Web Site Terms and Conditions of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) from Retropolis' website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Retropolis' web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Retropolis at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on Retropolis' web site are provided "as is". Retropolis makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Retropolis does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Retropolis or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Retropolis' Internet site, even if Retropolis or a Retropolis authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Retropolis' web site could include technical, typographical, or photographic errors. Retropolis does not warrant that any of the materials on its web site are accurate, complete, or current. Retropolis may make changes to the materials contained on its web site at any time without notice. Retropolis does not, however, make any commitment to update the materials.
6. Links
Retropolis has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Retropolis of the site. Use of any such linked web site is at the user's own risk.
7. Site Terms of Use Modifications
Retropolis may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to this Retropolis web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
9. Dispute Resolution.
Any dispute, controversy or claim you may have arising out of or relating to these Terms and Conditions of Use, including any disputes relating to the Retropolis Offerings, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be Los Angeles, California. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrator determines. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in the State of Florida for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Retropolis may seek relief from a court of law in the event of a breach by you of these Terms and Conditions.
10. Enforcing Security on the Sites.
Actual or attempted unauthorized use of the Sites may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Retropolis reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions such as view, monitor, and record activity on the Sites without notice or permission from User, including, without limitation, by archiving notices or communications sent by User through the Sites. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Sites as well as to disclosures required by or under applicable law or related government agency actions. Retropolis will also comply with all court orders or subpoenas involving requests for such information.
11. Injunctive Relief.
User acknowledges that any breach, threatened or actual, of these Terms and Conditions, including, without limitation, with respect to unauthorized use of Retropolis proprietary assets, will cause irreparable injury to Retropolis, such injury would not be quantifiable in monetary damages, and Retropolis would not have an adequate remedy at law. User therefore agrees that Retropolis shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of User’s obligations under any provision of these Terms and Conditions. Accordingly, User hereby waives any requirement that Retropolis post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Retropolis to enforce any provision of these Terms and Conditions of Use.
12. Term, Termination, Amendments.
These Terms and Conditions of Use will take effect when you first commence using any of the Retropolis Offerings, whether or not you enter into any Other Agreement. Retropolis reserves the right at any time and for any reason to deny you access to the Retropolis Offerings or any portion thereof. Termination will be effective without notice. Please note that Retropolis reserves the right to change these Terms and Conditions without notice. If a change is implemented by a posting on the Retropolis Offerings, it shall be deemed to take effect when posted. Your continued use of the Retropolis Offerings following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
13. Waiver. Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by Retropolis of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
14. Nature of Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Retropolis as a result of these Terms and Conditions or your utilization of the Retropolis Offerings.
15. Severability. If any provision of these Terms and Conditions is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms and Conditions shall continue in full force and effect.
16. Entire Agreement/Reservation of Rights. Your rights to use certain material available on or through the Retropolis Offerings may be subject to separate digital or written agreements with Retropolis (“Other Agreements”). Particular pages or features of the Retropolis Offerings with content supplied by Retropolis or its licensors may have different or additional terms (“Special Terms”), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms.
If there is a conflict between these Terms and Conditions and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between these Terms and Conditions and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control. Along with any Special Terms and Other Agreements, these Terms and Conditions, and Retropolis’ Privacy Policy and RSS Policy represent the entire agreement between you and Retropolis with respect to your use of and material available on or through the Retropolis Offerings, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Retropolis with respect to the Retropolis Offerings. Any rights not expressly granted herein are reserved.
17. Contact Information. If you would like to contact Retropolis, please do so in care of Radio Retropolis. You can reach us at: radioretropolis@gmail.com
If you choose to contact Retropolis, which includes anything regarding Radio Retropolis, via e-mail regarding the above Terms and Conditions of Use, the Privacy Policy, or Other Agreement, please mark the subject heading of your e-mail “User Agreement Inquiry,” “Privacy Inquiry” or “Purchaser/Subscriber Inquiry”.
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Copyright and Trademarks
Radio Retropolis is owned and operated by Retropolis. "Retropolis" is a registered trademark in the United States and its territories. Copyright and other relevant intellectual property rights exist on key text and media, relating to Retropolis and Radio Retropolis, on original content, including commentary on pre-recorded content, and the full content of this website. Nothing in these Terms and Conditions of Use relating to any applicable Retropolis Materials contained herein should be construed as conferring upon you any copyright or other intellectual property license or right (whether by implication, estoppel or otherwise), unless we have expressly said so. You agree that the Materials and the Web Site are protected, except where noted, by applicable copyrights, trademarks, service marks, patents or other proprietary rights and laws, all of which belong to Retropolis, Radio Retropolis or its licensors.
Public Domain Content
According to the Library of Congress regarding the status of old time radio recordings made prior to 1978, they state that all such recordings are generally in the public domain, as sound recordings were not allowed under the previous copyright law and that such recordings have not been granted copyright status under the new laws (since to change their status and move them out of the Public Domain would be a violation of Ex-Post-Facto). Once a piece is placed into the public domain for any reason, it remains there legally unless someone brings a case to the Supreme Court to decide otherwise.
The Library of Congress states that the original recordings presented here are within the Public Domain, since they were not qualified for copyright protection when presented, nor was any attempt to place them under such copyright protection was made when the window of opportunity for such existed in 1978-1979 when the copyright law regarding such recordings changed. (Such had to be submitted to the Congressional Record for reinstatement at that time in which no US Broadcasts from 1929 through 1950 were filed at that time in the Congressional Record.
Registration Issues: Although failure to register a copyright does not affect its validity, a copyright must be registered before an infringement action can be filed under current federal copyright law. Registration must be made within three months after publication or before the occurrence of an infringement in order for statutory damages and attorney's fees to be available to the plaintiff. Otherwise only actual damages may be awarded (17 USC §§ 411, 412).
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Radio shows created before January 1, 1978 are protected by the Copyright Act of 1909 rather than the Copyright Act of 1976) because according to case law any copyright determinations must be made according the copyright law as it existed before that date.
Assuming the old time radio shows were in the public domain from the Copyright Act of 1909, the update of 1976 could not suddenly place them under copyright because they were already in the public domain, and the status of a public domain work is not allowed to ever be reversed.
If you or your representing party believe that any of the material contained on this website is a copyright infringement of your material, it needs to be brought to our attention solely by that party or parties of interest who can legally verify they are the actual copyright holder or assignee. Without a federally registered copyright (which automatically would carry a presumption of validity), the burden to prove that they own a valid copyright for the work is on the party or parties bringing the claim. All other claims of rights without proper authoritative proof, or presented by a party or parties that does not own or represent the material, will be dismissed.
Radio Retropolis offers these such radio programs, many with additional commentary, completely free of charge to the public to further promote American pop culture and its historical significance for both educational and entertainment purposes. Any programs on our Premium site, which may or may not be accessible through a cash donation, are either original productions of Retropolis or they have been licensed by the rights holder for the purposes herein. We in good faith submit to the above statement on Public Domain and believe those programs contained on the free access pages herein are in the public domain. We will immediately remove any content should the proper legal claim be made as it is not our intention to knowingly infringe on unauthorized copyrighted material.
Fair Use
From the Copyright Act of 1976 17 U.S.C. § 107
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Donations or Subscriptions
We reserve the right at any time to request a minimum subscription or donation for any of the PREMIUM services included on RadioRetropolis.com. If we offer a subscription that you activate, and you would like your subscription to continue, or place a new subscription, you are responsible for any fee or charges incurred to access the subscribed service through an Internet access provider or other third-party service. Each donation or subscription request falls into one of the following categories:
(a) Annual- twelve (12) consecutive months from the date of activity.
(b) Monthly-(by calendar month-Jan, Feb, Mar, etc.)
(c) One time only event
If we at some time in the future we do request a small donation or subscription for the services offered, it is to help offset the physical costs of production and distribution incurred such as hosting, site costs, etc.. Currently, Retropolis offers no minimum donation while allowing users to donate as they wish but may implement a set donation or subscription plan in the future for its PREMIUM service at its sole discretion. Retropolis may change the minimum subscription/donation requirements at any time which will be clearly posted on the Radio Retropolis Home Page. If your request was already processed prior to any donation/subscription increase or decrease, then the service will stay in effect at that prior request for the duration of that activation period. An "activation period" is defined by the exact amount of time (annual or monthly) you have secured for the service. If you subscribe to the annual donation/subscription after the first of a given month, your activation period begins the first day of the following month and ends on the last day of the twelfth consecutive month. If you donate/subscribe by the month, then your activation begins on the first day of the following month and ends on the last day of that same month. So, if you donate/subscribe on a June 16th, your monthly activation will not begin until July 1st and subsequently end July 31st. If, however, you request to be active in June, then your full monthly donation/subscription will be applied to that start date (June 16th) and end on June 30th even though it is not a full month.
Donations/subscriptions are not subject to refunds.
Renewal: Any annual or on-going services requiring a minimum donation or subscription will renew automatically unless it is cancelled within thirty (30) calendar days before the end of your activation period. You must cancel your donation/subscription before it renews in order to avoid billing of fees for the renewal term. Monthly donations/subscriptions are exempt from the renewal policy. Should Retropolis, the Radio Retropolis website, programming, etc. cease to exist despite every effort to continue, previous donations/subscriptions cannot be refunded.