Legal

XMSY.FM Terms of Service
Last Updated: [Date of last update, e.g., October 26, 2023]

Welcome to XMSY.FM, an online radio station owned and operated by Speeddog Omnimedia (“Speeddog Omnimedia,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website, streaming services, and any other related content, products, or services we provide (collectively, the “Service”).

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Service.

1. Acceptance of Terms

By using the XMSY.FM Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. These Terms constitute a binding legal agreement between you and Speeddog Omnimedia.

2. The Service

XMSY.FM provides a free online radio streaming service. The Service allows you to listen to our broadcast, view information about our programming, and access other related content. We reserve the right to modify, suspend, or discontinue the Service at any time, for any reason, with or without notice.

3. User Conduct

You agree to use the Service only for lawful purposes and in a way that does not infringe upon the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Service. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our Service.

4. Intellectual Property

Our Content: All content on the XMSY.FM website and streaming service, including but not limited to, music, show names, jingles, logos, text, graphics, and trademarks are the intellectual property of Speeddog Omnimedia or our licensors. You may not reproduce, distribute, modify, or create derivative works of any of our content without our prior written permission.

User-Submitted Content: If you submit any content to us (e.g., song requests, comments, or submissions for contests), you grant Speeddog Omnimedia a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, and display that content in connection with the Service. You represent and warrant that you own or have the necessary rights to grant us this license.

5. DMCA and Copyright Infringement

Speeddog Omnimedia respects the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us with a detailed claim.

6. Third-Party Links and Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Speeddog Omnimedia. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. You access these links at your own risk.

7. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” SPEEDDOG OMNIMEDIA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPEEDDOG OMNIMEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (iii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY.

9. Indemnification

You agree to defend, indemnify, and hold harmless Speeddog Omnimedia and its affiliates, 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: (a) your use of and access to the Service; (b) your violation of any term of these Terms; or (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of law provisions.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on our website. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

12. Contact Us

If you have any questions about these Terms, please contact us at:

Speeddog Omnimedia