By accessing this site, you agree to the following Terms & Conditions,
Updated: 1 March 2022
Welcome to Sitch Radio
Thanks for using our products and services (“Services”). The Services are provided by Sitch Radio, located at 2649 Campus Drive, Irvine CA 92612 USA.
By using our Services, you agree to these terms. Please read them carefully.
Our Services are very diverse, so additional terms or product requirements may sometimes apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
1. BINDING EFFECT
3. GOVERNING LAW
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Ana, California in all disputes arising out of or related to the use of the site.
The site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.
5. USE OF SOFTWARE
The company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, non-commercial, home use only. The company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
6. USER CONTENT
You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of the intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
8. INAPPROPRIATE CONTENT
You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that
(a) is libelous, defamatory, obscene, pornographic, abusive, or threatening;
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
9. COPYRIGHT INFRINGEMENT
The company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Please visit our DMCA Policy link at the bottom of the site pages to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. The company’s DMCA Policy is expressly incorporated into this Agreement by this reference.
10. ALLEGED VIOLATIONS
11. NO WARRANTIES
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT A WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITED LIABILITY
THE COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
13. AFFILIATED SITES
14. PROHIBITED USES
The company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation,
(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
All contents of Site or Service are Copyright © 2018 Brian Colburn, bcolburn LLC and Sitch Radio, 441 W. Alton Ave Unit D, Santa Ana, CA. All rights reserved.
17. SEVERABILITY; WAIVER
18. NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.
19. UNITED STATES USES ONLY
The Site is controlled and operated by Company from its offices in the State of California. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. The company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California and the United States.
The company reserves the right to amend these Terms. Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information, so you may discuss the proposed changes with us. Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward-looking.