EXPO-RADIO.COM
TERMS OF SERVICE
Last Updated: July 1, 2011
PLEASE READ AND REVIEW THESE TERMS OF SERVICE AND THE TERMS OF OUR
PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE OR ANY PART OF THE SERVICE, INCLUDING ACCESSING AND USING THE RADIO SERVICE OR PURCHASING ANY SERVICES OR PRODUCTS OFFERED AT THIS WEBSITE, CONFIRMS AND CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS WITHOUT MODIFICATION BY YOU. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE OR THE RADIO SERVICE.
1. Use of Site.
a. Acceptance of Terms. The website www.expo-radio.com (this “Site”), is owned by Orman Productions, LLC, a Virginia limited liability company (the “Company”). The use of this Site is governed by these Terms of Service (these “Terms of Service”) between each visitor to this Site (“you” (in its various grammatical forms (e.g. “your”)) and the Company. Your use of this Site, the Radio Service or any part of the Service constitutes your acceptance of these Terms of Service. The terms “we” “us” or “our” as used in these Terms of Service refer to the Company and any of its affiliates. THESE TERMS OF SERVICE CONTAIN IMPORTANT PROVISIONS CONCERNING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING DISCLAIMERS OF WARRANTIES (SECTION 10), LIMITATION OF LIABILITY (SECTION 11) AND INDEMNIFICATION (SECTION 12).
b. Modification of Terms of Service. From time to time, we may, without notice, update and make additions, deletions, or other modifications to these Terms of Service. We encourage you to periodically review these Terms of Service so that you always will know of any material changes. You agree to be bound by all of the provisions of these Terms of Service that are displayed on this Site on the date that you use this Site, the Radio Service or any part of the Service, even if such provisions have been modified, altered, or deleted since you last used this Site, the Radio Service, or any part of the Service. Your use of this Site, the Radio Service or any part of the Service indicates your acceptance of all of the terms and conditions of these Terms of Service that are displayed on Site on the date of such use. No modifications to the Terms of Service will apply retroactively.
c. Description of Radio Service. The primary service currently offered through the Site is access to listings of content being played by Internet radio streaming services and radio station websites, which enable the user to access such radio streaming services or to link directly to such radio station website (the “Radio Service”). General information concerning the features of the Radio Service are available at this Site. Currently the Radio Service is offered at no charge and you may either register at the Site as a registered user or visit the Site and access the Radio Services as an unregistered guest. THE RADIO SERVICE PROVIDES ACCESS TO MUSIC AND CONTENT THAT IS STREAMED OR PROVIDED BY THIRD PARTIES, NOT BY US. WE HAVE NO CONTROL OVER THE MUSIC OR CONTENT THAT MAY BE OFFERED OR PROVIDED BY ANY THIRD PARTY STREAMING SERVICE OR WEBSITE OR THE MEANS USED BY ANY SUCH THIRD PARTY TO STREAM OR PROVIDE CONTENT.
d. Other Offerings. In addition to the Radio Service, we may provide through this Site various services and access to resources, which may include (i) the display and provision of information (including promotional and educational information, and endorsements and testimonials), copyrighted works, photographs, text, music, video, sound, graphics, messages, and other materials, including materials owned by third parties (all of the foregoing made available on, or accessible at, the Site or in connection with the Radio Service by us shall be referred to herein, collectively, as “Content”); (ii) interactive tools and features, such as chat rooms, blogs, and user forums; (iii) the advertisement, offering and sale of services and products other than access to the Radio Service (collectively, “Other Offerings”); and (iv) links to websites offering downloads of software products, including third party computer media players and services (“Third Party Software”). All services, features, tools, applications, software and programs, including any Third Party Software, that are available on or through this Site, other than the Radio Service, shall be referred to in these Terms of Service, collectively, as the “Service.”
e. Application of these Terms of Service. These Terms of Service apply to your use of this Site, the Radio Service, the Service and any Content.
f. Scope of Use. Subject to these Terms of Service, you may use this Site, the Radio Service and the Service only for your own personal, lawful, non-commercial purposes. You shall not execute any transaction through this Site or using the Radio Service other than for yourself or for another person for whom you are legally authorized to act. You may not use this Site, the Radio Service, or any part of the Service in any way that is unlawful, or harms the Company or its affiliates, resellers, distributors, service providers, suppliers or any customer of the Company.
2. Registration.
a. User Account. You do not currently have to register to use the Site or the Radio Service. If you chose to register at the Site, you must create an account (a “User Account”). In order to establish a User Account, you must provide certain personally identifiable information, which may include your name, address, telephone number and e-mail address. By establishing a User Account, you represent and warrant to us that (i) you are over the age of eighteen (18) years; (ii) all information that you provide to us in connection is accurate and complete; and (iii) you are not prohibited or barred under any applicable law, statute, rule, regulation of ordinance from accessing or using this Site or any part of the Service.
b. Login and Password. During the registration process, you will be asked to select a unique login and password in accordance with our registration requirements (“Log-In Information”). You shall secure and maintain the confidentiality of your Log-In Information and you shall be solely responsible for all acts and omissions taken by any party using your Log-In Information. You shall immediately notify us in the event of any known or suspected unauthorized use or disclosure of your Log-In Information, or any other act or omission that threatens to impair the security or integrity of this Site, the Radio Service, or any part of the Service.
c. Your Information. Your registration at the Site will enable you to create and maintain a personal profile. All of the information contained and stored in your profile shall be referred to herein as “your Information.”
d. Protection of your Information. YOUR LOGIN INFORMATION WILL PROVIDE ON-LINE ACCESS AT THIS SITE TO YOUR PROFILE AND ALL OF YOUR INFORMATION. A PERSON ACCESSING YOUR PROFILE MAY ACCESS, MODIFY OR DELETE SOME OR ALL OF YOUR INFORMATION. ACCORDINGLY, YOU SHOULD CAREFULLY SAFEGUARD YOUR LOGIN INFORMATION AND SHOULD NOT DISCLOSE IT TO ANY OTHER PERSON. We expressly disclaim any and all liability arising out of any access of your Information by any person, entity, or organization that you authorize to access your Information or to whom you provide your Login Information.
3. Other Offerings. The Other Offerings that are or may be available for use or purchase at this Site are for your personal use only. You may not advertise, sell or resell any Other Offerings that you purchase or otherwise receive from us or through this Site. If any of the Other Offerings are offered for sale at this Site, all prices are quoted in U.S. Dollars and are valid and effective only in the United States at the time of posting. We reserve the right, with or without notice, at any time to discontinue or change information, availability, and pricing of any Other Offering without incurring any obligations to you or any other party. We also reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole and absolute discretion, may result in a violation of these Terms of Service. We may post at this Site additional terms and policies relating to orders for Other Offerings placed through this Site (“Purchase Terms”), including without limitation, order processing, shipping and handling, and our refund policy. All such Purchase Terms are incorporated herein by this reference.
4. Your Obligations and Agreements. Notwithstanding any other provision of these Terms of Service, as a condition to your use of this Site, the Radio Service, any part of the Service, and/or any Content, you expressly acknowledge and agree that: (a) you are at least 18 years of age; (b) you will not use this Site, the Radio Service, any part of the Service, or any Content in violation of any applicable law or in any other manner that would conflict with, or be in violation of, these Terms of Service; (c) you will not reproduce, duplicate, copy, sell, trade, resell, rent, or exploit for any commercial purposes, the Radio Service or any portion of the Service; (d) all information you provide to us through this Site will be current, true and complete; (e) you will be financially responsible for all fees, charges, costs, and expenses relating to your purchase of Offerings through this Site and/or otherwise originating from your use of this Site or any part of the Service; and (f) if you provide any information that is incomplete, untrue, inaccurate, or not current, or we have reasonable grounds to suspect that such information is incomplete, untrue, inaccurate, or not current, we have the right to suspend or terminate your access to this Site, the Radio Service, or any part of the Service, without notice, and to refuse any and all current or future access to, or use of this Site, any part of the Service and/or the Radio Service.
5. Limited License to Radio Service. We grant you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, at-will license to access and use the Radio Service solely for your personal purposes. You expressly understand and agree that you are not acquiring, and will not acquire, any ownership rights in and to the Radio Service, or any of the software, technology content, and intellectual property associated with, used in connection with the operation, display or provision of, or incorporated within, the Radio Service (the “Radio Service Software”). The foregoing license is expressly subject to the provisions of these Terms of Service, and your compliance at all times with these Terms of Service, including without limitation, the following terms and restrictions:
a. you will access and use the Radio Service only in strict accordance with the terms and conditions of these Terms of Service and any terms or restrictions that may be posted or displayed on this Site from time to time.
b. you shall not copy or reproduce any part of the Radio Service or the Radio Software Service.
c. you shall not distribute, rent, lease, sell, sublicense or publicly display any portion of the Radio Service.
d. you shall not modify, adapt, recast or create derivative works of the Radio Service.
e. you shall not use the Radio Service for the commercial benefit of third parties, or in any other way other than for your own personal purposes.
f. you shall not modify, disassemble, decompile, reverse engineer, or otherwise attempt to derive the source code of any part of the Radio Service or any of the Radio Service Software.
g. you shall not use the Radio Service for commercial time-sharing, rental, or service bureau use, or train or allow third parties to use the Radio Service.
h. you shall not commit any act that restricts, prohibits, or inhibits any other person or entity, including any other visitor to this Site, from accessing and using the Radio Service.
i. you shall not attempt to access or use the Radio Service by any means other than through the interfaces or access mechanisms provided at this Site.
j. you shall not use any robot, spider or other automatic device, process or means to access or use the Radio Service.
k. you shall not use any robot, spider, program or other automatic or manual device, process or means to circumvent, avoid or defeat any security measures or systems utilized by us in connection with the Radio Service.
l. you shall not use any device, software or routine that interferes with the proper working of the Radio Service.
m. you shall not attempt to interfere with the proper working of the Radio Service.
n. you shall not take any action that imposes an unreasonable or disproportionately large load on our or our host vendor’s infrastructure.
Your failure to comply with any of the foregoing provisions shall constitute a material breach of your license to access and use the Radio Service.
6. Support. This Site may include general information relating to the use of the Radio Service and troubleshooting tips (e.g. FAQs). Except for such general information, we shall have no obligation to provide you with any instructions, support, guidance, training or maintenance relating to your use of the Radio Service. We may, but shall have no obligation to, provide you with enhancements, upgrades, and/or new versions of the Radio Service as the same are released by us from time to time. YOU ACKNOWLEDGE AND AGREE THAT THE MUSIC AND CONTENT THAT CAN BE ACCESSED USING THE RADIO SERVICE IS NOT PROVIDED BY US AND THAT WE HAVE NO CONTROL OVER SUCH MUSIC OR CONTENT OR THE MANNER IN WHICH IT IS STREAMED OR MADE AVAILABLE BY THE RADIO STATION OR WEBSITE OFFERING SUCH MUSIC OR CONTENT.
7. Confidentiality. The Radio Service, and all intellectual property rights associated therewith, or incorporated or embodied therein (including all Radio Service Software), together with any non-public information designated by us as Confidential Information, that you learn or discover while accessing and using the Radio Service constitutes proprietary confidential information owned solely by us or our business partners (collectively, “Confidential Information”). You agree that you will not, without our express prior written consent (a) use any Confidential Information other than to access and use the Radio Service as authorized by these Terms of Service; (b) disclose any Confidential Information to any third party; or (c) fail to use all commercially reasonable efforts to safeguard Confidential Information from unauthorized use, copying, or disclosure.
8. Restrictions on Use of Site and the Service. Your use of this Site and the Service is strictly and exclusively limited to personal use and is subject to our intellectual property and proprietary rights and those of third parties. In addition to the terms of Sections 4 and 5 above, you agree that you shall not:
a. except as expressly authorized in Section 9 below, reproduce, edit, modify, rent, license, sell, distribute, mirror, republish, download, print, transmit, or create derivative works from, any Content, in whole or in part, by any means now known or later developed, including without limitation, any listings of music content being played by Internet radio streaming services or radio station websites (“Listings”).
b. modify, decompile, or reverse engineer any part of the Service, the Radio Service Software, or any software, processes, or technology used in connection with the operation, display or provision of this Site or any part of the Service other than the Radio Service (the “Site Software”).
c. copy, post or transmit any Content to any server, or network of computers.
d. remove or modify any copyright or trademark notice, or other notice of ownership, displayed on, or affixed to, any Content.
e. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose a burden on or interfere with the normal functioning of this Site, the Service, or restrict the ability of other users to access or use this Site or the Service.
f. violate, misappropriate, or infringe the rights of any person or entity, including without limitation, any person or entity’s trademark, patent, copyright, trade secret, intellectual property, statutory, proprietary, privacy, publicity, or contractual rights, in connection with your use of this Site, the Service or any Content.
g. use this Site, the Service, or any Content in any manner that is unlawful, or harmful, abusive, threatening or harassing.
h. commit any act in violation of these Terms of Service or any applicable law.
9. Limited License to Content. We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of this Site and the Service. This limited license includes the right to print one copy of Content that is available on this Site, except for images or people and endorsements or testimonials displayed on this Site and Listings. To this end, we grant to you a personal, limited, non-exclusive, non-transferable, non-sublicensable, license to view, print, and make one copy, without alteration, of such Content for your private informational and educational purposes only, subject to the following terms and conditions: (a) you may not copy, reproduce or distribute any Listings; (b) you may only use Content in print format; (c) you may not make any commercial use of any Content; (d) all copyright, trademark or other proprietary notices that appear on Content must appear on all copies of Content that you make, and may not be removed by you or altered in any manner; and (e) you may not use any Content in any manner that suggests an association with us, the Radio Service, or any of our services or products.
10. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE:
A. YOUR USE OF THIS SITE, THE SERVICE, THE RADIO SERVICE, THE CONTENT AND ALL OTHER OFFERINGS IS AT YOUR RISK. THIS SITE, THE SERVICE, THE RADIO SERVICE AND ALL CONTENT PROVIDED ON, OR OTHER OFFERINGS ADVERTISED, PURCHASED OR RECEIVED THROUGH, THIS SITE ARE PROVIDED "AS IS," “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCUARCY AND EFFORT IS WITH YOU.
B. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE, THE SERVICE, THE RADIO SERVICE, ALL CONTENT, AND ALL PRODUCTS AND SERVICES PURCHASED OR RECEIVED THROUGH, THIS SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE.
C. WE DO NOT WARRANT OR GUARANTEE THAT: (I) ACCESS TO AND USE OF THIS SITE, THE SERVICE, THE RADIO SERVICE AND THE CONTENT PROVIDED ON OR THROUGH THIS SITE (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF, ANY OF THE FOREGOING) WILL BE UNINTERRUPTED, FREE OF VIRUSES, ERRORS, HARMFUL COMPONENTS, OR OTHERWISE RELIABLE; OR (II) ANY DEFECTS OR ERRORS WITH THE SITE, THE SERVICE OR THE RADIO SERVICE WILL BE CORRECTED PROMPTLY OR AT ALL. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE OPERABILITY, RELIABILITY, AND PERFORMANCE OF THIS SITE, THE RADIO SERVICE AND THE SERVICE.
D. WHILE WE WILL MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION AND CONTENT ON THIS SITE, YOU SHOULD NOT ASSUME THAT ANY CONTENT OR INFORMATION PROVIDED IS ALWAYS UP-TO-DATE, ACCURATE OR COMPLETE, OR THAT THIS SITE CONTAINS ALL OF THE RELEVANT INFORMATION AVAILABLE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR ASSURANCES AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF THIS SITE, OR OF ANY CONTENT, AND WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY RELATED THERETO. YOUR USE OF, AND RELIANCE UPON, ANY CONTENT IS AT YOUR SOLE RISK.
E. ALL THIRD PARTY SOFTWARE AND OTHER PRODUCTS OR SERVICES OF THIRD PARTIES THAT CAN BE PURCHASED, ACCESSED OR DOWNLOADED AT THIS SITE OR USING THE RADIO SERVICE ARE THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ALL THIRD PARTY SOFTWARE AND OTHER PRODUCTS OR SERVICES OF THIRD PARTIES THAT CAN BE PURCHASED, ACCESSED OR DOWNLOADED AT THIS SITE OR USING THE RADIO SERVICE, INCLUDING WITHOUT LIMITATION ALL MUSIC, CONTENT, SOFTWARE AND/OR SERVICES THAT CAN BE ACCESSED USING THE RADIO SERVICE. YOUR USE OF, AND RELIANCE UPON, ALL THIRD PARTY SOFTWARE AND OTHER PRODUCTS OR SERVICES OF THIRD PARTIES THAT CAN BE PURCHASED, ACCESSED OR DOWNLOADED AT THIS SITE OR USING THE RADIO SERVICE IS AT YOUR SOLE RISK.
11. Limitation of Liability. IN NO EVENT SHALL THE COMPANY, OR ANY OF ITS OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, AND BUSINESS PARTNERS (COLLECTIVELY, “COMPANY PARTIES”) BE LIABLE TO YOU FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND WHATSOEVER ARISING OUT OF, OR RELATING TO, DIRECTLY OR INDIRECTLY, (A) YOUR ACCESS, OR USE OF THIS SITE, THE RADIO SERVICE, ANY PART OF THE SERVICE, ANY THIRD PARTY SOFTWARE, OR ANY CONTENT; (B) THESE TERMS OF SERVICE; (C) THE DENIAL OR INTERRUPTION OF YOUR ACCESS TO THIS SITE, THE RADIO SERVICE AND/OR THE SERVICE, OR YOUR INABILITY TO ACCESS OR USE THIS SITE, THE RADIO SERVICE OR THE SERVICE; (D) ANY ACT OR OMISSION OF ANY THIRD PARTY USING THIS SITE, THE RADIO SERVICE OR ANY PART OF THE SERVICE; (E) THE TERMINATION OF YOUR RIGHT TO ACCESS THIS SITE, THE RADIO SERVICE OR ANY PART OF THE SERVICE, INCLUDING ANY UNAUTHORIZED ACCESS OR USE BY ANY THIRD PARTY OF ANY OF YOUR INFORMATION; (F) YOUR USE OF THE RADIO SERVICE AND ANY OTHER OFFERINGS; AND (G) ANY OTHER MATTER, CIRCUMSTANCE, ACT, OR OMISSION, RELATING TO THIS SITE, THE RADIO SERVICE, THE SERVICE, ANY CONTENT, OR ANY OFFERINGS. THE FOREGOING EXCLUSION APPLIES WITHOUT LIMITATION TO ALL LIABILITY FOR LOST PROFITS AND ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR RELIANCE DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE AND EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE OR IF YOU SEEK TO ASSERT ANY CLAIM AGAINST THE COMPANY OR ANY COMPANY PARTY ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE, OR YOUR ACCESS AND/OR USE OF THIS SITE, THE RADIO SERVICE, ANY PART OF THE SERVICE, OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE, THE RADIO SERVICE, THE SERVICE AND/OR THE CONTENT.
12. Indemnification. You herby agree to indemnify, defend, and hold the Company and all Company Parties harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) suffered or incurred by the Company or any Company Party in connection with any claim arising out of or relating to (a) any breach by you of these Terms of Service; and (b) your use of this Site, the Radio Service, the Service, any Third Party Software and/or any Content. You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim against you relating to this Site, the Radio Service, the Service, any Third Party Software and/or any Content. You agree that in the event of your actual or threatened violation of these Terms of Service and/or any unauthorized use of this Site, the Radio Service, the Service, or any Content by you, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.
13. Ownership. This Site, the Service, the Radio Service, the Radio Service Software, the Site Software and all Content are the sole and exclusive property of the Company, or are utilized and provided by the Company with the permission of the owner thereof. All intellectual property associated with, or incorporated within, this Site, the Service, the Radio Service and the Content, together with all intellectual property rights associated therewith (including the worldwide copyrights therein and all patent, trademark and trade secret rights and protections arising under applicable laws), and all proprietary rights therein are owned by the Company or the third party owners thereof. These Terms of Service do not grant to you, and you shall not acquire, any right, title, or interest in and to this Site, the Radio Service, the Service, the Radio Service Software, the Site Software, any Third Party Software, any Content, or any intellectual property or proprietary rights associated with any of the foregoing, except for the limited licenses thereto expressly granted in these Terms of Service.
14. Trademarks. All product names, marks, brands, design marks, slogans, logos, designs, trade dress and trade names appearing on this Site, and whether or not appearing in large print or with the trademark symbol, are trademarks of the Company, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted (the “Trademarks”). The Trademarks expressly include “Expo-Radio”, which is a trademark of the Company. You agree not to display, use, remove or alter any Trademarks without our prior written consent, which we may withhold or condition in our sole discretion. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right to you under any patent or trademark of the Company, or any third party. All use of Trademarks and associated goodwill shall inure to the benefit of the Company or the third-party owner thereof.
15. Links to Other Sites. From time to time, portions of this Site and the Radio Service may provide hyperlinks, framing or other click-thru access to websites owned and operated by persons and entities other than the Company, including websites and other sites operated by third parties whose content and music listings are displayed within the Listings (“Third-Party Sites”). We are providing these links only as a convenience to you. The availability of click-thru access to Third Party Sites is not intended to create or imply any affiliation between us and the owners or operators of any Third Party Site, or any sponsorship by us of any Third Party Site or its owners or operators. Consequently, we accept no responsibility for, and we expressly disclaim any warranties or liability relating to, the accuracy, relevancy, copyright compliance, legality, or decency of materials displayed on or contained in any Third Party Site. Your access and use of any Third Party Site is at your own risk. You acknowledge that these Terms of Service contains no representation, warranty, or endorsement by us of any Third Party Site or any of the products, services, information, or other content available on any Third Party Site. Your use of any Third Party Site will be governed by the terms and conditions posted on that Third Party Site, including any privacy policy posted on such Third-Party Site. Your rights and obligations with respect to any of the products, services, information, or other content available at any Third Party Site will be determined by the terms and conditions, if any, posted at any Third Party Site. We encourage you to review those terms and conditions and any privacy statements posted on any Third Party Site, or to contact the operator of the Third Party Site, prior to using or providing any information on such Third-Party Site.
16. Privacy Policy. Any use of personally identifiable information contained in electronic communications to this Site or provided by you while using this Site, the Radio Service and/or the Service is governed by our Privacy Policy. You acknowledge and agree that you have read and agree to the terms of our Privacy Policy, the terms of which are expressly incorporated herein. We shall not have any liability to you for any unauthorized access or use by any third party of any of your Information that you may provide or disclose via this Site, or while using this Site, the Radio Service or any part of the Service. You forever release the Company from any and all liability for any loss and damage suffered or incurred by you, or any person or entity on whose behalf you are acting, arising out of any unauthorized access or use by any third party of any of your Information that you provide or disclose via this Site, or while using this Site, the Radio Service or any part of the Service.
17. Termination of Use of Services. We shall have the right, in our sole discretion, to modify or terminate access and use of this Site, the Radio Service and the Service, without prior notice to you at any time with or without notice. We shall have no liability to you for any termination of your right to access or use this Site, the Radio Service or any part of the Service. Our right to terminate your access or use of this Site or the Service shall be in addition to all other rights and remedies available to us.
18. Notice and Procedure for Making Claims of Copyright Infringement. We are committed to respecting the intellectual property rights of other parties, and we ask you to do the same. Pursuant to Title 17, United States Code, Sections 512(c)(2) and (3), notifications of claimed copyright infringement for Content displayed, or available, on this Site should be sent to the Company’s Designated Agent using the “Contact Us” link displayed on the homepage of this Site. All such notifications should be clearly marked to the attention of our Copyright Officer and must comply with the provisions of Section 512(c)(2)(3) of the United States Copyright Act.
19. Governing Law, Jurisdiction; Venue. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to the conflict of laws principles of any jurisdiction. Without limiting the foregoing provision, the parties agree that any Uniform Computer Information Transactions Act (UCITA), including, but not limited to the Virginia UCITA, is expressly excluded from this Agreement and that any and all terms contained in UCITA shall have no force or effect on any portion of this Agreement. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Circuit Court of Greene County, Virginia and the United States District Court for the Western District of Virginia, Charlottesville Division with respect to all disputes arising out of or relating to these Terms of Service, your use of this Site, your use of the Radio Service, your use of any part of the Service, any Other Offerings or your purchase thereof, and/or your use of any Content.
20. Export Controls. Your use of this Site is subject to applicable United States export controls. You agree not to download, export, or re-export, directly or indirectly, any Content to any country to which the United States has embargoed goods, to any national or resident of any such country, to anyone on the United States Treasury Department’s list of Specially Designated Nationals, or to anyone on the United States Commerce Department’s Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any of the prohibited countries, and you are not identified on any of the lists, described in this Section 20.
21. General Provisions.
a. You may not assign, transfer, subcontract, or delegate any of your rights, duties, or obligations under these Terms of Service.
b. We reserve all rights relating to this Site, the Service, the Radio Service and the Content not expressly granted to you by these Terms of Service.
c. If any provision of these Terms of Service is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and will not affect the validity or enforceability of any of the remaining provisions of these Terms of Service.
d. No waiver by the Company of any provision hereof, and no failure by the Company to exercise any of its rights or remedies hereunder, will be deemed to constitute a waiver of such provision, right, or remedy in the future, or of any other provision, right, or remedy hereunder, unless such waiver is set forth in a written instrument signed by an authorized officer of the Company.
e. The headings used in these Terms of Service are for convenience only and will in no way affect the scope or construction of any provision hereof.
f. This Agreement and the Privacy Policy, as may be modified from time to time by us and accepted by you in accordance with the terms hereof and thereof, constitute the entire agreement between you and the Company with respect to your use of this Site, the Radio Service, the Service, and all Content.
g. You consent to receive Communications electronically from us via any e-mail address that you provide to us through the Site, while registering for the Radio Service, or while using the Service. “Communications” are any notices, records, agreements or other guidelines, policies, or information relating to these Terms of Service, this Site, the Radio Service, the Service, and Content, including any of the foregoing that we may be required to provide to you under any applicable law.
h. Except as expressly provided in these Terms of Service, there are no third-party beneficiaries of these Terms of Service.
22. Communications. Any communication, notices or information from you concerning these Terms of Service (including any information concerning violations of these Terms of Service), this Site, the Radio Service, the Service, any Other Offerings and/or any Content should be in writing and sent to us by e-mail using the “Contact Us” link at the homepage of this Site.