Please read these terms and conditions before using OnAir.FM services.
These Terms of Service apply to your access or use of our websites (including if you are using our website to sign up with us as a Content Provider or other service provider), mobile applications, and any product or platform we offer or through which we provide services (collectively, "Services"), all as set out in the terms and conditions below.
The Services are owned and operated by OnAir.FM and/or its affiliated companies (referred to collectively as "ONAIR.FM", "we" "us" or "our").
1. Consent & Eligibility
By using the Services, you affirm that you are either of the age of legal majority or an emancipated minor. If you are minor between the ages of 13 and the age of legal majority, you may only use the Services under the supervision of a parent or guardian who agrees to be bound by these Terms of Service. The Services are not intended for users under the age of 13. If you are under 13, do not use these Services.
2. Third Party Content
ONAIR.FM's Services may display some content (including without limitation ads) that is owned by third parties. This content is solely the responsibility of the third party that makes it available. ONAIR.FM is not responsible for the content of any other website, whether or not it is linked from or to this site. You agree that ONAIR.FM shall not be liable for any such third party websites or content.
No endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from the Services.
3. Trade Marks
"ONAIR.FM " other trademarks, trade names, service marks, logos and images displayed on or through the Services are owned or licensed by ONAIR.FM.
The Services, and all content included in the Services, including without limitation, the content on this website, and all design, text, graphics, content, video, and/or audio related thereto, are the property of ONAIR.FM, and/or (where applicable) third party licensors and are protected under the copyright laws of Canada and other countries. None of the content found on the Services may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of ONAIR.FM.
5. Permitted Use
All Services and all content which forms part of the Services are the property of or licensed to ONAIR.FM. You are authorized to access the content for your personal, non-commercial use only, provided that any copy of this material retains all copyright, disclaimer or other proprietary notices on it. Any other copying, use or reverse engineering of the content or materials made available through the Services is prohibited without the express written permission of ONAIR.FM.
You may not make any commercial use of the Services or any content on the Services without getting prior written permission from ONAIR.FM.
Nothing in these Terms of Service shall operate to grant any other right or license to any intellectual property of ONAIR.FM or any third party.
You are prohibited from contributing, posting or transmitting to the Services any infringing, unlawful, threatening, or pornographic content.
In using the Services, you agree to comply with all applicable laws, rules and regulations.
In its sole discretion, in addition to any other rights or remedies available to ONAIR.FM, and without any liability whatsoever, may terminate or restrict your access to any of the Services. ONAIR.FM reserves the right to modify or to terminate any of its Services at any time.
6. User Name and Password
You may need to create an account or profile accessed by a user name and password in order to use some of our Services. For security reasons, you must keep your user name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized ONAIR.FM representative. You should change your password on a regular basis, and you must log out at the end of each session.
You must immediately notify ONAIR.FM of any suspected or actual unauthorized use of your user name or password.
8. Your Content and Feedback
Certain of the Services may allow you to submit content (including without limitation graphics, artwork, written works and software). If you choose to submit such content to us through the Services or through email or methods of delivery, you grant ONAIR.FM a non-exclusive, royalty-free, perpetual, worldwide, sublicensable license right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media, for commercial or non-commercial purposes.
If you submit to us feedback or suggestions on our Services or other parts of ONAIR.FM's business, you agree that such feedback or suggestions will, upon our receipt, become the property of ONAIR.FM and that ONAIR.FM may use the same without compensation or obligation to you.
9. No Representations and Warranties
Other than as expressly set out in these Terms of Service, neither ONAIR.FM nor its suppliers, distributors or partners or their respective directors, officers, employees, agents or contractors make any representations or warranty, whether express or implied, regarding the quality, accuracy or completeness of the Services or any information or content (including third party content and links) available through the Services, and, to the extent permitted by applicable law, expressly disclaim all warranties and conditions in respect of the Services and their content and data (including without limitation third party content and links), including without limitation implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The Services and the content and information made available through the Services are provided "as is".
10. Limitation of Liability
To the extent permitted by law, ONAIR.FM and its suppliers, distributors and partners and their respective directors, officers, employees, contractors and agents shall not be liable for any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings) arising out of or relating to the use of the Services or content or information accessed through the Services, the operation of the Services, or any failure or delay in operation of the Services, even if advised of the possibility of damages.
The Services are controlled and offered by ONAIR.FM from facilities located in Canada. ONAIR.FM makes no representations that the Services or any content or information made available through the Services are suitable for residents of other jurisdictions. You agree that your access or use of the Services from other jurisdictions is at your own risk and that you are responsible for complying with the laws of such other jurisdiction(s).
To the extent permitted by law, the total liability of ONAIR.FM and its suppliers, distributors and partners and their respective directors, officers, employees, contractors and agents for any claim arising out of or relating to these Terms of Service, the Services or to content or information available through the Services shall be limited to the amount you paid ONAIR.FM to use the Services, or in the case of an unpaid Service, to CAD$200.
You shall indemnify and save harmless ONAIR.FM and its suppliers, distributors and partners, and their respective officers, directors, employees, contractors and agents from and against any claim, action or demand (including any liability, expense, damages, judgements or reasonable attorney fees arising out of such claim, action or demand) arising out of or in connection with your use of the Services or any content or information available through the Services, or any breach of these Terms of Service.
If you are using the Services on behalf of a business, that business accepts these Terms of Service, including the above indemnification provisions.
12. Modification of these Terms of Service
We may change these Terms of Service from time to time. We will post any changes to these Terms of Service on this web page, and if the changes are significant, we will post a more prominent notice on this page. You may determine when these Terms of Service were last changed by referring to the modification date found at the beginning of these Terms of Service.
You agree that your continued use of the Services after notice of such change shall constitute your acceptance of these Terms of Service.
You agree to review these Terms of Service regularly in order to inform yourself of any changes to these Terms of Service.
13. Application of these Terms of Service
These Terms of Service apply to your use or access of the Services. However, other ONAIR.FM products and service that you use may have their own separate written terms and conditions, and in such case, such other terms and conditions will become part of your agreement with ONAIR.FM.
If you sign up with us as a Content Provider or other service provider and enter into a Content Provider agreement or other service agreement with us, in the event of an express conflict between such service agreement and these Terms of Service, the service agreement will control for the conflict.
14. Additional Terms and Conditions
The provisions of these Terms of Service shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
No waiver of any of term or condition of these Terms of Service shall be deemed to be a continuing waiver of such term or condition or other terms or conditions, and ONAIR.FM's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service may not be assigned or transferred by you but may be assigned or transferred by ONAIR.FM at its discretion.
The headings used in these Terms and Conditions are included for convenience only and will not be used to interpret or limit these Terms of Service.
Any expired agreement between (OnAir.FM and its affiliate companies) and the client, for the purpose of monetizing their content, will automatically renew for 2 additional years unless the client has informed OnAir, in writing (post letter, email or facsimile), in time based on the original singed agreement between parties.
The provisions found under Paragraphs 8 (Your Content and Feedback), 9 (No Representations and Warranties), 10 (Limitation of Liability), 11 (Indemnification) and 14 (Additional Terms and Conditions) will survive these Terms of Service and your use of the Services.
This Agreement and its performance shall be governed by the laws of the State of Illinois, USA. You agree to submit to the exclusive jurisdiction of the courts located in the City of Chicago, Illinois, USA, in all disputes arising out of or relating to the use of the Services and these Terms of Service.
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
For information on how to contact, please visit our Contact page.