Material Terms:As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:

• the Service is licensed, not sold to you, and you may use the Service only as set forth in this EULA;
• the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
• for all Users (as defined below) of the Service other than those located in the European Economic Area (“EEA”), you consent to the collection, use, and disclosure of your information in accordance with TuneIn’s Privacy Policy available atwww.tunein.com/policies/privacy/(“Privacy Policy”) and for Users located in the EEA, you acknowledge and understand Tunein’s processing activities for the collection, use, and disclosure of your information in accordance with TuneIn’s Privacy Policy;
• we provide the Service to you on an “as is” basis without warranties of any kind and TuneIn’s liability to you is limited; and
• if you are using the App on an iOS-based device, then you agree to and acknowledge the “Notice Regarding Apple,” in Section 22 below.

1. General Terms and Conditions.

a. Changes to this EULA.You understand and agree that we may, from time to time, change this EULA. Please check this EULA periodically for changes. We will try to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised EULA that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised EULA will become effective immediately, except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised EULA. If you find any change to this EULA or the Service unacceptable or you do not agree to the modified EULA, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates TuneIn provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.a, no revisions to this EULA will apply to any dispute between you and TuneIn that arose prior to the effective date of such revision. Except as expressly permitted in this Section 1.a, this EULA may be amended only by a written agreement signed by authorized representatives of the parties to this EULA.

b. Privacy Policy, Copyright Policy, Cookie Policy and Acceptable Use Policy.
Your access to and use of the Service is also subject to TuneIn’sAcceptable Use Policy,Cookie Policy,Copyright PolicyandPrivacy Policy。For all Users of the Service other than those located in the EEA, the Acceptable Use Policy, Cookie Policy, Copyright Policy, and Privacy Policy are incorporated into this EULA by reference.

c. Jurisdictional Issues.The Service is controlled and operated by TuneIn from its offices in the State of California. TuneIn makes no representation that materials on the Service are appropriate, lawful or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited. The use of a VPN or any other tool or mechanism to mask your actual location in order to access content otherwise prohibited in the jurisdiction where you are located is strictly prohibited. You agree to indemnify TuneIn for any third-party claims against TuneIn arising from your use of any technology subject to the prohibition in the immediately preceding sentence.

d. Eligibility.THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY TUNEIN. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. Furthermore, by accessing or using the Service, you represent and warrant to us that either you are at least the age of majority in your jurisdiction or you have been authorized to use the Service by your parent or legal guardian who is at least the age of majority in your jurisdiction. If you are an entity, organization, or company, the individual accepting this EULA on your behalf represents and warrants that they have authority to bind you to this EULA and you agree to be bound by this EULA.

e. Additional Terms.Your use of the Service is subject to all additional terms and/or policies beyond those mentioned in Section 1.b that we make available to you from time-to-time in connection with your use of the Service, including, without limitation, any such terms that apply to contests that we run on the Service (“Additional Terms”)。特此incorpora任何此类附加的条款ted into and subject to this EULA, and this EULA will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.

2. The Service.

a. Description.TuneIn provides an information location tool and audio guide service offering access to a selection of indexed radio stations, podcasts, and other content, including radio stations, podcasts and other content created by or on behalf of TuneIn. Certain features of the Service are available to you free of charge (the “Free Service”)。Other aspects of the service, currently referred to as “TuneIn Premium,” are only available to paying subscribers (the “Subscriptions”)。Any end user who access and uses the Free Service is a “Visitor,” and any end user who pays for a subscription is a “Subscriber。” The term “Users” refers to Visitors and Subscribers, collectively.

b. Consideration.

i. Service.You acknowledge and agree that this EULA is entered into in consideration of your use of the Service pursuant to this EULA and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge.

ii. Subscriptions.If you are a Subscriber, then you acknowledge and agree that the additional terms in Section 4 below apply to your Subscriptions, and that TuneIn provides access to Subscriptions in consideration of your payment of the amounts described in that Section.

iii. No Rights to Compensation.In return for enjoying the Free Service or Subscriptions, you further acknowledge and agree that TuneIn may generate revenues (including from advertising and sponsorships), increase goodwill or otherwise increase the value of TuneIn from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever.

c. Changes to the Service.TuneIn may at its sole discretion and from time to time change, add or remove features, functionality and content of or available through the Service, temporarily or permanently, without any notice to you. TuneIn may also terminate or discontinue support for any versions of the App, whether it was offered for free or for a fee. TuneIn also reserves the right to discontinue some or all of the features of the Service at any time at its sole discretion (including the provision of software updates and support for different devices or platforms). You acknowledge and agree that TuneIn will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, any App, or any specific functionality of the Service or the removal of any features, functionality or content, including any paid-for functionalities of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service as described herein. Notwithstanding anything in this EULA to the contrary, if you have signed up for a Subscription and TuneIn cancels your Subscription without cause, then TuneIn will refund to you the pro-rated (by month), unearned portion of any amounts that you have prepaid to TuneIn for such Subscription. No refunds will be provided for the termination or discontinuance of support for any paid App.

d. Mobile Services.The Service is currently accessible via computer or on a mobile phone, tablet or other connected device (collectively, “Mobile Services”)。Your mobile carrier’s or ISPs normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA.

e. Service Security.You may not violate, or attempt to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service. TuneIn reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, to refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations. This cooperation may include the disclosure of all or your activities on or related to the Service. You agree to promptly notify TuneIn if you learn or reasonably suspect that any security breach related to the Service has occurred.

3. Registration.

a.Log-In Credentials。In order to access the Free Service and/or Subscriptions, and enjoy the full functionality and benefits of the Service, we may require you to register an account with us (an “Account”)。

b. Account Security.You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your Account credentials. You agree to notify TuneIn immediately atsupport@tunein.comif you suspect or know of any unauthorized use of your Account credentials or any other breach of security with respect to your Account. TuneIn will not be liable for any loss or damage arising from unauthorized use of your Account credentials prior to you notifying TuneIn of such unauthorized use or loss of your Account credentials.

c. Accuracy of Information.When creating an Account, you will provide true, accurate, current and complete information as TuneIn requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of TuneIn, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then TuneIn may terminate or suspend your Account immediately without notice to you and without any liability to you or any third party.

4.附加的条款为订阅。

a. Subscription Process.You may purchase a Subscription through the Website, through our App, or through such other channels as TuneIn may make available from time-to-time in its sole discretion. Where you purchase a Subscription through the Website or another channel controlled by TuneIn, your payments are processed by our third party payment processors. Where you purchase a Subscription through our iOS or Android Apps or through a third party’s consumer electronic devices, your payments are processed by Apple or Google, or the manufacturer of the consumer electronic device (or any of their third party payment processors), as applicable. We accept various forms of payment, as specified during sign-up. We do not accept cash or checks.

b. Trials.From time to time, TuneIn or others on our behalf may offer trials of Subscriptions for a specified period free-of-charge or at a reduced rate (“Trial”). The length of any Trial may vary. Trials are for new and certain former Subscribers only. TuneIn reserves the right, at our discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. We will require you to provide your payment details at the start of the Trial. The first day following the end of your Trial or, if you are not eligible for a Trial, then the day you purchase your Subscription, is the first day of your billing cycle (“Billing Date”). YOU will BE automatically chargeD for the applicable Subscription on the first day following the end of the Trial, on a recurring monthly or annual basis, unless you cancel the applicable Subscription before the end of the Trial.

c. Billing Authorization.BY PROVIDING YOUR PAYMENT METHOD AND OBTAINING A SUBSCRIPTION TO THE SERVICE, YOU AUTHORIZE TUNEIN, APPLE, OR GOOGLE (OR ANY OF THEIR SERVICE PROVIDERS), AS APPLICABLE, TO CHARGE TO YOUR DESIGNATED PAYMENT METHOD THE APPLICABLE MONTHLY OR ANNUALLY RECURRING SUBSCRIPTION FEES (“SUBSCRIPTION FEE”), AND ANY APPLICABLE SALES, TELECOMMUNICATION, EXCISE, VALUED-ADDED OR SIMILAR TAXES (“TAXES”)。THE SUBSCRIPTION FEE IS EXCLUSIVE OF ANY SUCH TAXES. THE SUBSCRIPTION FEE IS PAYABLE IN THE CURRENCY SPECIFIED DURING SIGN-UP.

d. Subscription Fee Changes.在允许的最大限度内适用的LAW, WE RESERVE THE RIGHT TO CHANGE THE SUBSCRIPTION FEE AT ANY TIME IN OUR SOLE DISCRETION. IF WE CHANGE THE SUBSCRIPTION FEE, THEN WE WILL PROVIDE YOU NOTICE OF THE PROPOSED CHANGE AT LEAST 30 DAYS BEFORE THE CHANGE IS TO TAKE EFFECT. SUBSCRIPTION FEE CHANGES WILL TAKE EFFECT AT THE START OF THE NEXT RENEWAL OF YOUR SUBSCRIPTION FOLLOWING THE DATE OF THE PRICE CHANGE. YOU ACCEPT THE NEW PRICE BY CONTINUING TO USE THE SERVICE AFTER THE PRICE CHANGE TAKES EFFECT. IF YOU DO NOT ACCEPT THE PRICE CHANGE, THEN YOU MAY UNSUBSCRIBE FROM THE SERVICE PRIOR TO THE PRICE CHANGE GOING INTO EFFECT.

e. Automatic Renewal; Recurring Charges.YOUR SUBSCRIPTION WILL BEGIN ON THE BILLING DATE AND CONTINUE FOR THE SUBSCRIPTION PERIOD THAT YOU SELECT ON YOUR ACCOUNT (SUCH PERIOD, THE “INITIAL SUBSCRIPTION PERIOD”), AND WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION AS THE INITIAL SUBSCRIPTION PERIOD (THE INITIAL SUBSCRIPTION PERIOD AND EACH SUCH RENEWAL PERIOD, EACH A “SUBSCRIPTION PERIOD”) UNLESS YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT. YOUR ACCOUNT WILL BE CHARGED AUTOMATICALLY ON THE BILLING DATE AND THEREAFTER ON THE RENEWAL DATE OF YOUR SUBSCRIPTION FOR ALL APPLICABLE FEES AND TAXES FOR THE NEXT SUBSCRIPTION PERIOD. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BILLING OF THE NEXT PERIODIC SUBSCRIPTION FEE TO YOUR ACCOUNT.

f。取消和退款。YOU MAY CANCEL YOUR SUBSCRIPTION TO THE SERVICE AT ANY TIME BY FOLLOWING THE PROCESS DESCRIBEDHERE。如果你取消你的订阅,那么你将HAVE ACCESS TO THE SUBSCRIPTION UNTIL THE DATE THAT WOULD HAVE BEEN YOUR NEXT BILLING DATE, AFTER WHICH YOU WILL BE DOWNGRADED TO THE FREE SERVICE. IF YOU SUBSCRIBED THROUGH YOUR IOS OR ANDROID DEVICE AND WANT TO OBTAIN A REFUND IN CONNECTION WITH YOUR SUBSCRIPTION, THEN YOU MUST CONTACT APPLE OR GOOGLE, AS APPLICABLE. IF YOU SUBSCRIBED THROUGH THE WEBSITE, THEN SUBJECT TO SECTION 4.h BELOW, WE WILL NOT REFUND ANY FEES PAID FOR YOUR CURRENT SUBSCRIPTION PERIOD.

g. Cooling-off Period.If you reside in the European Union (or any other jurisdiction that requires a cooling-off period following the purchase of a Subscription to the Service) and register for a Subscription, then you may cancel your Subscription for any reason or no reason and receive a full refund of your Subscription Fee within 14 days of your payment method being charged (“Cooling-off Period”) unless you have previously accessed your Subscription (i.e., you receive a transmission through the Service). If you have accessed the Service following the date of charge of your payment method pursuant to your Subscription at any time during the Cooling-off Period, however, then we will not refund any Subscription Fees already paid to us.

h. Failure to Pay.If you fail to pay the applicable Subscription Fee when due, then you will be downgraded to the Free Service. If you are downgraded, then TuneIn may, but is not obligated to, maintain your Account and/or related content and information, in order to allow you to pay the past-due charges and restore your Subscription.

5. Intellectual Property Rights.

a. Service.你完成和正在进行的合规with this EULA, TuneIn hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service, solely for your personal, non-commercial entertainment use as intended through the provided functionality of the Service and solely in strict compliance with the provisions of this EULA. Except as expressly set forth in the preceding sentence or to the extent such a restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, publicly perform, sell, license, create derivative works of, or in any way exploit any part of the Service; (ii) alter or modify the Service; or (iii) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

b. TuneIn Content.前女友cept for User Content (defined below) and third-party content owned or controlled by third-party transmitting entities over whom TuneIn does not exercise a right and ability to control and where such content is made available through the Service when TuneIn is providing an information location tool, index or directory service (“Third-Party Content”), the content that TuneIn itself provides to Users on or through the Service, including without limitation, any radio programs, podcasts or other audio content, text, graphics, photos, software and interactive features, may be protected by copyright or other intellectual property rights and is owned by TuneIn or its third-party licensors (collectively, the “TuneIn Content”). You acknowledge that certain transmitting entities may provide consideration to TuneIn for inclusion in the Service when TuneIn is providing an information location tool, index or directory service. You may not reproduce, modify, distribute, display, publish, transmit, communicate to the public, make available, broadcast, create derivative works from, publicly perform (including on a through-to-the audience basis) and otherwise use and exploit (collectively, “Use”) any TuneIn Content without TuneIn’s prior authorization. You may not Use any User Content or Third-Party Content without the prior authorization of the owners or authorized licensors of such content, notwithstanding any functionalities of the Service. TuneIn does not guarantee access to any particular User Content, TuneIn Content, or Third-Party Content. TuneIn or its licensors, and the owners of User Content and Third-Party Content, may change, delete, or prohibit access to TuneIn Content, User Content or Third-Party Content, as the case may be, or schedules of any of the foregoing, at any time with or without notice. You understand that by using the Service, you may encounter User Content, Third-Party Content, and TuneIn Content that you may find offensive or objectionable and that might constitute Objectionable Content as defined in ourAcceptable Use Policy。TuneIn is not the publisher of, nor responsible for, any Objectionable Content made available in User Content or Third Party Content, and to the fullest extent permitted by law, TuneIn will have no liability to you with respect to Objectionable Content you access via the Service. User Content, Third Party Content, and TuneIn Content may be transmitted with a variety of copy protection mechanisms. These copy protection mechanisms may be designed to protect the copyright interests of TuneIn or its licensors or third party transmitting entities, as applicable. These copy protection mechanisms may limit or prevent the ability of the Service to play TuneIn Content, User Content or Third Party Content. You agree that TuneIn will have no liability to you or any third party with regard to your ability to access, listen to, or otherwise use, any TuneIn Content, User Content or Third Party Content due to a copy protection mechanism. You may not remove or attempt to circumvent any copyright protection mechanisms in any TuneIn Content, User Content or Third Party Content without express authorization of the owner of such content or their authorized agent, or as otherwise permitted by law, and any attempts to do so may subject you to liability.

c. Marks.TuneIn trademarks, service marks and logos (the “TuneIn Trademarks”) used and displayed on the Service are TuneIn’s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with TuneIn Trademarks, the “Trademarks”)。前女友cept as otherwise permitted by law, you may not use the Trademarks to disparage TuneIn or the applicable third-party, TuneIn’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without TuneIn’s prior express written consent. All goodwill generated from the use of any TuneIn Trademark will inure solely to TuneIn’s benefit.

d. Restrictions.The Service, TuneIn Content, and Trademarks, including all intellectual property rights therein, are the sole and exclusive property of TuneIn and its licensors. TuneIn hereby reserves all rights not expressly granted to you in this Section 5. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any TuneIn Content or Trademarks located or displayed therein. Except for the right to access Third Party Content through the Service, no rights are hereby granted to you with respect to such Third Party Content.

6. User Content and Other Content.

a. Definition.本节broadca支配任何材料st, post, publish, send, submit, transmit, or upload (collectively, “Post”) through the Service, including, by way of example and not limitation, messages, reviews, photographs, graphics, images, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), folders, data, text, and any other works of authorship or other works (collectively, “User Content”) and other activities that TuneIn may take with respect to materials accessible through the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in this EULA.

b. License to User Content.By Posting User Content to or through the Service, you hereby grant to TuneIn (and TuneIn’s assignees, designees, successors, licensees, and sub-licensees) an unrestricted, perpetual, assignable, sublicensable, revocable, royalty-free, fully paid-up right and license throughout the world to Use all User Content you Post to or through the Service, through any media and formats now known or hereafter developed, in connection with the Service or our business. All of the rights you grant in this EULA are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service.

Specific Rules for Photographs and Images.If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.

d. You Must Have Rights to the Content You Post; User Content Representations and Warranties.你不能发布任何用户的内容服务if you are not the owner of or are not fully authorized to grant rights throughout the universe in all elements of the User Content you intend to Post to the Service. TuneIn disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent and warrant to us that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not infringe, violate, misappropriate, or otherwise breach any third-party right, including any privacy rights, rights of publicity, copyrights, trademarks, patents, trade secrets, moral rights, contract rights, intellectual property rights or any other rights of any party in any territory throughout the universe and does not slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; (iii) the Posting of your User Content on the Service will not cause TuneIn to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party; and (v) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.

e. Acceptable Uses and Objectionable Content.We want Users to have an enjoyable experience when they use the Service. To facilitate that, we have adopted anAcceptable Use Policy, which is hereby incorporated by reference into this EULA. You are required to comply with the Acceptable Use Policy when Posting any User Content to the Service. The Posting of any Objectionable Content, as defined in the Acceptable Use Policy, may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. If you encounter any Objectionable Content on the Service, then please immediately email TuneIn atsupport@tunein.com。您承认并同意TuneIn提供you with the ability to report Objectionable Content as a courtesy, and TuneIn has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, TuneIn in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User’s Account, removing all of the User’s User Content Posted on the Service, and/or reporting the User to law enforcement or other governmental authorities, either directly or indirectly. TuneIn is under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against TuneIn with respect to User Content.

f. Monitoring.TuneIn有权利,而非义务,monitor the Service, and may remove or restrict access to any User Content, Third Party Content or TuneIn Content from the Service for any reason in its sole discretion at any time, without notice and without any liability to you. You acknowledge that TuneIn may establish general practices and limits concerning use of the Service without notice to you, including, without limitation, the maximum period of time that User Content or TuneIn Content will be retained by the Service and the maximum storage space that will be allotted on TuneIn’s servers on your behalf. You acknowledge and agree that TuneIn may preserve any content and may also disclose any content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this EULA; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of TuneIn, its Users and the public. You understand that TuneIn does not guarantee any confidentiality with respect to User Content and will have no responsibility or liability for User Content that is deleted from the Service.

7. Special Notice for International Use; Export Controls.

Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. You download and use the software at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. TuneIn makes no representation that the Service is appropriate or available for use in any particular location.

8. Advertisements and External Sites.

a. Advertisements.TuneIn may display advertisements for the goods and services of third parties or other promotional materials on the Service. Your dealings with, or participation in, promotions of any third party advertisers on the Service, are solely between you and such third party, and your participation is subject to any terms and conditions associated with that advertisement or promotion. TuneIn does not endorse or represent such third parties, and by using the Service, you agree that TuneIn is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of such third parties on the Service.

b. External Sites.服务可能包含链接或能力share information with third-party websites (“External Sites”), such as Twitter, Tumblr or Facebook, including through our implementation of third-party buttons (such as “share” buttons). By using a tool that enables you to export information, including User Content, to an External Site, you hereby authorize TuneIn to transfer that information to the applicable External Site. External Sites are not under TuneIn’s control, and, to the fullest extent permitted by law, TuneIn is not responsible for any External Site’s use of your exported information. Once sharing occurs, TuneIn will have no control over the information that has been shared. TuneIn does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. TuneIn is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and connected devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. You agree that TuneIn will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.

9. Feedback.

We respect and appreciate the thoughts and comments from our Users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant TuneIn an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

10. Dispute Resolution and Arbitration.

a. General. In the interest of resolving disputes between you and TuneIn in the most expedient and cost effective manner, and except as described in Section 10.b and 10.c, you and TuneIn agree that any dispute arising out of or in any way related to this EULA, the Service, and communications from us will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this EULA, the Service, or any communications to or from us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND TUNEIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

b. Exceptions. Notwithstanding Section 10.a above, nothing in this EULA will be deemed to waive, preclude or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

c. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 10 within 30 days after the date that you agree to this EULA by sending a letter to TuneIn Inc. 475 Brannan St., Ste 320, San Francisco, CA 94107, Attn: Legal Department – Arbitration-Opt-Out that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once TuneIn receives your Opt-Out Notice, this Section 10 will be void and any action arising out of this EULA will be resolved as set forth in Section 16. The remaining provisions of this EULA will not be affected by your Opt-Out Notice.

d. Arbitrator. Any arbitration between you and TuneIn will be settled under the Federal Arbitration Act and administered by the American Arbitration Associates (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”), as modified by this EULA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting TuneIn. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this binding arbitration agreement.

e。仲裁通知书;的过程。一方intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by nationally recognized next-day delivery service (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). TuneIn’s address for Notice of Arbitration is: TuneIn Inc. 475 Brannan St., Ste 320, San Francisco, CA 94107, Attn: Legal Department. The Notice of Arbitration must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or TuneIn may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or TuneIn must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by TuneIn in settlement of the dispute prior to the award, TuneIn will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) $15,000.

f。费用。如果你开始仲裁依据with this EULA, then TuneIn will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the county and state of your residence/billing address, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence/billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse TuneIn for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

g. No Class Actions. YOU AND TUNEIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TuneIn agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

h。对这一仲裁条款的修改。前女友cept as otherwise provided in this EULA, if TuneIn makes any future change to this arbitration provision, other than a change to TuneIn’s address for Notice of Arbitration, then you may reject the change by sending us written notice within 30 days of the change to TuneIn’s address for Notice of Arbitration, in which case your account with TuneIn will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

i. Enforceability. If Section 10.g or the entirety of Section 10 is found to be unenforceable or if TuneIn received an Opt-Out Notice from you, then the entirety of this Section 10 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16 will govern any action arising out of or related to this EULA.

11. Limitation of Liability and Disclaimer of Warranties.

THE FOLLOWING TERMS IN THIS SECTION 11 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

a. TUNEIN, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “TUNEIN PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE TUNEIN PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.

b. THE TUNEIN PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO TUNEIN PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

c. THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE TUNEIN PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

d. IN NO EVENT WILL ANY TUNEIN PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH TUNEIN PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TUNEIN’S LIABILITY, AND THE LIABILITY OF ANY OTHER TUNEIN PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US AND U.S. $100.

e. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

f. TuneIn does not disclaim any warranty or other right that TuneIn is prohibited from disclaiming under applicable law.

12. Third Party Disputes.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE TUNEIN PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

13. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold TuneIn, and its officers, directors, employees, agents, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access, use, or misuse of the Service or TuneIn Content; (b) your User Content; (c) your violation of any portion of this EULA, any representation, warranty, or agreement referenced in this EULA, or any applicable law or regulation; (d) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between you and any third party. TuneIn will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if TuneIn is unable to communicate with you in a timely manner because of an inactive e-mail address for you, then your indemnification obligation will continue notwithstanding TuneIn’s inability to contact you in a timely manner. TuneIn reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter that is subject to indemnification under this Section at your sole expense. In such case, you agree to cooperate with any reasonable requests to assist TuneIn’s defense of such matter.

14. Term and Termination of the EULA.

a. Term.As between you and TuneIn, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or TuneIn.

b. Termination.You may terminate this EULA by sending written notification to TuneIn atsupport@tunein.com, deleting the App from your connected device and terminating all other uses of the Service. TuneIn reserves the right, in its sole discretion, to restrict, suspend or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party. TuneIn may further terminate this EULA immediately for any other reason with or without notice to you, using the email address associated with your Account credentials. TuneIn reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.

c. Effect of Termination. After any termination of this EULA, you understand and acknowledge that (i) we will have no further obligation to provide the Service to you; and (ii) all licenses and other rights granted to you in this EULA will immediately cease. TuneIn is not liable to you or any third party for termination of the Service or termination of your use of the Service. Upon any termination or suspension, you may no longer access any information (including your User Content) that you have Posted to the Service or that is related to your Account. Furthermore, TuneIn will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party. You acknowledge and agree that TuneIn will not be required to delete any of your User Content that may be stored on any servers or other back-up media owned or controlled by or on behalf of TuneIn following the termination of your Account. Sections 1.a, 1.c, 1.d, 1.e, 2.b, 2.c, 2.d, 2.e, 3.b, 5.b, 5.c, 5.d, 6, 7, 9, 10, 11, 12, 13, 14.b, 14.c, 15, 16, 17, 19 and all defined terms used therein will survive the termination of this EULA indefinitely. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

15. Consent to Electronic Communications.

By using the Service, you consent to receiving certain electronic communications from us as further described in thePrivacy Policy。Please read thePrivacy Policyto learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

16. Governing Law.

This EULA is governed by the laws of the State of California without regard to conflict of law principles. You and TuneIn submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under this EULA.

17. Miscellaneous.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA. This EULA, theCopyright Policyand any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and TuneIn regarding your use of and access to the Service, and, except as expressly permitted in Section 1.a above, may be amended only by a written agreement signed by you and an authorized representative of TuneIn. In addition to the foregoing, for Users located in the EEA, you acknowledge that certain aspects of your use of the Service may be governed by additional policies, including TuneIn’sCookie PolicyandPrivacy Policy。The failure to require performance of any provision of this EULA will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this EULA or any provision of this EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this EULA is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this EULA is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TuneIn as a result of this EULA or use of the Service. You acknowledge and agree that Apple, Inc. (“Apple”), Apple’s subsidiaries, and certain other third parties with whom TuneIn does business, are third party beneficiaries of this EULA, and that Apple and/or such third parties will have the right to enforce this EULA against you as a third party beneficiary thereof. The English language version of this EULA is the version that governs your use of the Service and in the event of any conflict between the English language version and a translated version, the English language version will control. You expressly agree that this EULA and all ancillary documents be drafted solely in English.

18.联系Us.

If you have any comments, complaints, suggestions about this EULA or the Service or otherwise would like to contact us, then you can contact TuneIn by email atsupport@tunein.com, or by U.S. post at TuneIn Inc. 475 Brannan St., Ste 320, San Francisco, CA 94107

19. Open Source Software.

The App contains certain open source software. Each item of open source software is subject to its own applicable license terms, which can be found athttp://tunein.com/support/licensing/ios/andhttp://tunein.com/support/licensing/android/。

20. Notice to California Residents.

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

21. No Support

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.