Effective as of: June 5, 2020
Welcome to Quake Media services (the “Service”), through which you can access and stream audio content as well as other products and services that may be developed from time to time. The Service is maintained and operated by Quake Media Inc. (“Company,” “we,” “our,” or “us”) and includes, without limitation, all content, audio, text, video, images, and other materials available on the Service (“Content”).
By accessing or using the Service, you represent and warrant that: (i) you are at least eighteen (18) years of age (or the age of majority in your jurisdiction, whichever is greater); (ii) your use of the Service is lawful where you use the Service and will not violate any applicable law, rule, or regulation; (iii) you will only use the Service in a lawful manner; and (iv) you have the right to use any payment method that you use in connection with the Service.
Account: You may be required to create an account to use the Service (“Account”). You agree that the information provided in connection with the Account is accurate and complete and will be kept up-to-date. You are solely responsible for keeping your Account secure, and for actions that happen on or through your Account (including any purchases made), whether or not such actions were taken by you. You may not use another person’s user account or registration information without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for or related to your Account.
Your payment to Company or the third party through which you purchased the Subscription will automatically renew at the end of the applicable Subscription period, unless you cancel your Subscription the day before the end of the then-current Subscription period. If you purchased your subscription through our website, you may cancel your Subscription by (i) signing into your account at quakemedia.com (ii) select Account Overview under Profile in the main navigation, (iii) select Cancel Subscription, and (iv) select Finish Cancellation. If you purchased your Subscription through a third party you must cancel through that third party. The cancellation will become effective on the day after the last day of the current Subscription period. All payments are non-refundable and no partial refunds or credits will be issued for any partial subscription periods.
We may, in our sole discretion, change the price for the Subscriptions from time to time but will communicate any such price changes in advance. Price changes take effect at the start of the next subscription period following the date of the price change or, if specified, on the date we specify in our communication to you. By continuing to use the Service after a price change takes effect, you agree that you accept the new price. If you do not agree with a price change, you must terminate your Subscription prior to the date the price change takes effect.
You agree to provide current, complete, and accurate purchase information for all purchases including your email address, billing address, payment card numbers, and expiration dates so that we can complete your transactions and contact you as needed. By purchasing a Subscription, you authorize us or the applicable third party to automatically charge your payment method on a recurring basis in accordance with the terms of the Subscription you purchased for the applicable subscription charge and any applicable taxes and fees. If your payment method has expired or we are otherwise unable to successfully charge your payment method, we reserve the right to charge any other payment method associated with your account, or cancel or suspend your Subscription.
The Promotions may include opportunities for new users to sign up for Subscription trials for a specified period at no cost or at a reduced price. We may require you to provide your payment details in connection with such trials and at the end of the trial period, you agree that we may automatically charge you for the Subscription on the first day following the end of the trial on a recurring basis according to the Promotion Terms which are disclosed to you in advance. TO AVOID BEING CHARGED ONCE THE TRIAL PERIOD ENDS, YOU MUST CANCEL THE TRIAL BEFORE THE END OF THE TRIAL PERIOD. IF YOU SIGNED UP FOR THE SUBSCRIPTION THROUGH THE WEBSITE, PLEASE TAKE THE FOLLOWING STEPS TO CANCEL YOUR TRIAL: (i) SIGN INTO YOUR ACCOUNT ON QUAKEMEDIA.COM, (ii) SELECT ACCOUNT OVERVIEW UNDER PROFILE IN THE MAIN NAVIGATION, (iii) SELECT CANCEL SUBSCRIPTION, AND (iv) SELECT FINISH CANCELLATION. IF YOU SIGNED UP FOR THE SUBSCRIPTION TRIAL THROUGH A THIRD PARTY, THE SUBSCRIPTION TRIAL MUST BE CANCELLED THROUGH THE APPLICABLE THIRD PARTY.
No Ideas Accepted: We do not accept any unsolicited ideas from outside Company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our Service, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Service, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
By submitting or posting User Content to the Service, you grant us and our licensees the irrevocable, perpetual, transferable, sub-licensable, royalty-free, fully paid, worldwide right to reproduce, display, perform, distribute, adapt, translate, modify, and promote the User Content, whether alone or together with other materials, in any manner or medium, now known or hereafter created. Once you submit or post User Content to the Service, Company does not need to give you any further right to inspect or approve uses of such User Content or to compensate you for any such uses. Company owns all right, title, and interest in any compilation, collective work, or other derivative work created by Company using or incorporating User Content posted to the Service. You are solely responsible for anything you may submit to or post on the Service and the consequences of submitting or posting anything through the Service.
Prohibited Activities: Company expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service or while using the Service. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that:
• is defamatory, abusive, obscene, profane or offensive;
• infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
• violates any party’s right of publicity or right of privacy;
• is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• promotes or encourages violence;
• is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
• is illegal or promotes any illegal activities;
• promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or provides information to circumvent security measures;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Company will make all determinations as to what Content is appropriate in its sole discretion. Company may edit or remove any Content at any time without notice.
Digital Millennium Copyright Act (“DMCA”) Notice: Content may be made available via the Service by users and other third parties not within our control. We are under no obligation to and do not scan content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Quake Media Inc.
No Warranties: COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT ON THE SERVICE AND COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Limits on Liability: IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES EXCEEDING THE FEES YOU PAID TO COMPANY FOR THE SERVICE IN THE SIX MONTHS PRECEEDING THE CLAIM. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Governing Law; Dispute Resolution; Arbitration:
American Arbitration Association
ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND COMPANY HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.
We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
Export Control: The Service may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service available outside the US.
California Resident Notice: California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210 in order to resolve a complaint regarding the Service or receive further information regarding use of the Service.