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Terms of Service

Last updated on 12/22/2020. Please also see our Privacy Policy. 

Grandma Communications LLC’s Platforms

These Terms of Service and our Privacy Policy apply to all users of Grandma Communications LLC’s or any of its affiliates’ (collectively, “our”) digital or broadcast platforms, including, without limiting the generality of those platforms, this website and all of our other websites, if any, that link to these Terms of Service, embeddable content that Grandma Communications LLC or any of its affiliates (collectively, “we” or “us”) may make available for use on other persons’ websites or digital platforms, and our applications, other than content of third parties, discussed below under the heading “Third Party Content, Products, or Services” (individually and collectively, “Our Platform”).

Modification or Termination by Us

We may, in our sole, absolute, and irrefutable discretion, modify, add to, or delete portions of these Terms of Service at any time by our posting updated Terms of Service. Any modifications, additions, or deletions (“changes”) to these Terms of Service will become effective immediately upon that posting without any other notice to users of Our Platform and will take effect only prospectively from the dates of the respective changes. We may but shall have no obligation to notify persons on our mailing list, if any, of changes by email as well. No changes will become effective without our prior agreement to those changes, evidenced by our posting them on Our Platform. We will not post updates or send email notification regarding changes to the list of third parties, which we may update from time to time.

These Terms of Service, as they may be updated by any changes, are referenced throughout these Terms of Service as “these Terms.”

Please review these Terms often, as they may be affected by changes. By your using Our Platform, you agree to be bound by these Terms and our Privacy Policy and that your continued use of Our Platform following our posting of any changes to either of those documents constitutes your irrefutable consent to those changes.

We reserve the right, in our sole, absolute, and irrefutable discretion, to modify, suspend, or terminate Our Platform or any portion of Our Platform at any time, with or without notice to you.

Our Copyrights

Our Platform and contents and elements of Our Platform (including, without limiting the generality of those contents and elements, both editorial content and the code used in programming Our Platform) are protected by United States of America (“U.S.A.”) and international copyright laws. Except as expressly provided in these Terms, you may not reproduce, distribute, transmit, display, prepare derivative works, perform, or use in any other way that is prohibited by copyright law without prior written consent of the copyright holder, any copyrighted material found on or in Our Platform. You may copy, print, or record content for your personal, noncommercial, lawful use if and only if you include all copyright and other notices contained in that content and you do not modify that content. To request our permission for any other use, please use our permission request form.

Our Marks

Grand Central® and Grand Central® logos and program names are our trademarks or service marks. We reserve all rights to these marks. You may not use any of our marks, logos, or graphics without our prior written consent. All other trademarks and service marks appearing on Our Platform are the property of their respective owners and should be used only with prior written consent from the respective owners.

Third Party Content, Products, or Services

Our Platform may contain or display advertisements for goods or services (including, among others, advertisements in connection with co-promotions, sponsorships, and other partnership arrangements), and links to websites, applications, or services, or use embedded tools, provided and controlled by persons not owned, operated, or controlled by any of us (“third parties”). Those websites, applications, services, or embedded tools (“Third Party Sites”) are governed by the terms of service of the respective third parties.

The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning products, services, information, opinion, or advice ordered or received from any third parties or other persons except us are solely between you and the respective persons. We will not be a party to nor in any way responsible for monitoring any transaction between you and any third parties or other persons except us or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with third parties or other persons except us are your responsibility to the respective persons.

We do not monitor nor control, and are not responsible in any way for, any Third Party Sites, do not endorse, warrant, nor guarantee, are not responsible in any way for, and make no representations nor warranties, either express or implied, regarding, the suitability, accuracy, completeness, timeliness, reliability, quality, availability, usefulness, safety, integrity, or legality of, (a) any content or information uploaded, displayed, or distributed on, (b) operators of any third parties referenced on, (c) any products or services available at any of the Third Party Sites or linked to, embedded in, featured on, or otherwise used via, or (d) any products or services of any third parties advertised, promoted, or displayed on, Our Platform.

If you choose to access any of the Third Party Sites, you do so at your own risk and subject to the terms of service and privacy policies of the respective third parties. Users of Our Platform should review these terms of service and privacy policies often, as they may change from time to time. 

Really Simple Syndication Feeds and Other Subscription Services, if any

Subscription services, such as but not limited to newsletters and Really Simple Syndication (“RSS”) feeds, if any, available through Our Platform (collectively, “Subscription Services”) are covered by these Terms. You may use these RSS feeds and other Subscription Services, if any, for your personal, noncommercial, lawful use only, subject to charges and rules set forth in the descriptions of the respective Subscription Services. When using Subscription Services, you must link and provide attribution to Grandma Communications LLC, either in text, or by using “Grand Central®” or “Grand Central® Radio” or an image using the logo included in the Subscription Services. We may disable, change, or stop distributing any Subscription Services, if any, and we may require users to cease all use of any one or more Subscription Services, if any, at any time. To request our permission to use any Subscription Services, please use our permission request form.

Software

Without limiting the generality of any other provision of these Terms, any software made available to access, use, view, or download in connection with any of Our Platform (“Software”), including, without limiting the generality of the foregoing, applications, podcasts, audio streaming, or video streaming, is owned or controlled by us or our licensors or suppliers and is protected by U.S.A. copyright laws and international treaty provisions. Your use of Software is limited to your personal, noncommercial, lawful use and is governed by the terms of the end user license agreement, if any, accompanying or included with the Software. We accept no responsibility or liability in connection with any Software owned or controlled by any third parties or other person except us.

International Use and U.S.A. Export Controls

Without limiting the generality of any other provision of these Terms, we make no representation or warranty that any materials on Our Platform are lawful, appropriate, or available for use in locations outside the U.S.A. You access Our Platform at your own risk and initiative and are responsible for compliance with any applicable laws in the jurisdiction of your location at access, residence, or citizenship.

The U.S.A. controls export of any Software. No Software or any other materials associated with Our Platform may be used, downloaded, or recorded by, or otherwise imported, exported, or re-exported to, countries or persons to the extent prohibited under export control laws, including but not limited to countries against which the U.S.A. has embargoed goods, or to anyone on the U.S.A. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S.A. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of the jurisdiction of your location at access, residence, and citizenship regarding the use, downloading, recording, import, export, or re-export of any Software or such other materials.

Without limiting the generality of your representations and warranties under other provisions of these Terms or otherwise, by using, downloading, or recording any Software or such other materials from Our Platform, you represent and warrant that are you not located in, under the control of, or a national, citizen, or resident of, any country to which such import, export, or re-export is prohibited and you are not a person by which such use, downloading, or recording, or to which import, export, or re-export, is prohibited, and that your use of Software and Our Platform is lawful.

Use of Our Platform

By using Our Platform, including, without limitation, by using Subscription Services, if any, downloadable content, or any other features of Our Platform, you agree to the following rules:

  • Our Platform may be used only for personal, noncommercial, lawful purposes not prohibited by these Terms. You may not use Our Platform to distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods and services.
  • Our Platform is intended only for users at or above the legal age of majority in the jurisdiction of the respective user’s primary legal residence, and for users in locations where use of the respective portion of Our Platform is lawful.
  • We may limit or terminate a user’s access to all or any portion of Our Platform for any reason, including, without limiting the generality of the foregoing, a user’s violation of law, any contract to which any user or any person controlled by any user is a party or that is binding upon any user or any person controlled by any user, or these Terms.

Our Platform does not permit users to post to Our Platform comments or other expressions of approval or disapproval.

Representations and Warranties

Without limiting the generality of your representations and warranties under other provisions of these Terms or otherwise, you represent and warrant that (a) you are at or above the legal age of majority in the jurisdiction of your primary legal residence, (b) all content on Our Platform accessed by you is acceptable to you, (c) you own or have sufficient authority to use Our Platform and each electronic, telephonic, computer, or other device that you use to access Our Platform (each, a “Device”), (d) when contacting us by Contact, email, telephone, or any other medium, you will not impersonate another person or entity or misrepresent your affiliation with any person or entity, (e) you will not use Our Platform in any manner that could damage, disable, overburden, impair, or otherwise interfere with the use of Our Platform by others or cause damage or disruption to, or limit functioning of, any software, hardware, or telecommunications equipment, (f) you will not attempt to gain unauthorized access to Our Platform, accounts, computer systems, or networks through hacking, password mining, or any other means, and (g) your use of Our Platform is for personal, noncommercial, lawful purposes only and complies and will comply with law, each contract to which you or any person controlled by you are or is a party or that is binding upon you or any person controlled by you, and these Terms.

Indemnification

You agree that you will indemnify and hold harmless us and each of our managers, members, owners, directors, officers, employees, contractors, agents, licensees, licensors, distributors, suppliers, subsidiaries, and affiliates, and others involved in creating, sponsoring, promoting, or otherwise making available Our Platform, the contents of Our Platform, or Software (collectively, the “Grandma Communications LLC Team”), from and against any and all claims, actions, proceedings, demands, liabilities, costs, or expenses, including, without limiting the generality of the foregoing, reasonable attorneys’ fees, costs, and expenses at all trial and appellate levels of litigation and in arbitration,  mediation, and all other alternative dispute resolution proceedings, procedures, or platforms, arising directly or indirectly from or in connection with (1) your breach of any of the representations and warranties set forth in these Terms or any other agreement between you and any of us or otherwise applicable to your use of Our Platform or Software or (2) your use of any of Our Platform or Software.

You also agree to cooperate fully with us in our assertion of any available defenses in connection with any claim, action, or proceeding subject to indemnification by you under these Terms.

Disclaimer

Our Platform and all information, content, and materials on Our Platform are available on an “as is,” “where is,” “with all faults,” and “as available” basis, without any representations or warranties of any kind, either express or implied, including, without limiting the generality of the foregoing, (a) warranties of title or non-infringement of the rights of third parties or (b) implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, workmanlike effort, or informational content.

We do not warrant that Our Platform or Software will be uninterrupted or error-free, that defects will be corrected, or that Our Platform or Software will be free of viruses or other harmful components. We also do not make any warranties as to the results that may be obtained from use of Our Platform or as to the suitability, accuracy, completeness, timeliness, reliability, quality, availability, usefulness, safety, integrity, legality, or content of any information, products, services, opinions, statements, or other material available on or through Our Platform or through links on Our Platform.

Use of Our Platform is entirely at your own risk.

Limitation of Liability

In no event whatsoever will we or any of the Grandma Communications LLC Team be liable to any person or entity whatsoever for any of the following, none of which shall limit the generality of any other of the following:

  • any failures caused by server errors, mis-directed or redirected transmissions, failed internet connections, interruptions in transmissions or receipt of orders, or any computer virus or other technical defect, whether human or technical in nature,
  • any failure or delay in our performance which may be due, in whole or in part, to fire, explosion, earthquake, tornado, hurricane, storm, flood, drought, infestation, overrunning, or other adverse weather or climate condition or disaster (from whatever cause arising, whether natural or otherwise), accident, breakdown of machinery or facilities, strike, lockout, combination of workmen or other labor difficulties (from whatever cause arising, and regardless whether the demands of any employees are reasonable or within our power to grant), disease, epidemic, or pandemic (from whatever cause arising, whether natural or otherwise), war, invasion, insurrection, riot, civil unrest, act of God, the public enemy, or aliens, law, act, order, proclamation, decree, regulation, ordinance, instruction, or request of any governmental, regulatory, or other public agency or authority, judgment, order, or decree of any court of competent jurisdiction, delay or failure of any carrier or contractor, labor shortage, inability to obtain transportation, computer, telecommunications, or other technological or electronic equipment, operating materials, plant equipment, or materials required for any maintenance or repairs, curtailment, suspension, or delay of operations to remedy or avoid an actual or alleged violation or violations of any federal, state, or local pollution standards or other federal, state, or local legal or regulatory requirements as may be in effect at any time or from time to time, any contingency, delay, failure, or cause of any nature or kind beyond our reasonable control, regardless whether of the kind specified in these Terms and regardless whether any such contingency, delay, failure, or cause has occurred, is occurring, or may occur, or any force majeure whatsoever, regardless whether specified in these Terms, or,
  • any direct, indirect, compensatory, consequential, special, incidental, or punitive damages or any damages whatsoever, arising out of any failure or delay in our performance hereunder, any other failure referenced in these Terms, or the use or inability to use Our Platform or any Software, including, without limiting the generality of the foregoing, (a) loss of goodwill, profits, business interruption, data or other intangible losses, (b) your inability to use, unauthorized use of, or performance or non-performance of, Our Platform or any Software, (c) unauthorized access to or tampering with your personal information or transmissions, (d) the provision or failure to provide any service, (e) errors or inaccuracies contained on Our Platform or any information, software, products, services, or related graphics obtained through Our Platform or any Software, (f) any transactions entered into through Our Platform or any Software, (g) any property damage, including, without limiting the generality of the property damage, damage to any Device or computer system caused by viruses or other harmful components during or on account of access to or use of Our Platform, any website to which Our Platform provides hyperlinks, or any Software, or (h) damages otherwise arising out of access to or use of Our Platform, any website to which Our Platform provides hyperlinks, or any Software.

The limitations of liability under these Terms shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have notice or knowledge of the possibility of damages.

In no event whatsoever will we or any of the Grandma Communications LLC Team be liable in the aggregate, jointly or severally, for any amount more than $100.00, which amount constitutes liquidated damages and not a penalty.

Rights Agent

If you believe that your work has been reproduced on Our Platform in a way that constitutes infringement of copyright, trademark, other intellectual property, or other rights, please provide the following information in writing to our Rights Agent:

  • A physical or electronic signature of a person authorized to act on behalf of the alleged owner of the rights.
  • A description of the work or rights as to which you claim infringement.
  • A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit us to locate that material.
  • Your name and mailing address, telephone number, and e-mail address. We will not text or facsimile with you.
  • A statement that you have a good faith belief that use of that material in the manner complained of is not authorized by the rights owner, his, her, or its agent, or the law.
  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner of the rights or are authorized to act on behalf of the owner of the rights allegedly infringed.

Our Rights Agent’s contact information is the following:

Manager
Grandma Communications LLC
143 E. Ridgewood Ave. #207
Ridgewood, NJ 07451
info@grandcentralradio.com

Miscellaneous

These Terms and our Privacy Policy constitute the entire agreement between you and us with respect to your use of Our Platform and supersede any previous documents, correspondence, conversations, or other oral or written understanding relating to these Terms, our Privacy Policy, or Our Platform.

These Terms and our Privacy Policy are governed by, construed, and enforced under and in accordance with New Jersey law, as it is applied to agreements entered into and to be performed entirely within New Jersey without regard to choice of law rules of New Jersey, and, to the extent applicable, the laws of the U.S.A.

To the extent permissible by law, any disputes, claims, or causes of action arising under or in connection with these Terms or our Privacy Policy or relating to Our Platform or any Software will be resolved individually, without resort to any form of class action, exclusively in the state or federal courts located in New Jersey. By accessing Our Platform, you agree to submit to the personal jurisdiction and venue in the state or federal courts located in New Jersey for any disputes, claims, or causes of action arising under or in connection with these Terms or our Privacy Policy or relating to Our Platform or any Software.

YOU HEREBY WAIVE TRIAL BY JURY FOR RESOLUTION OF ANY DISPUTES, CLAIMS, OR CAUSES OF ACTION ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR OUR PRIVACY POLICY OR RELATING TO OUR PLATFORM OR ANY SOFTWARE.

You agree to file any cause of action arising under or in connection with these Terms or our Privacy Policy or relating to Our Platform or any Software within one (1) year after that cause of action arises and that any such cause of action filed after that date is time barred.

Any changes or waiver of a provision or portion of these Terms or our Privacy Policy by us will not constitute our waiver or modification of any other provision or portion of these Terms or our Privacy Policy or any other agreement or of any of our other rights.

Our failure to insist upon strict performance by you of any provision or portion of these Terms or our Privacy Policy shall not be construed as a waiver of that provision or portion or any other provision or portion of these Terms or our Privacy Policy or any other agreement or of any of our rights.

These Terms and our Privacy Policy shall inure to the benefit of our successors and assigns. By your using Our Platform or any Software, you and your heirs, executors, administrators, legal or personal representatives, successors, and assigns agree to be bound by these Terms and our Privacy Policy.

If for any reason any provision of these Terms or our Privacy Policy, or the application of any provision of these Terms or our Privacy Policy to any person or circumstances, is found unenforceable or invalid for any reason under the law of any jurisdiction (including, without limiting the generality of the foregoing, any provision regarding indemnification, disclaimer or limitation of any representations or warranties, liabilities, or damages), then that provision will be deemed superseded by a provision that matches the provision as written as closely as possible but is enforceable and valid to the maximum extent permissible under the law of each jurisdiction and the remainder of these Terms and our Privacy Policy will continue in full force and effect in all jurisdictions as those documents are set forth on Our Platform.

You must send all legal and other notices to us by email to info@grandcentralradio.com and by U.S. Postal Service mail to:

Manager
Grandma Communications LLC
143 E. Ridgewood Ave. #207
Ridgewood, NJ 07451

Questions

If you have any questions about these Terms or our Privacy Policy, please communicate them to us using Contact or info@grandcentralradio.com .