Thank you for choosing to become a subscriber (“Subscriber”). This customer agreement (“Agreement”) between you and Splash Radio, (“the Company,” “us” or “we”) applies to your paid, trial or other service (“Service“) in the Service Area (defined below) to the internet radio service (“Internet Radio Service“), any Equipment Technology (defined below) relating thereto. The Internet Radio Service, and any other programming or data for Equipment Technology for radio and other receivers now known or later developed (“Players“), will be collectively referred to here as the “Service.”

 Your Subscription may automatically renew under this Agreement. Your Subscription will continue for the length of the initial term you select on your plan and at the end of your Subscription, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel prior to that renewal. In order to cancel your subscription you must call us at 1-405-494-4429 or email [email protected]. Your account will automatically be charged (or you will be billed, as applicable) at the rates in effect at the time of renewal.

PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR THE SERVICE. BY ACCESSING OR USING THE SITE OR THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. PLEASE DO NOT USE THE SITE OR THE SERVICE IF YOU DO NOT AGREE WITH THIS AGREEMENT.

IF YOU DO NOT ACCEPT THESE TERMS, PLEASE NOTIFY US IMMEDIATELY AND WE WILL CANCEL YOUR SUBSCRIPTION. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION WITHIN FIVE BUSINESS DAYS OF THE START OF YOUR PLAN, IT WILL MEAN THAT YOU AGREE TO THIS AGREEMENT WHICH WILL BE LEGALLY BINDING ON YOU.

Our Privacy Policy governs the treatment by us of both anonymous and personally identifiable information that we collect when you use the Site or the Service and when you provide information to us in any medium for the Service, or any other services we may offer. Be sure to read our Privacy Policy which is found at www.splashradio.net/privacypolicy.

1. CHANGES IN TERMS AND SERVICE:

1. Changes To Terms: WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME. ANY CHANGES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS ON THE SITE REFLECTING THE NEW EFFECTIVE DATE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF THE CHANGES ONLINE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. YOU SHOULD FREQUENTLY REVIEW THE AGREEMENT (INCLUDING THE EFFECTIVE DATE) AND APPLICABLE POLICIES FROM TIME TO TIME TO UNDERSTAND THE TERMS THAT APPLY TO YOUR USE OF THE SERVICE AND/OR USE OF THE SITE.

If we make any material changes to this Agreement that, in our sole judgment, would have an adverse effect on your use of the Service, we will either post a notice on the Site that this Agreement has changed and the effective date of such change, provide you a notice describing such changes and their effective date, below, or send you the revised Agreement. In the event of any potential conflict between this Agreement and the terms of any offer for the Service, this Agreement will govern.

2. Change To Programming: The Service consists of a variety of music entertainment programming. We reserve the right to change, rearrange, add, or delete programming, including canceling, moving or adding particular channels, at any time, with or without notice to you. Your continued use of the Service following any programming changes will constitute your acceptance of such changes.

1. USE OF SERVICE:

1. Eligibility For Use of Service: You must be at least 18 years old, or the age of majority, as determined by the laws of your state of residency, to assume the obligations set forth in this Agreement.

2. Service Area: We offer the Internet Radio Service in the 50 contiguous United States and Canada. If your address is not in our Service Area, your player will not be activated to receive the Internet Radio Service. We reserve the right to verify any address you provide.

3. Internet Radio Service: The Internet Radio Service may be unavailable or interrupted from time to time for a variety of reasons, such as unavailability or difficulties with the Internet generally or with the media player, business wiring or network, or Internet service provider and/or other things that we cannot or do not control.

The Internet Radio Service functions best over a broadband connection. We do not guarantee continuous, uninterrupted or secure access to the Internet Radio Service and are not responsible for any noise and/or interruptions that occur.

4. Commercial Use of the Service: The Service is provided only for commercial enjoyment in areas only used for background music. The commercial use does not cover areas you use for physical activity. You may not make personal use of, reproduce, rebroadcast, or otherwise transmit our programming, or record our programming. We or any of our programming providers may prosecute violations of the foregoing against you and other responsible parties in any court of competent jurisdiction. WE RESERVE THE RIGHT TO LIMIT THE NUMBER OF PLAYERS, OR ACCESSORIES, YOU PURCHASE FROM US, REGARDLESS OF THE TERMS OF ANY PROMOTIONAL OFFER.
5. Service Interruptions: The Service may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographic conditions, many of which we cannot control. We are not responsible for any noise and/or interruptions of the Service.
6. Service Cancellation: We reserve the right to cancel your Service at any time if you fail to pay amounts owing to us when due, violate or breach any of this Agreement, or for any other reason in our sole discretion. If your Service is cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein. See also: C.13. “Service Suspension,” D.4. “Loss of Receiver Equipment,” F.2. “Automatic Renewal,” F.8. “Cancellation Fee,” F.9. “Service Credits,” and G. “Cancellation.”
7. Service Choices: Services are available in a variety of programming packages, and we refer to them throughout as “Packages.” Services are also available in a variety of recurring payment plans, and we refer to them throughout as “Plans.” Examples of our Plans are “Monthly,” “Quarterly,” “Annual, Not all Plans are available for all Packages.
8. Interactive Services: You acknowledge and agree that (a) we are not responsible for material submitted to us or posted to the Jukebox by users (“user content”); (b) we have no obligation to pre-screen, monitor, review or edit any user content submitted to the Jukebox service.
9. PLAYERS AND OTHER EQUIPMENT:
10. Loss of Player Equipment: If your player is lost, stolen, sold or otherwise transferred you must cancel or suspend your Service or you will remain responsible for the payment obligations for your Radio Service under the terms of your Service.
11. Right to Transfer Service: Radio Service are generally transferable, and may be subject to the payment of a transfer fee .
12. INTELLECTUAL PROPERTY RIGHTS:
13. Technology: You agree not to copy, decompile, disassemble, reverse engineer, make derivative works of or manipulate any technology or data or content stored or incorporated in any equipment (including Players) used to receive the Service (collectively, “Equipment Technology”), or otherwise modify or tamper with, any such equipment. You also agree not to upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, disable or limit the functionality of the Jukebox Site or the Radio Service. Furthermore, the music and other content on the Service are protected by copyright and other intellectual property laws and all ownership rights remain with the respective content and data service providers. You are prohibited from any export of the data (or derivative thereof) except in compliance with applicable export laws, rules and regulations. The user of software contained in the Equipment Technology or the Site is explicitly prohibited from attempting to copy, decompile, reverse engineer, hack, manipulate or disassemble the object code, or in any other way convert the object code into human-readable form. You may use the Equipment Technology only for your commercial use in connection with the Service.
14. Content: All music, programming, data, information, visual, oral or other digital material, and all other content of any description available on the Jukebox Site or included in the Service and/or in the Equipment Technology (collectively, the “Content“), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the “Intellectual Property“) are owned by the Company or are the property of our licensors and suppliers who have given us permission to use it. Neither your access to and use of the Service nor does this Agreement grant you any right, title or interest or license in or to any such Content, and you may not use such Content without the express written permission of the owner(s). You may not reproduce, perform, distribute, display or create derivative works from the Content. You may only use the Content and the Intellectual Property, access the Jukebox Site and use any the Services we provide as expressly permitted in this Agreement and for no other purpose.
15. Copyright: If you are authorized to act on behalf of a copyright owner, and any material in the service infringes on the rights of the owner, please notify us:

Splash Radio,  Attention: Legal Department

1601 Selborne Place. Yukon, OK  73099

To be effective, your notification must provide us with information that meets the requirements of the U.S. Copyright Act, which are summarized as follows:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• A detailed identification of the copyrighted work or works claimed to have been infringed;
• Information sufficient to permit us to locate the allegedly infringing material;
• Information sufficient to permit us to contact you, such as an address, telephone number or email address;
• A statement that you have a good faith belief that the use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent or the law;
• Your sworn statement that the information in your notification is accurate; and
• Your sworn statement that you are authorized to act on behalf of the copyright owner of the allegedly infringing material.

5. Radio Service: You may not rebroadcast the Radio Service in any way. You may play the Radio Service through speakers for commercial use. You may not make any recordings of, or otherwise duplicate, the content provided by the Radio Service. In addition, you may not re-transmit or otherwise distribute the content provided by the Radio Service in any way, including online streaming such content or making such content available for download.
6. PAYMENT: In return for receiving the Service, you agree to pay us as follows:
7. Service Fee: You must pay in advance by credit card or electronic check or you can elect to receive an invoice. Please do not include comments or questions with your check or money order payment. If paying by check or money order against an invoice, mail all payments to the address contained on your invoice. Payment can be sent to:

Splash Radio,  1601 Selborne Pl

Yukon, OK  73099

By sending your completed, signed check to us, you authorize us to copy your check and to use the account information from your check to make a one-time electronic fund transfer from your account for the same amount as the check. Funds will be withdrawn from your account within 24 hours and you will not receive your check back from your financial institution.

2. Automatic Renewal: Your Service will continue for the length of the initial term you select on your Plan (“Service Term“) and at the end of your Service Term, it will automatically renew for additional periods of the same length unless you choose to cancel prior to that renewal, or your Service is cancelled, terminated, or discontinued by you or by us, or you select a different Plan. Your account will automatically be charged (or you will be billed, as applicable) at the rates in effect at the time of renewal. We may, at our option, process your renewal on a month-to month basis instead of your chosen Subscription Term.
3. Changes in Fees: Our fees and other charges are subject to change without notice.
4. Change of Address or Account Information: You must notify Splash Radio Billing immediately of any change in your name, billing address, service address, email address, telephone number, credit card or other account information.

8. Fees: We will charge you one or more of the following fees, all of which are subject to change without notice:

• Activation Fee: For each Player on your account, we may charge you a fee to activate, reactivate, upgrade or modify your Service..
• U.S. Music Royalty Fee: Service Packages which include music channels will be charged a U.S. Music Royalty Fee from various Royalty companies.
• Late Fee: If we do not receive your payment by the billing due date, we may charge you a late fee. The late fee is currently the lesser of (a) $5.00 or (b) the maximum amount permitted under applicable law per month or partial month until the delinquent amount is paid in full, in each case, subject to applicable law. We do not extend credit to customers and you acknowledge that this fee is not an interest charge, finance charge, or other charge of a similar nature and it is reasonably related to the actual expense we incur due to unsatisfied payment and may be subject to limitations set forth by law in your state.

Returned Payment Fee: If any bank or other financial institution refuses to honor any payment of yours, we may charge you a fee that is the lesser of (i) $25.00 ($15.00 for residents of West Virginia); and (ii) the maximum amount permitted under applicable law. You acknowledge that this fee is not an interest charge, finance charge, or other charge of a similar nature and it is reasonably related to the actual expense we incur due to unsatisfied payment.

• Transfer Fee: If you transfer a Service from one Player to another or from one company to another, you may be charged a transfer fee of $15.00 for all.
• Cancellation Fee: You agree to make payments in accordance with the terms of the promotion that you accepted and agreed to, including payments of any early cancellation fees if you terminate the Service prior to the end of any minimum commitment period.

We reserve the right to waive any of these fees, in whole or in part, at our discretion. Our failure to enforce any of these fees or any other provisions of this Agreement shall not be construed as a waiver of the right to assert any such terms on any future occasion.

You may cancel your Service at any time. In order to cancel your subscription you must call us at 405-494-4429 or email [email protected]. Your cancellation will become effective following the date we receive your notification by telephone/email, either immediately or on your next billing date. A cancellation fee may apply on radios purchased directly from us at a discount and/or combined with a discounted subscription price, which fee is disclosed at time of purchase.

These terms of service have been updated, last updated: 1-5-24