OnTilt Radio’s Terms and Conditions
Please read these terms and conditions (“terms and conditions”, “terms”) carefully before using OnTilt Radio website (“website”, “service”) operated by OnTilt Radio (“us”, ‘we”, “our”).
Conditions of use
By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the website accordingly. OnTilt Radio only grants use and access of this website, its products, and its services to those who have accepted its terms.
Privacy policy
Before you continue using our website, we advise you to read our privacy policy [link to privacy policy] regarding our user data collection. It will help you better understand our practices.
Age restriction
You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. OnTilt Radio assumes no responsibility for liabilities related to age misrepresentation.
Intellectual property
You agree that all materials, products, and services provided on this website are the property of OnTilt Radio, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the OnTilt Radio’s intellectual property in any way, including electronic, digital, or new trademark registrations.
You grant OnTilt Radio a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.
User accounts
As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.
We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.
Applicable law
By using this website, you agree that the laws of the Colorado, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between OnTilt Radio and you, or its business partners and associates.
Disputes
Any dispute related in any way to your use of this website or to products you purchase from us shall be arbitrated by state or federal court Colorado and you consent to exclusive jurisdiction and venue of such courts.
Indemnification
You agree to indemnify OnTilt Radio and its affiliates and hold OnTilt Radio harmless against legal claims and demands that may arise from your use or misuse of our services. We reserve the right to select our own legal counsel.
Limitation on liability
OnTilt Radio is not liable for any damages that may occur to you as a result of your misuse of our website.
OnTilt Radio reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between OnTilt Radio and the user, and this supersedes and replaces all prior agreements regarding the use of this website.
Promotions
It may be that there are specific promotional terms set out on the individual landing page for the relevant promotion, in which case reference should also be made to such specific promotional terms.
By participating in a promotion on the site you agree to the standard promotional terms set out below in these terms of use as well as any specific promotional terms and of course these terms of use. In the case of any inconsistency between the standard promotional terms and the specific promotional terms the specific promotional terms shall prevail, but only to the extent necessary to avoid such inconsistency.
We may from time to time run promotions. Details of each promotion will be set out in any communication issued with regards to such promotion. The period of time during which each promotion will run will be set out in the promotional communication. If no such period of time is stated then a promotion will end when it is discontinued on the site at our sole discretion.
Unless otherwise stated, participation in a promotion is limited to registered users of the site (i.e. those legally entitled to use the site in accordance with these terms of use), one entry per person, family, household, address or organisation, and any other terms as may be set out in any specific promotional terms and/or communicated to you by us from time to time.
We reserve the right to restrict participation in certain promotions to users, who fulfil certain criteria, to limit the number of participants and/or to disqualify any entrants at our sole discretion.
Unless stated otherwise, participation in a promotion is voluntary. It shall be the responsibility of entrants to make their own enquiries as to whether such activity is permissible in their own jurisdiction. Each person should ensure that he or she would be acting legally in that jurisdiction in entering such promotion.
Employees of OnTiltRadio.com are ineligible from taking part in promotions.
We reserve the right, at our sole discretion, to disqualify any user who cheats or who tampers or attempts to tamper with the entry process for, or the operation of, any promotion, or whose conduct is in breach of the rules, contrary to the spirit of the rules or the intention of the relevant promotion, or might, in our reasonable opinion, bring us, any of our group companies or any of our or their respective brands into disrepute.
With regards to prizes, the odds of winning a prize depends on the total number of eligible entries received. No cash or other substitution of a prize is permitted. We will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes. Any entitlement to receive a prize is non-transferable.
We reserve the right to cancel, remove, withdraw promotions or amend any standard or specific promotional terms without liability and without notice. We and/or our authorised agent shall not be liable for any damages howsoever arising as a result of any such modification, alteration, discontinuance or termination of any promotion.
If a promotion cannot be executed as planned, including due to any technical problems or circumstances beyond our control, we shall incur no liability.
We reserve the right to alter, discontinue or terminate any promotion, or any aspect of it, at any time, with or without notice, for any reason whatsoever, including without limitation if there has been any printing, production, distribution or other error in any promotional communication or on the site, or where there has been any error in the preparation for or conduct of any promotion affecting the result of the promotion or the number of participants or the value of claims.
The rules of any promotion, whether standard or specific, may be modified by us at any time by posting the modified terms on the relevant page(s) of the site. We recommend that you revisit these terms of use and any specific promotional terms regularly. By your continued participation in any such promotion, you accept any such modified terms.
You may not assign or transfer any or all of your rights or obligation with regards to a promotion.
In the event of any decision or dispute relating to the validity of any entry, the eligibility of any entrant and the eligibility for a promotion, our decision will be final.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference and you may draw the attention of others within your organisation to material posted on the site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged.
You must not use any part of the materials on the site for commercial purposes without obtaining a license to do so from us or our licensors.
For the avoidance of doubt, the answers to any quizzes on the site form part of our portfolio of intellectual property and thus the transfer of these answers, the replication or publishing in any way or form is prohibited.
If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Should you publish any kind of content that is copyrighted or under legal protection in any other way on the site (e.g. by publishing the content in the forum, news, comments or the community etc) you authorise us to store and publish this content on the site free of charge as often as desired by us, at any time or place, making it publicly accessible and held ready for retrieval by a third party.
Furthermore, through such contributions, you assure us that you possess the legal rights of the content posted, and have not transferred and/or disposed of such rights in any other way. We are not obligated to verify the validity, completeness and legality of your contributions, particularly in the community area. While we may adjust the format of any posts you make in order to optimize viewing you continue to be liable for, and indemnify us against, any breach of intellectual property rights that subsist in the material posted.
Reliance on information
Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on any advertising materials by any visitor to the site, or by anyone who may be informed of any of its contents.
Changes
We aim to update the site regularly, and may change the content at any time. If the need arises, we may suspend access to the site, or close it indefinitely. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material.
Liability
The material displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any website linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
If anyone brings a claim against us related to your actions, content or information posted on the site, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. You undertake to inform us forthwith of any claim or action brought against you for any acts on the site.
Information about you
We process information about you in accordance with our privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.
Uploading material to the site
Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to the site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose information about you to any third party who is claiming that any material posted or uploaded by you to the site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.
We have the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
We are unable to control all of the content posted by users. When we become aware of any content being in breach of these terms and conditions, we will remove such content immediately. If you notice any kind of abusive behavior of another user or notice that the content of any contribution of another user is in contradiction of these terms and conditions and/or violates any other laws, contact us by sending an email to su*****@On*********.com.
Viruses, hacking and other offences
You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing information about you to them. In the event of such a breach, your right to use the site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.
Linking to the site
You may link to the site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
The site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on the site other than that set out above, please address your request to su*****@On*********.com.
Links from the site
Where the site contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those site or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The Gibraltarian courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Gibraltar.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions shall not be affected.
If any invalid, unenforceable or illegal provision of these terms and conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
Your concerns
If you have any concerns about material which appears on the site please contact su*****@On*********.com.
Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and us under which you may access our site. This Acceptable Use Policy applies to all users of, and visitors to, the site.
Your use of the site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms of website use.
Prohibited uses
You may use the site only for lawful purposes. You may not use the site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of the site in contravention of the provisions of our Terms of website use.
Not to access without authority, interfere with, damage or disrupt:
any part of the site;
any equipment or network on which the site are stored;
any software used in the provision of the site; or
any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on the site, including, without limitation:
Chat rooms.
Bulletin boards.
(interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the sites, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Content standards
These content standards apply to any and all material which you contribute to the site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in Gibraltar and in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You assure us that the content of any uploaded, saved or linked contribution/material that is provided, presented or published and made publicly available by you, does not contain:
any advertisements for other companies (especially other competitors of ours), any advertisements giving a negative image/impression of the sites or any comparative advertisements;
any so called “rakeback offers”; or
viruses, fraudulent content, trojans or unsolicited mass mailings (so called “spam”) in any way.
Likewise, you assure us that the content does not violate:
any personal rights and the rights of third parties;
any legal and official provisions and/or prohibitions;
internet manners and code of conduct (netiquette, chatiquette); or
public morals.
Therefore, your contributions must not contain any content perceived as obscene, insulting, defaming, defamatory, pornographic, not fit for minors, racist, xenophobic, or condemnable in any other way.
You further assure that you will not contact other users of the site in any manner with the aim to lure such users away from the site. If you are found to have done this we may delete your account at the site.
Suspension, exclusion and withholding of starting capital
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of website use upon which you are permitted to use the site, and as an example may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to the site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate. We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Examples of events where you will be excluded or the starting capital will be withheld or denied:
when you enter incorrect and/or invalid information or details during registration or payment;
when you or a third party on your behalf makes an attempt to register more than one account at the site or any related poker site;
when you provide any form of rakeback offer;
when you try in any other way to lure away other users from the site;
when you act in breach of any of our terms and conditions; and
when you have acted in another illegal manner.
Liability
You will be liable for all damages sustained by us as a result of your violation by you or by a third party on your behalf of the above listed conditions.
Changes
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the site.
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