Terms of Service
TERMS OF USE | COPYRIGHT
Music X-Press Broadcasting Corporation of Northeast Ohio and WKKY-FM, Geneva, Ohio 44041, INTERNET WEBSITE TERMS OF USE, COPYRIGHT AND PRIVACY AGREEMENT
READ THIS AGREEMENT BEFORE ACCESSING THIS WEBSITE.
Effective Date: Agreement was last updated as of February 16, 2019.
This Agreement sets forth the standards of use of the Music X-Press Broadcasting Corporation of Northeast Ohio and WKKY-FM, Geneva, Ohio 44041 and their respective affiliates, successors and assigns (collectively “Provider”) online service (“Provider Website”). By using this Provider Website you (the “Member”) and all Participating Parties defined in Section 8 below agree to these terms and conditions. If Member does not agree to the terms and conditions of this Agreement, Member should immediately cease all usage of this Provider Website. Provider reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at Providers online service. Member’s continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Provider may, from time to time, provide Member with Provider Website, information, entertainment, social media links and Apps and internet radio station access, solely for personal non-commercial use, only and at times subject to Members full compliance with this Agreement. Other policies may govern Providers other Internet and non-Internet operations at Providers sole discretion. Members must provide (1) all equipment necessary for their own Internet connection, including computer and/or modem and/or cell phone, mobile device and/or laptop, tablet (“Member Device”) and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection. Certain products or services offered by this and/or other Provider Websites (each a “Provider Internet Service,” and collectively “Provider Internet Services”), and certain areas within this and/or other Provider Websites may be governed by additional terms and conditions (“Additional Terms”) presented in conjunction with those products or services. Member must agree to these Additional Terms before using those areas or Provider Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of a irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control. Any software that is made available to view and/or download in connection with a Provider’s Website (“Software”) is owned or controlled by Provider and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Member use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Provider accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
2. Account, Security, Passwords
If a particular Provider Website and/or Provider Internet Service requires Member to open an account, Member must complete the specified registration process by providing current, complete, and accurate information as requested by the applicable online registration form. It is Member’s responsibility to maintain the currency, completeness, and accuracy of Member’s registration data and any loss caused by Member’s failure to do so is Member’s responsibility. After Member has fully completed the registration form, Member may be asked to choose a password and a user name. It is entirely Member’s responsibility to maintain the confidentiality of Member’s password and account. Additionally, Member is entirely responsible for any and all activities that occur under Member’s account. Member agrees to notify Provider immediately of any unauthorized use of Member’s account. Provider is not responsible for any loss that Member may incur as a result of someone else using Member’s password or account, either with or without Member’s knowledge. Member may cancel Member’s account by delivering notice in the manner provided in the Additional Terms governing the particular Provider Website and/or Provider Internet Service.
3. Fees
Except where otherwise provided, access to and use of this Provider Website and/or the Provider Internet Services offered through Provider are currently available without charge. Provider reserves the right to charge a fee for access to or use of this Provider Website, or any Provider Internet Service available on this Provider Website at any time in the future. Member access to, or use of this Provider Website before such time, does not entitle Member to use of this Provider Website without charge in the future.
4. Disclaimer of Warranties.
The Provider Website and/or Provider Internet Services are provided by Provider on an “as is” and on an “as available” basis. Use of and reliance on, any advice or information obtained from or through this Provider Website and/or other Provider Internet Services is at users own risk to the fullest extent permitted by applicable law, Provider makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Provider Website and/or Provider Internet Services in terms of its correctness, accuracy, reliability, or otherwise. Provider shall have no liability for any interruptions, server errors, misdirected or redirected transmissions, virus, spam or malware or any other technical difficulties in the use of the Provider Website and/or Provider Internet Services. Provider disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
5. Limitation of Liability
PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR PROVIDER, SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR CONTENT, ERRORS OR OMISSIONS LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE PROVIDER WEBSITE OR PROVIDER INTERNET SERVICES OR THE INFORMATION CONTAINED IN THEM, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnification
Member and Participating Parties agrees to indemnify, defend and hold Provider, their parents, subsidiaries, affiliates, owners, members, officers, agents and employees, harmless from any claim or demand, liability, cost or expense including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s and Participating Parties use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
7. Modifications and Interruption to Service
Provider reserves the right to modify or discontinue the Service with or without notice to the Member. Provider shall not be liable to anyone should Provider exercise its right to modify or discontinue the Service. All users acknowledges and accepts that Provider does not guarantee continuous, uninterrupted or secure access to Provider’s Website and/or Provider Internet Services and operation may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
8. Third Party internet Services, Third-Party Sites, Third Party Merchants and Vendors (“Collectively Participating Parties”)
Our Provider Website and/or Provider Internet Services may include links to other sites on the Internet that are owned and operated by Participating Parties. Provider does not monitor or control the Participating Parties and makes no representations or warranties in regard to any of the linked, merchant, or Participating Parties sites. Member at all times agrees that any access to a Participating Parties site is at their own risk. Member acknowledges that Provider is not responsible for the availability of, or the content located on or through, any Participating Parties site. Member should contact the site administrator or webmaster for those Participating Parties sites if Member has any concerns regarding such links or the content located on such sites. Member’s use of those Participating Parties sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. Provider encourages all Members to review said privacy policies of Participating Parties sites. This Provider Website and/or other Provider Internet Services may enable Member to order and receive products, information and services from Participating Parties that are not owned or operated by Provider. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between Member and such businesses. Provider does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Provider will not be a party to or in any way responsible for monitoring any transaction between Member and Participating Parties providers of such products, services, or information, or for ensuring the confidentiality of Member credit card information. Any separate charges or obligations Member incurs in Member dealings with these Participating Parties are Member’s responsibility and are not part of the fee, if any, charged for the Provider Website and/or Provider Internet Service.
9. Disclaimer Regarding Accuracy of Participating Parties Information.
Product specifications and other information have either been provided by Participating Parties or collected from publicly available sources. While Provider makes every effort to ensure that the information on the Provider Website or Provider Internet Service is accurate, Provider makes no representations or warranties as to the accuracy or reliability of any information provided on this Provider Website and/or Provider Internet Services. Provider makes no warranties or representations whatsoever with regard to any product provided or offered by any Participating Parties, and Member acknowledges that any reliance on representations and warranties provided by any Participating Parties shall be at Member’s own risk. All Participating Parties providers and participating vendors shall hold harmless Providers and Providers Website and/or Providers of Internet Services from any claims of any kind whatsoever related to Participating Parties utilization of Provider, Providers Website’s and/or Providers of Internet Services.
10. Content, Monitoring and Modification/Termination by Provider
Provider has the right, but not the obligation at Provider’s sole discretion, to monitor and review the content on the Provider Website and/or Provider Internet Services and Member accounts to determine compliance with the conditions of use and operating rules established by Provider Website and/or Provider Internet Services, to satisfy any law, regulation or authorized government request, or for other reasonable purposes. If Provider Website and/or Provider Internet Services become aware of any use of the Provider Website and/or Provider Internet Services which may be considered inappropriate, it will respond accordingly, which response may include, but is not limited to, sharing the name and contact information of Members with law enforcement agencies. Member assumes all risk and liability with respect to use of the Provider Website and/or Provider Internet Services, including Member’s continued compliance with the this Agreement. By using the Provider Website and/or Provider Internet Services, Member irrevocably grants Provider Website and/or Provider Internet Services and their assigns a non-exclusive, perpetual, irrevocable, royalty-free license to: (i) copy, display, distribute, publish, and create derivative works from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate in other works in any form, media or technology now known or later developed, solely in connection with fulfilling its obligations in this Agreement, and (ii) to use and disclose the Content in aggregated form, including, but not limited to, analysis and extrapolation of the Content and the demographic trends resulting therefrom for marketing and other geo-targeting purposes; provided, however, that such use shall not personally identify Member. Provider reserves the right, in its sole discretion, to modify, suspend, or terminate this Provider Website and/or any portion thereof, including any Provider Internet Services, and/or Member account, password, or use of any Provider Internet Services, or any portion thereof, at any time for any reason with or without notice to Member. Termination of Member account for a Provider Website and/or Provider Internet Services removes Member authorization to use the Provider Website and/or Provider Internet Services. In the event of termination, Member will still be bound by Member’s obligations under this Agreement and any additional terms, including the warranties made by Member, and by the disclaimers and limitations of liability. Additionally, Provider shall not be liable to Member or any Participating Parties for any termination of Member access to a Provider Internet Service.
11. Interactive, Subscription, and or Premium Services
This Provider Website may offer certain Provider Internet Services having interactive, subscriber or Premium service components such as newsletters, bulletin boards, chat rooms and forums, for free or for additional charge which shall also be covered by the terms and conditions herein, or at providers sole discretion under their respective or collective Additional Terms or additional Terms of Use statements put forth by Provider and made a part hereof.
12. Contests/Sweepstakes
Additional Terms apply to all contests or sweepstakes conducted by this Provider, these Additional Terms can include qualification, exclusion, conduct, post contest or sweepstake participation. Refer to this site’s or Provider’s other specific and general internet and/or specific and/or general non-internet contest or sweepstakes Additional Terms. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control. Member acknowledges that all contesting broadcast on the audio stream of Provider is time shifted, delayed, and is different/modified from that of Providers terrestrial broadcast. Member shall hold Provider and Providers Website harmless from any and all claims related to time shifted, delayed or modified stream concerning contesting or other otherwise.
13. Adult Content/COPPA
Some parts of this Provider Website and/or Provider Internet Service may contain content interpreted to be intended for people who are at least 18 years old. By viewing this adult content, Member is representing that Member is at least 18 years old and that the content is acceptable to Member. Filtering software is commercially available which can be used to exclude content that is not acceptable to Member. This software may prevent the display of all or portions of the Provider Website content. Providers Website and/or Provider Internet Services do not knowingly collect, use or disclose personally identifiable information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records. Please refer to our Children’s Online Privacy Protection Act (“COPPA) link contained in Providers Website and/or Provider Internet Services.
14. Governing Law
Providers Website and/or Provider Internet Services are originated, operated and provided in the Commonwealth of Pennsylvania. As such, Provider is subject to its laws, and such laws will govern this Agreement, without giving effect to any choice of law rules. Provider makes no representation that our Provider Website or Provider Internet Services or other services are appropriate, legal or available for use in other locations. Accordingly, if Member chooses to access Provider Website and/or other Provider Internet Services Member agree to do so subject to the internal laws of the Commonwealth of Kentucky.
15. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. MEMBER MAY NOT USE OR ACCESS ANY PROVIDER WEBSITE AND/OR PROVIDER INTERNET SERVICE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. MEMBER ACCESS TO ANY PROVIDER WEBSITE AND/OR PROVIDER INTERNET SERVICE MAY BE TERMINATED IMMEDIATELY IN PROVIDER’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF MEMBER FAILs TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON
16. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of Provider and/or third parties protected by intellectual property rights. Any use of materials on the Provider Website and/or Provider internet Service, including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without express prior written permission of the President of Provider is strictly prohibited. Member agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy Provider web pages or the content contained therein without express prior written permission of the President of Provider. All content demarcated with a trademark or trade name, dba, aka, etc. (“Proprietary Marks”) are either Proprietary Marks of Provider or vendors or other respective Proprietary Marks owners (“Vendors”) of the Provider. Such Provider or Vendor Proprietary Marks may not be used in connection with any product or service that is not provided by Provider and/or its Vendors, in any manner that is likely to cause confusion among Members, customers, or in any manner that disparages or discredits Provider and/or its Vendors. Vendor Proprietary Marks are those of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors or other respective owners. In addition, such use of Proprietary Marks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with nor are they endorser by, Provider.
17. Botnets
Provider retains the right, at Provider’s sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Provider reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
18. Member Code of Conduct
In accessing and using Providers Website and/or Provider Internet Services Member agrees and acknowledges that they will not:
• Make any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws
governing trade secrets, rights to privacy, or publicity, or make or deliver any posting that Member does not have a right to make available under law or other contractual or fiduciary relationships.
• Make or post any unsolicited advertisement, promotional materials, junk email, bulk email, spam phishing schemes, chain letters, surveys or contests, or solicit participation in any pyramid schemes.
• Make any unlawful postings or provide links to or through this Providers Website and/or Provider Internet Services, which advocate illegal activity, and/or containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or, otherwise objectionable, or any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability, or make or provide links to, any postings containing defamatory, false or libelous material.
• Impersonate, disguise, manipulate or forge the identity of another person or entity or falsely state or otherwise misrepresent the origin of the posting or the Member’s affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
• Harvest or otherwise collect information about others, or maker any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or other identifying information.
• Use Providers Website and/or Provider Internet Services in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of Providers Website and/or Provider Internet Services or other Members’ devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
• Attempt to gain unauthorized access to Providers Website and/or Provider Internet Services, any related website, other accounts, computer system, or networks connected to this Providers Website and/or Provider Internet Services, through hacking, password mining, or any other means.
19. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Member agrees that this Agreement and any other agreements referenced herein may be assigned by Provider, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to Member participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in Providers Privacy Policy Statement below.
END OF AGREEMENT
