Terms of Service
When using the RadioStations.com website, and all websites within the
RadioStations.com (the “Website”), you agree to the following terms and
conditions (the “Terms of Use”). You can always check out the most current
version of these Terms of Use at this page. If you do not agree to these Terms
of Use please do not use the Website and do not register to be a member. We
reserve the right, at our discretion, to change, modify, add, or remove portions
of these Terms of Use at any time. Please check these terms periodically for
changes. Your continued use of the Website following the posting of changes to
these terms (including RadioStations.com’s Forum Guidelines) will mean you
accept those changes.
Website Privacy Policy
The Website collects, stores and
uses data collected from you in accordance with the our Privacy Policy.
Community Standards and Conduct
You acknowledge that all
Content, whether publicly posted or privately transmitted, is the sole
responsibility of the person from which such Content originated. This means that
you are entirely responsible for all Content that you post, email or otherwise
transmit via the Website Service. RadioStations.com does not control all of the
Content posted via the Website Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the
Website Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will RadioStations.com be liable in any
way for any Content, including, but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed or otherwise transmitted via the Website.
You agree to not use the Website to: upload, post, email or otherwise transmit
any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy,
hateful, or racially, ethnically or otherwise objectionable; harm minors in any
way; impersonate any person or entity, including, but not limited to, a
RadioStations.com official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity; forge headers
or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service; upload, post, or otherwise transmit any
Content that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); upload, post, or otherwise
transmit any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party; upload, post, or otherwise
transmit any unsolicited or unauthorized advertising, promotional materials,
“junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of
solicitation, except in those areas that are designated for such purpose;
upload, post, or otherwise transmit any material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment; disrupt the normal flow of dialogue, cause a
screen to “scroll” faster than other users of the Website Service or an Website
Forum are able to type, or otherwise act in a manner that negatively affects
other users’ ability to engage in meaningful exchanges; interfere with or
disrupt the Website Service or servers or networks connected to the Website
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Website Service; intentionally or unintentionally
violate any applicable local, state, national or international law; “stalk” or
otherwise harass another member or user of the Website Service; or collect or
store personal data about other users or members. A “Forum” refers to any chat
area, bulletin board, “instant messaging” or virtual community offered as part
of the Website Service.
All Website Forum communications are public and not private communications.
You shall remain solely responsible for the content of your messages. Although
RadioStations.com reserves the right to remove without notice any Forum posting
for any reason, we have no obligation to delete content that you may find
objectionable or offensive. By uploading materials to any Forum or submitting
any materials to us, you automatically grant (or warrant that the owner of such
materials has expressly granted) us a perpetual, royalty-free, irrevocable, non-
exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now known or
later developed throughout the universe. In addition, you warrant that all
so-called “moral rights” in those materials have been waived.
Your privilege
to use the Website Forums and contribute to discussions on the Website Forums
depends on your compliance with the member conduct guidelines set forth above.
RadioStations.com may revoke your registration privileges and/or take any other
appropriate measures to enforce these guidelines if violations are brought to
our attention. Further, RadioStations.com, in its sole discretion, may terminate
your membership or participation in any community, chat room or other Forum for
any reason.
RadioStations.com reserves the right to monitor some, all, or no areas of
Website Forums for adherence to these or other rules that may be published from
time to time. You acknowledge that by providing you with the ability to
distribute your content, RadioStations.com is acting as a passive conduit for
such distribution and RadioStations.com is not undertaking any obligation or
liability relating to any content or activities on the Web Site or in any Forum
or Forum area.
Submissions
By posting or submitting content to
Websites, you grant RadioStations.com and its affiliates and licensees the right
to use, reproduce, display, perform, adapt, modify, distribute, have
distributed, and promote the content in any form, anywhere and for any purpose;
and warrant and represent that you own or otherwise control all of the rights to
the content and that public posting and use of your content by RadioStations.com
will not infringe or violate the rights of any third party.
If you send
RadioStations.com or its Websites scripts, creative suggestions, ideas, notes,
drawings, or other information (collectively, the “Submissions”), the
Submissions shall be deemed, and shall remain, the property of
RadioStations.com. None of the Submissions shall be subject to any obligation of
confidence on the part of RadioStations.com, and RadioStations.com shall not be
liable for any use or disclosure of any Submissions. Without limitation of the
foregoing, RadioStations.com shall exclusively own all now known or hereafter
existing rights to the Submissions of every kind and nature throughout the
universe and shall be entitled to unrestricted use of the Submissions for any
purpose whatsoever, commercial or otherwise, without compensation to the
provider of the Submissions.
Links
The Website Service may provide, or third parties
may provide, links to other World Wide Web sites or resources. Because
RadioStations.com has no control over such sites and resources, you acknowledge
and agree that RadioStations.com is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that
RadioStations.com shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on or
through any such site or resource.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT RADIOSTATIONS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF RADIOSTATIONS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
RADIOSTATIONS.COM SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
WEBSITE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
WEBSITE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE SERVICE. IN NO
EVENT SHALL RADIOSTATIONS.COMS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR
MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU
ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR
ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RADIOSTATIONS.COM AND
ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL
THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED
TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE WEBSITE SERVICE, YOUR VIOLATION
OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF
YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR
ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY RADIOSTATIONS.COM OF ANY UNAUTHORIZED
USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and Modification
You agree that
RadioStations.com, in its sole discretion, may terminate your password, account
(or any part thereof) or use of the Website Service, and remove and discard any
Content within the Website Service, for any or no reason. RadioStations.com may
also in its sole discretion and at any time discontinue providing the Website
Service, or any part thereof, with or without notice. You agree that any
termination of your access to the Website Service under any provision of this
Terms of Use may be effected without prior notice, and acknowledge and agree
that Website may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such
files or the Website Service. Further, you agree that Website shall not be
liable to you or any third-party for any termination of your access to the
Website Service.
Governing Law and Other Miscellaneous Terms
The validity and effect of these Terms and Conditions shall be governed by
and construed and enforced in accordance with the laws of the State of
Tennessee, without regard to its conflicts of laws principles. The parties
expressly disclaim application of the United Nations Convention on Contracts for
the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE
WEBSITE SERVICE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER
POLICY OR PROCEDURE OF RADIOSTATIONS.COM, MUST BE BROUGHT IN A COURT OF
COMPETENT JURISDICTION IN SHELBY COUNTY, TENNESSEE (OR THE APPRPRIATE FEDERAL
COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF
SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT,
ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE
LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR
THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS
BEEN BROUGHT IN AN INCONVENIENT FORUM.
COPYRIGHT AND COPYRIGHT NOTICES
RadioStations.com respects the intellectual property of others, and we ask
our users to do the same. RadioStations.com may, in appropriate circumstances
and at its discretion, terminate the accounts of users who infringe the
intellectual property rights of others. If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide
RadioStations.com’s Copyright Agent the following information:
• An
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
• A description of the copyrighted work
that you claim has been infringed;
• A description of where the material
that you claim is infringing is located on the site;
• Your address,
telephone number, and email address;
• A statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law;
• A statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner’s behalf.
Please contact RadioStations.com’s Copyright Agent for Notice of claims of
copyright infringement at: copyright@radiostations.com
