Terms and Conditions

Overview

These Terms & Conditions govern your use of New Mex Radio ("we," "us," or "our") services, including our streaming radio platform, website (newmexradio.com), subscription plans, and any related communications. By using our services, you agree to the following terms.

Consent and Opt-In

By creating an account, submitting music, or subscribing to our services, you confirm that:

• You are the owner or an authorized user of the contact information you provide.
• You consent to receive communications from New Mex Radio, including service updates and promotional content.
• Message frequency may vary based on your subscription and interactions.

SMS Messaging Program

New Mex Radio may send SMS messages to users who have opted in. Types of messages you can expect to receive include:

• Station news and announcements
• Event reminders and alerts
• Subscription and account notifications
• Artist and show updates
• Promotional offers and special content

By opting in to receive SMS messages from New Mex Radio, you agree to the following:

• Messaging frequency may vary.
• Message and data rates may apply.
• To opt out at any time, text STOP.
• For assistance, text HELP or visit our website at https://newmexradio.com.
• Visit https://newmexradio.com/Privacy for our Privacy Policy and https://newmexradio.com/Terms for Terms of Service.

SMS Support & Compliance

How New Mex Radio Obtains SMS Consent

New Mex Radio collects express written consent through our online account registration at newmexradio.com. During profile setup, users must actively check an unchecked checkbox stating:

"I agree to receive SMS communications from New Mex Radio. Message and data rates may apply. Reply STOP to opt out."

The form cannot be submitted without this affirmative action. No pre-checked boxes or implied consent are used.

Compliance Practices

• Affirmative Opt-in: Users must manually check a clearly labeled box to consent to SMS. This explicit action ensures compliance with CTIA guidelines against implied consent.
• Clear Disclosure: Our consent language clearly states the purpose of the messages, potential costs, and opt-out instructions directly at the point of collection.
• No Consent via SMS: We strictly adhere to guidelines preventing the use of SMS to obtain initial consent. All consent is gathered through our website prior to any messaging.
• Data Security & Sharing: SMS consent and phone numbers are never shared with third parties or affiliates for marketing or promotional purposes.
• Opt-Out Mechanism: Users can opt out at any time by replying STOP to any message. Replying HELP provides further assistance.

Contact Us

For any questions regarding our SMS program or to manage your communication preferences, please contact:
Email: support@newmexradio.com
Phone: 505-216-6454

Subscriptions and Payments

When subscribing to or purchasing services on our platform:

• All payments are processed securely through Stripe.
• You agree to provide valid and accurate payment information.
• Subscription fees are billed on a recurring basis unless cancelled.
• Prices are subject to change with reasonable notice.
• Subscription fees are non-refundable unless otherwise specified.
• You may cancel your subscription at any time; charges apply for the current billing period.

Music Submissions & Administrative Policy

All music submissions must be completed exclusively through our official portal at newmexradio.com. Physical submissions, email attachments, and direct messages will not be accepted.

When submitting music to New Mex Radio, you:

• Represent and warrant that you own or have licensed all rights to the submitted content.
• Grant New Mex Radio a non-exclusive license to stream, broadcast, and promote the submitted music.
• Agree that submissions may be played on our station without additional compensation.
• Acknowledge that subscription fees strictly cover administrative handling, digital hosting, metadata tagging, and cloud ingestion, and do NOT guarantee airplay, rotation, or station endorsement.
• Understand that all submissions—including Free Plan submissions—are genuinely reviewed and considered upon submission, regardless of tier.
• Acknowledge that Free Plan submissions undergo a 60-day administrative processing delay from the date of submission prior to cloud platform ingestion and are limited to request-only airplay during live DJ shows (maximum of one play per show).
• Understand that if you upgrade to a paid subscription plan during your 60-day processing period, your submission will be moved to the front of the review queue and processed under the upgraded plan's terms, significantly reducing the wait time for cloud ingestion and potential airplay.
• Understand that station management and programming DJs retain full discretion over airplay and rotation in compliance with station programming and DMCA webcasting guidelines.
• Waive any claims against New Mex Radio for broadcasting submitted content.

Artist and Business Profile Claims

When claiming an artist or business profile, you:

• Represent that you are authorized to act on behalf of the claimed entity.
• Agree to maintain accurate and up-to-date profile information.
• Understand that false claims may result in account termination.
• Retain ownership of your content but grant us license to display it.
• Agree to our content guidelines and moderation policies.

Prohibited Conduct

You agree not to:

• Submit content that infringes on third-party intellectual property rights.
• Upload viruses, malware, or other harmful code.
• Engage in illegal activities or promote unlawful acts.
• Harass, threaten, or intimidate others.
• Submit false or misleading information.
• Spam or engage in repetitive content submission outside designated portal rules.
• Attempt to gain unauthorized access to our systems.

Privacy Policy

We are committed to protecting your privacy. Your personal information, including any mobile contact details, will not be shared with third parties for marketing or promotional purposes without your consent.

Disclosure Statement: No personal mobile information will be shared with third parties or affiliates, except for data required for opt-in verification and consent management.

For full details, please refer to our Privacy Policy at https://newmexradio.com/Privacy.

Intellectual Property

All content on New Mex Radio, including our logo, design, text, graphics, and software, is the property of New Mex Radio and is protected by copyright and intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent.

Limitation of Liability

New Mex Radio shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, resulting from your use of or inability to use our services, any third-party conduct on our platform, or unauthorized access to your content or transmissions.

Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. New Mex Radio makes no representations or warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Indemnification

You agree to indemnify and hold harmless New Mex Radio and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of our services, your content, or your violation of these terms.

Eligibility

You must be at least 18 years of age, or have the consent of a parent or guardian, to use our services or participate in any SMS messaging program.

Termination

We may terminate or suspend your account and access to our services immediately, without prior notice, for any reason including breach of these terms. Upon termination, your right to use our services will immediately cease.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law provisions.

Changes to Terms

We reserve the right to update these Terms & Conditions at any time. Any changes will be posted on our website and will take effect immediately upon posting. By continuing to use our services, you consent to the revised terms.

Contact Us

If you have any questions or concerns about these Terms & Conditions, please contact:
Email: support@newmexradio.com
Phone: 505-216-6454
Website: https://newmexradio.com