Last updated: November 22, 2017
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, MEMBER, OR CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF November 22, 2017.
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our Users, Members, and Customers which may interact or interface with CarGlass, Inc. also known as Otto Radio, Inc., located at 185 Berry Street, Suite 170, San Francisco, CA 94107 and our subsidiaries and affiliates, in association with the use of the Otto Radio website and its Services, which shall be defined in Section 3 below.
2.1. "Agreement", "Terms of Service Agreement", "TOS" shall mean this Terms of Service Agreement that governs the relationship with Otto Radio's Users which may interact or interface with the Site and its Services.
2.2. "Customer" shall mean any Member who has signed up for Otto Select Services or Otto Premium Services described in Section 3 of this Agreement.
2.3. "Family Account" shall mean an account registered by a person, pursuant to Section 4 of this Agreement, who is at least 18 years of age who has granted permission for his/her child to access the various Services provided through the Family Account.
2.4. "Free Content" or "Free Library" shall mean the content, including News Content, designated by Otto Radio to be made available to all Members. At its discretion, Otto Radio may update, rotate, modify, or revise any content in the Free Library.
2.5. "Member" shall mean any User that has registered pursuant to Section 4 of this Agreement.
2.6. "Otto Radio", "Our", "Us", or "We" shall mean CarGlass, Inc. also known as Otto Radio, Inc.
2.7. "Otto Premium Content" or "Premium Library" shall mean content, including audio book content, designated by Otto Radio to be made available to Members who subscribe to Premium Otto Content. Premium Members receive a monthly credit that can be used to redeem content from the Premium Library. At its discretion, Otto Radio may update, rotate, modify, or revise any content in the Premium Library or make content available in the Premium Library available to the Select Library or Free Library.
2.8. "Otto Select Content" or "Select Library" shall mean content, including audio book content, designated by Otto Radio to be made available to Members who subscribe to Otto Select Content or Otto Premium Content. At its discretion, Otto Radio may update, rotate, modify or revise any content in the Select Library.
2.9. "Service" and "Services" shall mean the services described in Section 3 of this Agreement.
2.10. "Site" shall mean the Otto Radio e-commerce website, provided by Otto Radio, that provides Services described in Section 3 of this Agreement.
2.11. "User" or "Users" shall mean any visitor to the Site that uses the Services provided.
2.12. "You", or "Your" shall mean you as a visitor and User to the Site that uses the Services provided.
Otto Radio is a comprehensive audio streaming platform built on the idea that the time spent on everyday tasks can be transformed into opportunities to learn, be entertained and stay informed. With robust content management features, Otto Radio's Site offers a comprehensive audio catalog of personalized stations curating podcasts, articles, news and audiobooks. Otto Radio offers two subscription plans (Otto Select at $9.99 and Otto Premium at $14.99) as well as access to Free Content.
Otto Select Content
Otto Premium Content
A User that has registered for an account, pursuant to Section 5 of this Agreement, shall be considered a "Member".
The User and/or Member acknowledges and agrees that the Services provided and made available through Our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Otto Radio. At its discretion, Otto Radio may offer additional website Services and/or products, or update, modify or revise any current content (Free Content, Select Content, or Premium Content) and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Otto Radio does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as a User and/or Member, acknowledge, accept and agree that Otto Radio shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and policies currently in effect. Should You not agree to the updated, revised or modified terms, You must stop using the provided Services forthwith.
Furthermore, User and/or Member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Otto Radio shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a "Member" of the Site, You must be at least 18 years of age and able to enter into and form a legally binding contract. In addition, You must be in good standing and not an individual that has been previously barred from receiving Otto Radio's Services under the laws and statutes of the United States or other applicable jurisdiction.
When You voluntarily register, Otto Radio may collect information such as Your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit Your account information at any time. Once You register with Otto Radio and sign in to use our Services, you are no longer anonymous to us.
Furthermore, the registering User hereby acknowledges, understands and agrees to:
If any User and/or Member knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Otto Radio will have sufficient grounds and rights to suspend or terminate the Member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Otto Radio Services, or any portion thereof.
It is Otto Radio's priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the Site and Services must create a "Family Account", which will certify that the individual creating the "Family Account" is at least 18 years of age and that s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
As described in Sections 4 and 6 of this Agreement, we collect personal information directly and voluntarily from You as well as from Your use of the Services. Collection of this information is intended to assist Otto Radio in providing Service, but use of these Services is voluntarily.
The Non-Identifying information We collect or store is also used to improve the content of our Site and Services and to help us understand how people are using our Services. This information does not identify You personally and is used for gathering web site statistics. The information We automatically collect and store in our logs about Your visit helps Us to analyze Our Site to continually improve the value of the content and Services available. Our web site logs do not identify a visitor by personal information, and We make no attempt to link other web sites with the individuals that visit the Site.
Otto Radio does not sell individual Users' information to unrelated third parties. Otto Radio does reserve the right to use the aggregate of User information to improve the content of Otto Radio's Site and Services.
When You set up an account, You are the sole authorized User of Your account. You shall be responsible for maintaining the secrecy and confidentiality of Your password and for all activities that transpire on or within Your account. It is Your responsibility for any act or omission of any User(s) that access Your account information that, if undertaken by You, would be deemed a violation of this TOS. It shall be Your responsibility to notify Otto Radio immediately if You notice any unauthorized access or use of Your account or password or any other breach of security.
Otto Radio shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
Otto Radio herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
Otto Radio herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Otto Radio or any other content providers supplying content services to Otto Radio. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
User or Member herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Otto Radio's Site.
You agree to defend, indemnify and hold harmless Otto Radio, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors, from and against any and all claims and expenses, including legal fees, arising out of Your use of the Site and Services, including but not limited to out of Your violation of any representation or warranty contained in these Terms and Conditions.
You herein acknowledge that Otto Radio may set up any such practices and/or limits regarding the use of our Services, the maximum disk space allowable that shall be allocated on Otto Radio's servers on the Member's behalf, and/or the maximum number of times and/or duration that any Member may access our Services in a given period of time. In addition, you also agree that Otto Radio has absolutely no responsibility or liability for the removal or failure to maintain storage of any library lists or content maintained or transmitted by our Services. You also herein acknowledge that We reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Otto Radio shall reserve the right to modify, alter and/or update these general practices and limited at Our discretion.
Otto Radio shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our Service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a Member, you may cancel or terminate Your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com
As a member, you agree that Otto Radio may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit Your account, any email associated with Your account, and access to any of Our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, You herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at Otto Radio's sole discretion and that We shall not be liable to You or any other third party with regards to the termination of Your account, associated email address and/or access to any of Our Services.
The termination of Your account with Otto Radio, shall include any and/or all of the following:
All of Your content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through Our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between You and any such advertiser. Moreover, You herein agree that Otto Radio shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on Our website.
Either Otto Radio or any third parties may provide links to other websites and/or resources. Thus, You acknowledge and agree that We are not responsible for the availability of any such external sites or resources, and as such, We do not endorse nor are We responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore You acknowledge and agree that Otto Radio shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Otto Radio's Services and any essential software that may be used in connection with Our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, You herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through Our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Otto Radio or such applicable licensor, You agree not to alter, modify, lease, rent, loan, sell distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Otto Radio's Services (e.g. Free Content, Select Content, Premium Content, or Software), in whole or part.
Otto Radio herein has granted You personal, non-transferable and non-exclusive rights and/or license to make use of the object code or Our Software on a single computer, as long as You do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to Our Services. Lastly, You also agree not to access or attempt to access Our Services through any means other than through the interface which is provided by Otto Radio for use in accessing Our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT OTTO RADIO AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGHINDIRECT, WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
In the event You have a dispute, You agree to release Otto Radio (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Should You intend to create or to join any service, receive or request any such news, messages, alerts or other information from Our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Otto Radio's content is provided primarily for informational purposes, and no content that shall be provided or included in Our Services is intended for trading or investing purposes. Otto Radio and Our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of Our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Otto Radio may furnish You with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on Our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if You violate any aspects of the TOS by accessing Our Services in an unauthorized manner. Your acceptance of this TOS constitutes Your agreement that You are deemed to have received any and all notices that would have been delivered had You accessed Our Services in an authorized manner.
You herein acknowledge, understand and agree that all of Otto Radio's trademarks, copyright, trade names, service marks, and other Otto Radio logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Otto Radio. You herein agree not to display and/or use in any manner the Otto Radio logo or marks without obtaining Otto Radio's prior written consent.
23.1. ENTIRE AGREEMENT This TOS constitutes the entire agreement between You and Otto Radio and shall govern the use of Our Services, superseding any prior version of this TOS between You and Us with respect to Otto Radio's Services. You may also be subject to additional terms and conditions that may apply when You use or purchase certain other Otto Radio Services, affiliate Services, third-party content or third-party software.
23.2. CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and Otto Radio with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Otto Radio, shall be filed within the courts having jurisdiction within the County of San Francisco, California or the U.S. District Court located in said state. You and Otto Radio agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
23.3. WAIVER AND SEVERABILITY OF TERMS At any time, should Otto Radio fail to exercise or enforce any right of provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS 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 the TOS remain in full force and effect.
23.4. NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY You acknowledge, understand and agree that Your account is non-transferable and any rights to Your ID and/or contents within Your account shall terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted.
23.5. STATUTE OF LIMITATIONS You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of Our Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.