4-Fees, Payments and Refunds

4.1 Browsing the Website is free of cost, however in order to access the Services, you must purchase paid services in the form of a recurring subscription.

4.2 All charges for the paid services (“Charges”) are posted on the Website. You agree to pay for paid services according to these Terms. Different Charges are imposed for added functionality in order to enhance the user experience. When you sign-up for the first time, you will get a seven-day free trial of the paid services (“trial period”). If you cancel the subscription during the trial period as provided in clause. 4.6 below, your credit card will not be charged.However, if you do not cancel the subscription after the conclusion of the trial period as mentioned in clause 4.6 below, your credit card will be charged for the entire duration of the subscription. In that instance, the term of your subscription shall commence as of the day when your trial period began.

4.3 Paid service is a prepaid subscription service with monthly (30 days) or semi-annually (183 days) or annual (365 days) payments. The subscription automatically renews at the end of the paid period unless explicitly cancelled before the start of new billing period (see clause 4.6 below).

4.4 Monthly payments are due every 30 days starting from your first payment (or 183 days in case of a semi-annual plan or 365 days in case of an annual plan). In case of an unsuccessful charge to your credit card, we will automatically suspend paid features of your plan until monthly, semi-annually or annual payments can be processed.

4.5 As long as you are using paid services, you agree to provide Old Time Radio Club with valid credit card information and authorize us to deduct the monthly charges against that credit card. You will replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we are unable to process your credit card order, we will try to charge 3 more times within the next few days. Consecutive charge retries do not change and/or extend your monthly or annual renewal date.

4.6 You may cancel your subscription to paid services at any time. After cancellation, no further amounts will be charged to your credit card. You have to explicitly cancel your subscription to paid services on the Website or by writing to info@oldtimeradioclub.com before the next payment date or your subscription will auto renew, and you will be charged your next subscription fee. In case of auto renewal, all paid services will be provided to you for the next month. If you have more than one account with Old Time Radio Club, you will need to cancel each account separately.

4.7 We provide refunds under these circumstances only: a) customer explicitly cancelled the account as mandated in the clause 4.6 but the cancellation request was not processed by us in time; or b) a system-wide malfunction prevented the system from rendering enabled paid services to a customer for the majority of the paid for period, and customer reported the incident(s) with evidence to Old Time Radio Club support team during the paid for period. Customer(s) will not be entitled to a refund from Old Time Radio Club under any other circumstances.

4.8 We may introduce new or cancel existing paid services and features at any time and change pricing from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our Website.

4.9 All prices for Services are calculated in the currency mentioned on the Website and your credit card will be charged accordingly. Prices in other currencies are provided for informational purposes only and might fluctuate due to exchange rate changes.

4.10 You are responsible for any taxes imposed on the services provided under this agreement except in cases where legislation requires us to collect the taxes.

4.11 We reserve the right to shut down our Services at any time if we feel that you are abusing our system in any way. If we determine that you have abused the system in any way, and we shut down your account, we do not provide refunds for unused services.

4.12 Reselling and/or retransmission of the Services to third parties is not permitted under any circumstances.

5-Cancellations and Inactivity

5.1 You or Old Time Radio Club may terminate this Agreement at any time and for any reason by giving Notice to the other party. Termination of the agreement means that you will lose access to your account.

5.2 We may at any time terminate our agreement with you if (a) you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (d) we have elected to discontinue the Services (or any part thereof).

5.3 Once terminated, we may permanently delete your account and all the data associated with it.

5.4 If you do not log in to your account for six or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

5.5 If Old Time Radio Club terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued even if you have unused, prepaid amounts for Services under this Agreement.

5.6 For all accounts, Old Time Radio Club may charge an account Reactivation fee should an account need to be Reactivated by a customer after an account has become de-activated due to breach of this Agreement and/or long period of inactivity.

6-Intellectual Property Rights

6.1 The Services and Website contain Intellectual Property of Old Time Radio Club in the form of website content, graphics, videos, audio, text and any other digital content (“Website Content”). This is an Agreement for the Services, and you are not granted a license to any Website Content under this Agreement. You will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or the Website, or Website Content; (ii) remove any proprietary notices or labels from the Website Content; reproduce or copy the Website Content or any part thereof; (iii) modify, translate, or create derivative works based on the Website Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Website Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; or (vii) allow third parties to gain access to the Services or to Website Content in any manner other than as expressly permitted in this Agreement.

6.2 The Services shall be used for your own personal and non-commercial purpose only and you shall not use the Services or any Website Content for your commercial benefit or commercial benefit of any third party.

6.3 You acknowledge and agree that the Services, the Company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Services, are the property of the Old Time Radio Club or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Old Time Radio Club or by other parties that have licensed their material to Old Time Radio Club. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Old Time Radio Club. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain in Old Time Radio Club or its third-party suppliers, as the case may be.

6.4 You acknowledge and agree that any comments, ideas and/or reports provided to Old Time Radio Club (“Feedback”) shall be the property of Old Time Radio Club and you hereby irrevocably transfer and assign to Old Time Radio Club such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.

7-Privacy Policy

7.1 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Old Time Radio Club. Old Time Radio Club may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.

7.2 We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

8-Limitation of Liability

8.1 To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team will notbe liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

9-No Warranties

9.1 To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

9.2 From time to time, there may be down-time, either scheduled or unscheduled, which may occur. Old Time Radio Club will work within reason to ensure this amount of down-time is limited. Old Time Radio Club will not be held liable for the consequences of any down-time.

9.3 Old Time Radio Club cannot guarantee that Website Content or Content available for download and/or streaming from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release Old Time Radio Club entirely of all responsibility for any consequences of its use.

10-Indemnity

You agree to indemnify and hold Old Time Radio Club harmless from any losses (including attorney fees) that result from any claims you make that are notallowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

11-Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

12-Choice of Law

Laws of the state of New Jersey will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the courts in Union County, New Jersey, and each party will be subject to the jurisdiction of those courts.

13-Force Majeure

We will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

14-Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Rights, Compliance, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

15-Severability

If it turns out that a section of this Agreement is not enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

16-Interpretation

The headers are provided only to make this agreement easier to read and understand.

17-Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service. The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

18-Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or post it on our Website. Any notice to us will be effective when delivered to us at info@oldtimeradioclub.com , or any addresses as we may later post on the Website.

19-Entire Agreement

These Terms, our Privacy Policy, and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.