The Swank Pad
Interesting stuff on the site but that isn’t the reason for the post. In the upper left hand corner there is the Hi-Fi button to push to listen to the radio feed. So being into some of this kind of music I try it. It takes me to Live365. Which says that the feed is only available to VIP users. This is not the first site I have gone to lately that uses Live365 and who knows it may be reasonable enough to try for a month. So I decide to see how much this radio thingie is. Go to the join now page and see that the payments are $5.95 a month or less depending on how long you are willing to, untried, commit to. Then I go and look at the TOS. Which are posted below in all it’s splender. I especially like section 8 where you have to send them written notice to cancel the service. After reading this CRAP I think I will PASS even though there are several stations that are only on this service that I would like to listen to. But not enough to put up with this kind of gargage agreement:
Preferred Membership Agreement
Live365, Inc. d/b/a Live365.com, 950 Tower Lane, Suite 400, Foster City, California 94404, USA (Live365); and Member (Member).
Live365 operates the Internet radio service Live365.com. Member wishes to use Live365’s Preferred Membership Services via the Internet. Live365 and Member agree as follows:
1. Services
Live365 provides to Member its Preferred Membership experience, as defined in the Preferred Membership Order Form (located at http://www.live365.com/listen/preferred-member.live) and made a part hereof. Live365 will remove Live365-placed third-party ads from its broadcast stations — including audio ads, banner ads, and pop-up ads – for Preferred Member, provided that monthly fees have been paid, and that the Preferred Member is logged in appropriately. Live365 may insert Live365 network IDs, PSAs, and reserves the right to insert other audio announcements if Live365 determines that they are needed in order to inform Member of urgent information. Live365 reserves the right to modify the Services.
2. Fees and Payment
Member shall pay Live365 a Fee for such Services. Live365 reserves the right to increase the Fees on the provision of 7 days’ notice to the Member via email to member’s registered email address or Website announcement; if Member disagrees with such increase, Member may discontinue the service. Live365 reserves the right to charge Member for credit or debit card charges, where applicable. Member is responsible for payment of all taxes, duties or levies imposed, other than Live365’s income taxes. If the Fees are not paid within 8 days of the due date, Live365 may elect to charge interest on outstanding Fees at the rate of 1.5% per month or the maximum amount allowed by law, and may terminate the service. Member must provide notice of billing discrepancies within 30 days after receipt of invoice, else Member shall be deemed to have accepted the amounts due and releases Live365 from any liability and claims of loss resulting from any error or discrepancy.
3. Compliance
Member shall at all times comply with all applicable laws, rules and regulations and Live365’s policies (as amended from time to time), including, without limitation: (a) the Privacy Policy; (b) applicable data protection laws, rules and regulations in any applicable jurisdiction; and (c) codes of practice, including without limitation the Internet Industry Association Code of Conduct.
4. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, LIVE365 PROVIDES THE SERVICES “AS IS,” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. LIVE365 EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL LIVE365 BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, EVEN IF LIVE365 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIVE365’S LIABILITY FOR ACTS OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.
5. Disclaimer
THIS SECTION CONTAINS THE ONLY WARRANTIES, EXPRESS OR IMPLIED, MADE BY LIVE365. ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED AND DECLINED. LIVE365 DISCLAIMS ANY IMPLIED WARRANTIES, PROMISES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND / OR NON-INFRINGEMENT, WHETHER AS TO ANY SERVICES OR TOOLS RENDERED BY LIVE365 AND / OR THE TECHNOLOGY DEPLOYED IN CONNECTION THEREWITH. LIVE365 MAKES NO REPRESENTATION THAT THE OPERATION OF THE LIVE365.COM SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LIVE365 WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
6. Discontinuance
Live365 reserves the right to cease, discontinue, suspend or delete Member’s service if, in Live365’s sole opinion, the Member is in breach of any part of this Agreement. If Live365 ceases, discontinues, suspends or deletes Member’s service, Live365 shall provide Member with at least three days notice sent via e-mail to Member’s registered e-mail address.
7. Term; Termination
This Agreement commences on the date on which Member accepts the terms of this Agreement and makes appropriate payment for such Preferred Membership Services and, subject to Parties’ rights of termination below, shall continue unless either party terminates such service. Member can request termination of service by following instructions contained in the “Help” section of the Live365 website. Live365 shall have no obligation whatsoever to repay any amounts (including payments in advance) received from Member in respect of Services provided hereunder.
8. Refund and Cancellation Policy
There will be no refunds for current, paid service after three (3) days of which service has been rendered. In addition, cancellation of all services requires written notice, and may require that Member complete a short Web form. Written notice may be mailed to Live365, Inc., 950 Tower Lane, Suite 400, Foster City, CA 94404 or emailed to cancellations@live365.com. Upon receiving Member’s e-mail notice, Live365 may require that Member complete a Web form or phone call for termination of service. Member’s service will be terminated when Member successfully completes and submits the Web form and receives confirmation of service termination via email from Live365. If Member would like to cancel Member’s service at the end of its current paid Term, Member must provide at least ten (10) days written notice and follow the additional cancellation procedures required by Live365, or Member’s service will automatically extend and Member will be billed for an additional Term of the same length as the previous Term. No refunds will be paid on current paid service, prepaid services, setup fees, upgrade fees, rush charges or change fees. You may request a refund in writing at the above address or by email to billing@live365.com within three (3) days of purchase of any Live365 services. Live365 may choose, but is not obligated, to issue a refund. Live365 may choose, but is not obligated, to offer prorated credits toward new service upon change or upgrade to existing pre-paid service(s).
9. Representations and Warranties
In addition to any other representations and warranties contained herein, you represent and warrant that:
* You have full right and power to enter into and perform this Agreement;
* All factual assertions that you have made and will make to Live365.com are true and complete; and
* You are of the age of majority and have the full and complete right to agree to the terms contained in this Agreement;
10. General
This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous communications relating to this Agreement. The Agreement may be modified occasionally by Live365. Member should check the agreement from time-to-time for modifications and additions. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of the Agreement shall continue in full force and effect. Member may not assign this Agreement without Live365’s prior written approval. No waiver of any breach shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party. No employer-employee relationship, partnership or joint venture is created hereunder. The Parties each agree to take all actions and execute all documents as may be necessary or desirable to carry out or implement and give full effect to the provisions and intent hereof. This Agreement and all matters arising under it shall be governed by the applicable laws of the USA, including U.S. intellectual property laws, and the laws of California applicable to contracts entered into and wholly to be performed therein, without regard to choice of law rules. The Parties consent to the exclusive jurisdiction of the federal and state courts of California.
Themocracy
Summary: All your rights/fees are belong to us!
I can hardly hold myself back from subcribing to these folks. I want to ask them to use my credit card number for anything they wish-wait! Maybe they will anyway! (Do you get that impression too? Like, maybe we missed the line in there that said “Once you have given us access to a form of payment, we reserve the right to use it for anything we wish, at any time we wish. Oh, yeah, would Thursdays be okay for us to boff your wife? It fits our schedule….”)
These guys probably pick up some extra money filming feeding frenzies for the Discovery network-sharks won’t touch ’em, professional courtesy…