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1. Acceptance of Terms of Use and
Amendments
Each time you use or cause access to this web site, you agree to
be bound by these Terms of Use, and as amended from time to time
with or without notice to you. In addition, if you are using a
particular service on or through this web site, you will be
subject to any rules or guidelines applicable to those services
and they shall be incorporated by reference into these Terms of
Use. Please see our
Privacy Statement, which is incorporated into these Terms of
Use by reference.
2. Our Service
Our web site and services provided to you on and through our web
site on an "AS IS" basis. You agree that the owners of this web
site exclusively reserve the right and may, at any time and
without notice and any liability to you, modify or discontinue
this web site and its services or delete the data you provide,
whether temporarily or permanently. We shall have no
responsibility or liability for the timeliness, deletion,
failure to store, inaccuracy, or improper delivery of any data
or information.
3. Your Responsibilities and Registration Obligations
In order to use this web site, you must register for an account,
agree to provide truthful information when requested, and be at
least thirteen (13) years of age or older. When registering, you
explicitly agree to our Terms of Use and as may be modified by
us from time to time and available here.
4. Privacy Policy
Registration data and other personally identifiable information
that we may collect is subject to the terms of our
Privacy Statement.
5. Registration and Password
You are responsible to maintain the confidentiality of your
password and shall be responsible for all uses via your
registration and/or login, whether authorized or unauthorized by
you. You agree to immediately notify us of any unauthorized use
or your registration, user account or password.
6. Your Conduct
You agree that all information or data of any kind, whether
text, software, code, music or sound, photographs or graphics,
video or other materials (content), publicly or privately
provided, shall be the sole responsibility of the person
providing the content or the person whose user account is used.
You agree that our web site may expose you to content that may
be objectionable or offensive. We shall not be responsible to
you in any way for the content that appears on this web site nor
for any error or omission.
You explicitly agree, in using this web site or any service
provided, that you shall not:
(a) Provide any content or perform any conduct
that may be unlawful, illegal, threatening, harmful, abusive,
harassing, stalking, tortious, defamatory, libelous, vulgar,
obscene, offensive, objectionable, pornographic, designed to or
does interfere or interrupt this web site or any service
provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or
international law;
(b) Impersonate or misrepresent your
association with any person or entity, or forge or otherwise
seek to conceal or misrepresent the origin of any content
provided by you;
(c) Collect or harvest any data about other
users;
(d) Provide or use this web site and any
content or service in any commercial manner or in any manner
that would involve junk mail, spam, chain letters, pyramid
schemes, or any other form of unauthorized advertising without
our prior written consent;
(e) Provide any content that may give rise to
our civil or criminal liability or which may consititue or be
considered a violation of any local, national or international
law, including but not limited to laws relating to copyright,
trademark, patent, or trade secrets.
7. Submission of Content on this Web Site
By providing any content to our web site:
(a) you agree to grant to us a worldwide,
royalty-free, perpetual, non-exclusive right and license
(including any moral rights or other necessary rights) to use,
display, reproduce, modify, adapt, publish, distribute, perform,
promote, archive, translate, and to create derivative works and
compilations, in whole or in part. Such license will apply with
respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all
legal, moral, and other rights that may be necessary to grant us
with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall
have the right (but not obligation), in our sole discretion, to
refuse to publish or to remove or block access to any content
you provide at any time and for any reason, with or without
notice.
8. Third Party Services
Goods and services of third parties may be advertised and/or
made available on or through this web site. Representations made
regarding products and services provided by third parties are
governed by the policies and representations made by these third
parties. We shall not be liable for or responsible in any manner
for any of your dealings or interaction with third parties.
9. Indemnification
You agree to indemnify and hold us harmless, our subsidiaries,
affiliates, related parties, officers, directors, employees,
agents, independent contractors, advertisers, partners, and
co-branders from any claim or demand, including reasonable
attorney's fees, that may be made by any third party, that is
due to or arising out of your conduct or connection with this
web site or service, your provision of content, your violation
of this Terms of Use or any other violation of the rights of
another person or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY
SERVICES OR CONTENT PROVIDED (THE SERVICE) IS MADE AVAILABLE AND
PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS"
AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR
EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE
SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY,
SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT
IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE
THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES
PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR
ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR
LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied
warranties and the above disclaimer may not apply to you only as
it relates to implied warranties.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE
INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE
GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED
INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER
MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability
and therefore such limitations may not apply to you.
12. Reservation of Rights
We reserve all of our rights, including but not limited to any
and all copyrights, trademarks, patents, trade secrets, and any
other proprietary right that we may have in our web site, its
content, and the goods and services that may be provided. The
use of our rights and property requires our prior written
consent. We are not providing you with any implied or express
licenses or rights by making services available to you and you
will have no rights to make any commercial uses of our web site
or service without our prior written consent.
13. Applicable Law
You agree that this Terms of Use and any dispute arising out of
your use of this web site or our products or services shall be
governed by and construed in accordance with local laws where
the headquarters of the owner of this web site is located,
without regard to its conflict of law provisions. By registering
or using this web site and service you consent and submit to the
exclusive jurisdiction and venue of the county or city where the
headquarters of the owner of this web site is located.
14. Miscellaneous Information
(i) In the event that this Terms of Use
conflicts with any law under which any provision may be held
invalid by a court with jurisdiction over the parties, such
provision will be interpreted to reflect the original intentions
of the parties in accordance with applicable law, and the
remainder of this Terms of Use will remain valid and intact;
(ii) The failure of either party to assert any
right under this Terms of Use shall not be considered a waiver
of any that party's right and that right will remain in full
force and effect;
(iii) You agree that without regard to any
statue or contrary law that any claim or cause arising out of
this web site or its services must be filed within one (1) year
after such claim or cause arose or the claim shall be forever
barred;
(iv) We may assign our rights and obligations
under this Terms of Use and we shall be relieved of any further
obligation.
©2010-11 All Rights Reserved. Radio Gets Wild
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