Terms of Use

Thank you for using the RadioTime application programming interfaces (the “RadioTime APIs”). By using the RadioTime APIs, you agree to the terms below. If you disagree with any of these terms, RadioTime does not grant you a license to use the RadioTime APIs. We reserve the right to update and change these terms from time to time without notice. You can always find the most recent version of these terms here http://inside.radiotime.com/licensing/terms-of-use/.

Your license to the RadioTime APIs under these terms continues until it is terminated by either party. You may terminate the license by discontinuing use of all or any of the RadioTime APIs. RadioTime may terminate the license at any time for any reason. Your rights to use the RadioTime APIs terminate automatically if (i) you violate any of these terms, (ii) RadioTime publicly posts a written notice of termination on RadioTime.com, (iii) RadioTime sends a written notice of termination to you, or (iv) RadioTime disables access to the RadioTime APIs to you.

1. Licensed Uses and Restrictions.

The RadioTime APIs are owned by RadioTime (hereinafter “RadioTime”) and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define legal use of the RadioTime APIs, all updates, revisions, substitutions, and any copies of the RadioTime APIs made by or for you. RadioTime content is owned by the copyright holders and not by RadioTime. All rights not expressly granted to you are reserved by RadioTime.

a. You shall:

  1. Comply with the RadioTime Dev Guidelines, the RadioTime Terms of Use at http://radiotime.com/service-agreement.aspx
  2. Display “© RadioTime” or “Powered by RadioTime.” whenever content from RadioTime content is displayed
  3. Comply with any requirements or restrictions imposed on usage of the radio content from their respective owners. Remember, RadioTime doesn’t own the content – broadcasters and publishers do. Although the RadioTime APIs can be used to provide you with access to radio programming, neither RadioTime’s provision of the RadioTime APIs to you nor your use of the RadioTime APIs override the owners’ requirements and restrictions. In ALL cases, you are solely responsible for making use of RadioTime content in compliance with the owners’ requirements or restrictions.
  4. Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

b. You shall not:

  1. Use RadioTime APIs for any application that replicates or attempts to replace the essential user experience of RadioTime.com.
  2. Attempt to cloak or conceal your identity or your application’s identity when requesting authorization to use RadioTime APIs.
  3. Display more than 100 RadioTime shows or stations per page in your application or use an unreasonable amount of bandwidth.
  4. Cache, aggregate, or otherwise store any RadioTime content to order to provide the service to users.
  5. Proxy the RadioTime service thru your own gateway, the service is designed for supporting end-users direclty.
  6. Use RadioTime APIs for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
  7. Use RadioTime APIs in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
  8. Create sites and services that are substantially similar or directly competitive with RadioTime.
  9. Use RadioTime APIs in a manner that adversely impacts the stability of RadioTime.com servers or adversely impacts the behavior of other applications using the RadioTime APIs.
  10. Sell, lease, or sublicense RadioTime APIs or access thereto or derive revenues from the use or provision of RadioTime APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.

2. Commercial Use

a. Rules and Restrictions.

If the primary purpose of your application is to derive revenue, it is considered a commercial application. RadioTime reserves the right to make these evaluations at the time that you apply for the license. RadioTime may also monitor your site or application over time to ensure continued compliance with the appropriate type of API key.

If you’re in doubt about whether your application is commercial, here are a few common examples of commercial use that may provide you some guidance:

  1. Users are charged a fee for your product or service which includes some sort of integration using the RadioTime APIs.
  2. You sell services to RadioTime users and use the APIs to bring users’ RadioTime content into your service.
  3. Your site is a “destination” site that uses RadioTime content to drive traffic and generate ad revenue.

b. Application for a Commercial API Key.

If you want to apply for a commercial API key, please contact our business development group. Please note that in some cases we may grant your request for a commercial API key subject to your payment of fees, such as to help cover infrastructure costs.

3. Attribution.

  1. You shall not use “RadioTime” in the hostname of your application, i.e. RadioTime.mydomain.com
  2. You shall place the following notice prominently on your application: “This product uses the RadioTime API but is not endorsed or certified by RadioTime.”
  3. You may not use the RadioTime logo without specific written permission from RadioTime.
  4. Any use of the RadioTime logo in your application shall be less prominent than the logo or mark that primarily describes the application and your use of the RadioTime logo shall not imply any endorsement by RadioTime.

4. Ownership and Relationship of Parties.

The RadioTime APIs may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. RadioTime’s rights apply to the RadioTime APIs and all output and executables of the RadioTime APIs, excluding any software components developed by you which do not themselves incorporate the RadioTime APIs or any output or executables of the RadioTime APIs. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. RadioTime owns all rights, title, and interest in and to the RadioTime APIs. These terms grant you no right, title, or interest in any intellectual property owned or licensed by RadioTime, including (but not limited to) the RadioTime APIs and RadioTime trademarks.

5. Support.

RadioTime may elect to provide you with support or modifications for the RadioTime APIs (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. RadioTime may change, suspend, or discontinue any aspect of the RadioTime APIs at any time, including the availability of any RadioTime APIs. RadioTime may also impose limits on certain features and services or restrict your access to parts or all of the RadioTime APIs or the RadioTime Web site without notice or liability.

6. Fees and Payments.

You must license the API before production deployment of any Commercial use of the RadioTime API. Please visit inside.radiotime.com for details and to acquire pricing and approval.

7. Disclaimer of Any Warranty.

SOME OF THE RADIOTIME APIS MAY BE EXPERIMENTAL AND NOT TESTED IN ANY MANNER. RADIOTIME DOES NOT REPRESENT OR WARRANT THAT ANY RADIOTIME APIS ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE RADIOTIME APIS ARE PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND RADIOTIME EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABLILTY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

YOUR USE OF RADIOTIME APIS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY RADIOTIME APIS INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

8. Limitation of Liability.

RADIOTIME SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE RADIOTIME APIS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT RADIOTIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL RADIOTIME BE LIABLE TO YOU FOR ANY AMOUNT.

9. Exclusions and Limitations.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.

10. Release and Waiver.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against RadioTime, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of RadioTime APIs. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

11. Hold Harmless and Indemnity.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify RadioTime and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of RadioTime APIs, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. RadioTime shall use good faith efforts to provide you with written notice of such claim, suit or action.

12. General Terms.

  1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and RadioTime shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of RadioTime, express or implied, and you shall not attempt to bind RadioTime to any contract.
  2. Invalidity of Specific Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
  3. Location of Lawsuit and Choice of Law. The Terms of Use and the relationship between you and RadioTime shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and RadioTime agree to submit to the personal jurisdiction of the courts located within the county of Dallas, Texas.
  4. No Waiver of Rights by RadioTime. RadioTime’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
  5. Miscellaneous. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between RadioTime and you with respect to the subject matter hereof.


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