications.

ElectraFM may terminate this Agreement at any time for any reason.

Account Creation

While you are not required to create an account to access ElectraFM, in order to access certain features of the Service you may be required to register for an account. Upon completing the registration process, you will receive an account designation. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form and maintain and promptly update. If you do not, or ElectraFM has reasonable grounds to suspect that you have not, ElectraFM may suspend or terminate your account.

You may not provide a false email address, impersonate any person or entity, or otherwise mislead as to any membership data. You will not post any information about yourself or your identity that you do not want to be displayed on the site and made available to the public (such as telephone numbers or street addresses). We may use the membership data and certain other information you provide in accordance with our Privacy Policy.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. You agree to immediately notify ElectraFM of any unauthorized use of your account or any other breach of security. ElectraFM cannot and will not be liable for any loss or damage arising from your failure to protect your account.

Terms of Service

ElectraFM grants you a limited, revocable and nonexclusive license to access and make personal use of the Service. As a registered User, you may use the Service to: (i) Listen the music (ii) upload content you own to the Site’s servers, which will be available to you and all other Users of the Service; (iii) follow and interact with other Users on the Service. You agree not to download (other than page caching) or modify the Service, or any portion of it or content contained in it, except with ElectraFM’s prior express written consent. Any audio work made available via the Service is intended for Streaming only. For purposes of this Agreement, Streaming means the digital transmission of an audiovisual work via the Internet from the Service to a User’s device in such a manner that the data is intended for real-time listening and not intended to be copied, stored or permanently downloaded by the User. Accessing our audio for any purpose or in any manner other than Streaming and/or broadcasting is expressly prohibited. This license does not include any resale or commercial use of the Site, the Service, or its contents, or any downloading or copying of account information for the benefit of yourself or any third-party. The Service is for personal use only and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose except those that may be specifically endorsed or approved in advance by ElectraFM in writing. You may not authorize any third party to use your account. Use of any automated script, program, and or mechanism to collect, scrape, retrieve, and or gather any information and or User Content from ElectraFM is strictly prohibited without prior written consent.

If we find you are making illegal and/or unauthorized use of the Service, including without limitation, collecting usernames, email addresses, image files, css files, javascript files or User Content for any wrongful purpose, or are otherwise violating this Agreement, we may investigate you and/or take any other appropriate action against you. ElectraFM reserves the right to remove without notice any commercial advertisements, affiliate links, and other forms of solicitation or spam, which may result in termination of you account and/or Site use privileges.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, content, music, text, page layout, or form) of ElectraFM and our affiliates or other Users. You may not use any meta-tags or any other “hidden text” utilizing ElectraFM’s name or trademarks without the express written consent. Any unauthorized use terminates the permission or license granted by ElectraFM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Service so long as the link does not portray ElectraFM, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any ElectraFM logo or other proprietary graphic or trademark as part of the link without ElectraFM’s advanced express written permission.

You will NOT misuse the service by, including without limitation:

Interfering with, manipulating, or taking any actions that may undermine the integrity of the Service or any system or algorithm used on the Service;
Interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service
Impersonating or misrepresenting your affiliation with any person
Collecting or storing personal data or information about other users
Harassing, abusing, or harming another User
Contacting, soliciting, or selling to any other user without their prior explicit consent
Reverse engineering or decompiling any elements of the Service
Employing or embedding any third party advertising, sponsorships, donation links or promotions links
Employing third party sites or tools to automatically generate artificial subscribers, listeners or views; or
encouraging or enabling any other individual to do any of the foregoing.

Without limiting other remedies, if ElectraFM finds, in ElectraFM’s sole discretion, that you have violated this Agreement or misused the Service in any way, we may warn users of your actions, issue a warning, and/or temporarily or indefinitely suspend or terminate your account and refuse to provide the Service or any part of the Service to You.

You are solely responsible for your interactions with other users of the Service. ElectraFM reserves the right, but has no obligation, to monitor disputes between you and other users.

Intellectual Property

ElectraFM is the owner of all intellectual property rights, including all copyrights, patents, trademarks associated with the Service, including all associated software, logos, text, and graphics, but excluding the Music. You agree not to display or use any ElectraFM intellectual property without permission.

Digital Millennium Copyright Act

ElectraFM respects the intellectual property of others. The Service operates as a free music promotion platform, and we strictly abide by the processes set forth in the U.S. Digital Millennium Copyright Act (“DMCA”).

If you believe that your work has been played, copied or used by Us in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ElectraFM’s copyright agent with a DMCA takedown notice containing the following information (a “Notice”): (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a hyperlink URL to the specific material that you claim is infringing on the Service (please note, providing a song, artist, or album name is not sufficient; you must provide a unique hyperlink URL to each item of material that you claim is infringing on the Service); (4) your address, telephone number, and email address; (5) 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; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to ElectraFM’s copyright agent at:

David Jimenez
Copyright Agent
Legal Department
ElectraFM
Privada Ogazon #6, Sayula, Jalisco, Mexico.
Phone: +52 553 268 5044
Email: contacto@electrafm.com

Please note that this procedure is solely for notifying ElectraFM that you believe a improperly use of your copyrighted material.

ElectraFM is a U.S. service, operated from U.S. servers, in accordance with U.S. laws, including but not limited to, the DMCA. You agree that you will not use the Service or export any portion of the Service, including the User Content, in violation of U.S. export regulations. You are responsible for adhering to all relevant local and national laws wherever you are.

External Links

The page may contain links to third party websites that are not owned or controlled by ElectraFM. ElectraFM is not responsible for any Content, third-party content, syndicated content, applications, services, advertisements, and/or links that may be contained in the Service. ElectraFM has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. By using the Service, you expressly relieve ElectraFM from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit. Any correspondence, business dealings with, syndication, linking or participation in promotions of third parties found on or through the Service, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties.

Important Information

This Agreement and any additional terms, rules or regulations posted on the Service constitutes the entire agreement between you and ElectraFM and govern your use of the Service, superseding any prior agreements between you and ElectraFM. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

The failure of ElectraFM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Except as explicitly stated otherwise, any notices to ElectraFM shall be sent by certified mail, return receipt requested, to ElectraFM – 3961 Nw 26th St. Miami, FL 33142, Attn: Legal Department. Notice shall be deemed given three (3) days after the date of mailing.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

This Agreement and the relationship between you and ElectraFM shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. For all claims or causes of action arising out of this Agreement or your use of the Service, you and ElectraFM agree to submit to the personal and exclusive jurisdiction of the courts located within Alachua County, Florida. To the extent permitted by law, you agree that any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We are not responsible for the abuse that can make the content of our site. In no event or circumstance may be held liable directly or indirectly to the owner or partners unlawful use of the information contained in electrafm.com. Likewise, we may not hold directly or indirectly from improper use or wrong interpretation of the information and service included. It also was left out of our responsibility to the field that you can access from our links.
If in your country, this type of page is prohibited, you and only you are responsible for the entrance to electrafm.com. If you decide to stay at electrafm.com, it means that you have read, understood and agree to the conditions of this page.

IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.