Terms & Conditions

The Terms & Conditions and Statement of Privacy for the “Endless Party Radio Show” LLC (EPR) as of 8/30/2016

 

By subscribing to the Endless Party Radio Show or logging on to the Endless Party Radio Show  Website(the “Site”) or the Endless Party Private Group Facebook page, you agree to the following terms and conditions of use.  The Service and Site shall be referred to, collectively, herein as the “Show”.  This is a contract (the “Agreement”) in electronic form between you (“you,” “your,” and “yourself”) and from “Endless Party Radio Show” (EPR), LLC. and its successors, subsidiaries, and affiliates . All references to EPR shall include Layne “The Doc” Roberts and, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of EPR.

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR SERVICE. BY ACCESSING OR USING THE SITE OR THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND ALL MODIFICATIONS HERETO. PLEASE DO NOT USE THE SITE OR THE SERVICE IF YOU DO NOT AGREE WITH THIS AGREEMENT.

 

SUBSCRIPTION

The Service consists of audio and/or video shows (“shows”) of the “Endless Party Radio Show and, potentially, other programs. We reserve the right to determine, in our sole discretion, the number, length, frequency, and medium (audio and/or video) of shows produced in connection with the Service. At this point in time as of 8/30/2016 starting Monday September 5, 2016 at 10am – Noon the “Endless Party Radio Show” will broadcast live Monday-Friday 10am-Noon.  Some shows aired could be from previous shows from the archive section of our site. Not every show will be live and it will be at the sole discreation of Layne Roberts as when shows might be re-played.

 

In order to become a Service subscriber, you must be at least eighteen (18) years of age and complete the registration process by providing complete and accurate information as requested in our online subscription platform through PayPal .  After you have fully subscribed and chose the plan you want,  you will then choose a member name and a password. This will be your user name and password to log into the show from the Listen Now button.  The combination of the e-mail address and member name you enter at registration form a unique identifier for your account when you log on to the site and click on the listen now page. You agree that EPR has the right to send email to the email address we have on file for your membership account and you consent to receive this email but you can always un-subscribe or cancel at any time as it will be detailed further in these terms.

 

By subscribing and becoming a member to EPR, you may listen or view the show on only one device at a time. You should not provide your username and password to anyone, and you have the obligation to protect your username and password from unauthorized use. You agree to notify us immediately of any unauthorized use of your account.  We are not liable for any loss that you may incur as a result of someone using your password or account, either with or without your knowledge.

 

Your subscription may automatically renew through the PayPal platform under this Agreement. Your subscription will continue for the length of the initial term you select on your plan and at the end of your prepaid subscription, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel through the PayPal platform prior to that renewal. Your account will automatically be charged at the rates in effect at the time of renewal. Our fees are subject to change without notice.

 

EPR may, in its sole discretion, make available free or paid trial offers. Upon expiration of the trial period, you may automatically be enrolled as a member/subscriber at the rates then in effect if you have provided the PayPal platform with valid payment information. You must cancel your subscription prior to the end of the trial offer to avoid charges to your payment method. Trial offers are limited to one per household.

 

You understand that EPR is not obligated to provide you with access to any particular number of archived Episodes just by subscribing to EPR. Different membership levels (i.e., promotional, monthly,  quarterly, yearly, etc.) may or may not have access to a different number of archived Episodes and there may be limitations on the number of times an Episode may be downloaded per each account. For example, a trial or monthly subscriber may only have access to a limited number of archived Episodes. Upon the cancellation of your subscription, all access to archived Episodes will be terminated.

 

The Material is for your personal, entertainment, and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or products obtained from the Site, Private Group Facebook page etc. without our prior written consent. Your membership and the show may not be assigned or transferred to any other person or entity, nor may you provide any other person or entity with access to your membership, either directly or indirectly which is cause for termination and or legal action.

 

Your access to the show may be unavailable or interrupted from time to time for a variety of reasons, many of which are beyond our control. We are not responsible for any interruptions of your access to this show anytime.

 

The “Endless Party Radio Show”LLC (EPR) reserves the right to refuse or revoke service to you or any user at any time.

 

CANCELLATION:

You may cancel your membership/subscription at any time by going to the PayPal platform where you initially subscribed.  Billing is usually automatically renewed, so should you wish to do so you should cancel your membership at least 72 hours before it renews.  If you do not cancel your membership at least 72 hours prior to the end of your current membership period, your membership shall continue until the end of the next membership period following the receipt of the notice of termination. Subscription fees are nonrefundable and no refunds will be made for unused portions of subscriptions.

 

If  the “Endless Party Radio Show” LLC (EPR) ceases to permanently operate, EPR shall refund the unused portion of the membership/subscription fee on a 30-day month (for monthly or biannual subscribers) or 52-week year (for yearly subscribers) pro-rata basis within ninety (90) days of such termination.

 

EPR reserves the right to terminate your access to the show for any reason, at any time, without notice.  Upon such termination, EPR  shall return the unused portion of your Service subscription fee on a 30-day month (for monthly or biannual subscribers) or 52-week year (for yearly subscribers) pro-rata basis within ninety (90) days of such termination.  

 

DISPUTE RESOLUTION

This Privacy Policy and the Terms & Conditions are governed by the laws of the State of Pennsylvania, without respect to its conflict of laws principles. Jurisdiction for any claims, lawsuits, or other actions (collectively, “Claims”) arising under this agreement shall lie exclusively with the state or federal courts within Pennsylvania. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. If any provision of this Privacy Policy and the Terms & Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of this Privacy Policy and the Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term. You agree that neither you, nor your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other subscribers, or other persons similarly situated.

 

MODIFICATION OF THESE TERMS OF USE:

EPR reserves the right, at its discretion, at any time, to change this Privacy Policy and the Terms & Conditions.  It is important to regularly review this Privacy Policy and the Terms & Conditions to stay informed with regard to changes governing your use of this entertainment show.  Your continued subscription to the Service and use of the Site constitutes your agreement to this Privacy Policy and the Terms & Conditions as revised.

This Privacy Policy and the Terms & Conditions constitute the entire agreement between you and EPR with respect to the use of the show. No changes shall be made except by a revised posting on this page and may not be modified by any advertisements of EPR or oral or written communications by EPR, except for a written and signed communication from an authorized officer of EPR.

 

LINKS TO THIRD PARTY SITES:

The Site contains links to third party web sites. These linked sites are not under the control of EPR and we are not liable for the contents of any linked site.

 

RESTRICTIONS ON USE:

As a condition of your use of the membership, you will not use the show for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the show in any manner which could damage, disable, overburden, or impair any website or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the show, any related website, other accounts, computer systems or networks connected to the show, through hacking, password mining or any other means. You may not obtain or attempt to obtain any show or information through any means not intentionally made available through the show. Your access to the show may be terminated immediately, with or without notice from EPR, if you fail to comply with any provisions of these terms and conditions.

EPR shall have the right, but not the obligation, to monitor the content of the Site and use thereof to determine compliance with this Agreement.

 

SOFTWARE:

All programs  (“Programs”) if any that is made available to view and/or download in connection with the show and might be owned or just controlled by EPR and/or its licensors, affiliates and suppliers and is protected by intellectual property laws and international treaty provisions.  Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the programs, and EPR accepts no responsibility or liability in connection with any program owned or controlled by third parties.

 

INTELLECTUAL PROPERTY:

The show on EPR and all of its content including, but not limited to, articles, other text, logos, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “EPR Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The EPR Property is owned or controlled by EPR or the party credited as the provider or owner of EPR Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of EPR and protected by U.S. and international copyright laws.

 

USER SUBMISSIONS:

Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Site or the private group Facebook page by listeners/members (“Submitted Materials”) shall become, and remain, the property of EPR. You agree that any Submitted Materials, in whole or in part, may be used by EPR or any of its affiliates for any purpose including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media, including but not limited to in connection with television and/or radio broadcasts. You additionally agree that EPR is free to use any ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on or via the Site or the private Facebook page for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By submitting such Submitted Materials, you are assigning and transferring any and all right, title and interest in Submitted Materials to EPR, including any moral rights. You represent and warrant that Submitted Materials do not infringe any third-party intellectual property rights. You agree not to transmit any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or profane material, any material submitted without permission under another person’s name, or other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. You shall not, without the express written approval of EPR submit any materials which contains advertising or any solicitation with respect to products or services. EPR shall have the right, in its sole discretion to edit or remove any material portion of Submitted Materials, which in its sole discretion, it finds to be in violation of the provisions of this agreement or otherwise objectionable.

 

DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY PART OF THE SITE ACCESSIBLE TO USERS, INCLUDING YOUR TELEPHONE NUMBER, HOME, BUSINESS OR EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK.

 

LIABILITY DISCLAIMER:

“Endless Party Radio Show” LLC (EPR) AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MATERIAL FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EPR AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

YOU SPECIFICALLY AGREE THAT EPR SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OR INTERCEPTION OF YOUR PERSONAL INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU SPECIFICALLY AGREE THAT EPR IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE MATERIAL BY ANY THIRD PARTY.  YOU FURTHER AGREE THAT EPR AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE MATERIAL AND/OR MAY DISCONTINUE ANY PART OF THE MATERIAL AT ANY TIME.

 

IN NO EVENT SHALL EPR AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR UNAUTHORIZED ACCESS TO OR ALTERATION OR INTERCEPTION OF YOUR PERSONAL INFORMATION/DATA, TRANSMISSIONS OR OTHER DATA, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MATERIAL, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MATERIAL, OR OTHERWISE ARISING OUT OF THE USE OF THE MATERIAL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EPR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN EPR’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO YOUR MEMBERSHIP FEE.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MATERIAL, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MATERIAL AND UNSUBSCRIBE FROM ANY APPLICABLE SERVICE.

 

INDEMNIFICATION:

You agree to indemnify and hold EPR, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of EPR harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any parts of this show or related services or any information posted by you on the Site; (b) your use of any Submitted Materials, products or services offered by third-parties through the Site, including without limitation any damage to any software or hardware as a result of any viruses; (c) your download and/or use of any of the software available for download through any part of the Site; (d) your alleged breach of this Agreement; or (e) the suspension or termination of your membership as provided in this Agreement.

 

SERVICE CONTACT:

You may e-mail any and all requests to info@endlesspartyradioshow.com
STATEMENT OF PRIVACY: EPR is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. We may collect anonymous and personally identifiable information (e.g., e-mail addresses, name, home or work address, telephone number, date of birth etc.) as well as information about your computer hardware and software (IP address, browser type, domain names, access times, referring web site addresses, etc.). This information is collected and used to operate the “Endless Party Radio Show” LLC (EPR), deliver services you have requested, and inform you of other products and services available from EPR, its affiliates, and third party business partners. EPR and its related websites may use “cookies” to help you personalize your online experience. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site. We welcome your comments regarding this Statement of Privacy. If you believe that we have not adhered to this Statement, please contact us. We will use commercially reasonable efforts to promptly determine and remedy the problem