TERMS AND CONDITIONS OF USE
The terms and conditions of use set forth herein ("Terms") applies to the Internet Web site located at "http://www.IMRadio.com" (the "Web Site") and each and every Web site owned, operated, licensed, or controlled by IMRadio.com ("Company").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THIS WEB SITE.
By using this Web Site or any other Web site owned, operated, licensed, or controlled by Company, you, the Web site user ("User"), agree to be bound by these Terms. Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time and without notice. Please check these Terms periodically for changes. Continued use of this Web site or any other Company Web site following the posting of changes to these Terms shall mean you have read and accept such changes.
2. Description of Service
Company currently provides users with access to a collection of resources, including, various communications tools, forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for Company to provide the Service. You also understand and agree that the Service may include certain communications from Company, such as service announcements and administrative messages, and that these communications are considered part of the use of the Service and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties, shall be subject to these Terms. You understand and agree that the Service is provided "AS-IS" and that Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Member Account, Password & Security
You shall receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and shall not be liable for any loss or damage arising from your failure to comply with this Section #3.
4. Member Conduct
User understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that User, and not Company, is entirely responsible for all Content that User uploads, posts, emails, transmits or otherwise makes available via the Service. Company does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the Service, User may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Company 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, transmitted or otherwise made available via the Service.
User further agrees to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, 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 Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- falsify internet message headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available 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 Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another; or
- collect, store, use or disseminate personal data or information about other Users in any manner whatsoever including but not limited to solicitation of products or services by mail, telephone or e-mail (e.g. e-mail addresses).
User further acknowledges that Company does not pre-screen Content, but that Company and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Company and its designees shall have the right to remove any Content that violates these Terms or is otherwise objectionable. User agrees that User must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, User acknowledges that one may not rely on any Content created by Company or submitted to Company, including without limitation information in Message Boards, chat areas, and in all other parts of the Service.
User understands that the technical processing and transmission of the Service, including User Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. Forums and Other Public Communication
"Forum" shall mean a discussion group, chat area, bulletin board, or e-mail function offered as part of the Web Site. User shall not upload to, distribute through, or otherwise publish through a Forum any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
Except with respect to audio, visual or textual works uploaded pursuant to the Publishing Agreement, by uploading materials to any Forum or submitting any materials to Company, you automatically grant (or warrant that the owner of such rights has expressly granted) Company 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.
It is the policy of Company to respect the privacy of all Web Site users. Therefore, in addition to the privacy of registration data, Company shall not monitor, edit, or disclose the contents of a guest's e-mail unless required in the course of normal maintenance of the Web Site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Company; (2) protect and defend the rights or property of Company; or (3) act in an emergency to protect the personal safety of our users or the public. Users shall remain solely responsible for the content of their messages. Company does not currently make User data available to third parties for marketing purposes.
User shall indemnify and hold Company harmless from and against any and all liabilities, claims, costs, assessments, fees or expenses of any kind, including without limitation defense costs and attorneys' fees arising from or related in any way to (i) Content provided by User; (ii) any claim which, if proved, would breach any representation of User; and (iii) any and all Third Party Claims arising out of any content submitted by User or transmitted through this Web Site by User.
These Terms are effective as of the first date materials from the Web Site are accessed by User (the "Effective Date") and shall continue in effect until terminated by either party. User may terminate the agreement formed by these Terms at any time by destroying all materials obtained from the Web Site and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. These Terms and User's right to access the Web Site and the Service will terminate immediately without notice from Company if in Company's sole discretion User fails to comply with any term or provision of these Terms. Upon termination, User shall destroy all materials obtained from the Web Site and all copies thereof, whether made under the terms of these Terms or otherwise.
Company may, at its sole discretion, and at any time, discontinue providing the Web Site, or any part thereof, with or without notice. User agrees that any termination of its access to the Web Site under any provision of these Terms may be effected without prior notice. User acknowledges and agrees that Company may immediately deactivate or delete User's account and all related information and files in User's account. Further, User agrees that Company shall not be liable to User or to any third party for any termination of User's access to this Web Site.
Unless otherwise specified, the materials in this Web Site are presented solely for the purpose of promoting publications and other products available in the United States, its territories, possessions, and protectorates. The Web Site is controlled and operated by Company from its offices within the State of Illinois, United States of America. Company makes no representation that materials in this Web Site or any other Company Web site are appropriate or available for use in other locations. Those who choose to access this Web Site or any other Company Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
THE MATERIALS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR ANY OTHER COMPANY WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE OR ANY OTHER COMPANY WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. USER (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE OR ANY OTHER COMPANY WEB SITE, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY'S 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 USER, IF ANY, FOR ACCESSING THIS OR ANY OTHER COMPANY WEB SITE(S).
12. Links to Outside Web Sites and Services
To the extent that this Web Site contains links to outside services and resources, Company does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
13. No Resale of Service
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
," the IMRadioTM
logo, trademarks and service marks and other logos and product and service names are trademarks of Local Superstore, Inc. (the "Local Superstore Marks"). Without Company's prior permission, User agrees not to display or use in any manner, the Local Superstore Marks.
15. Copyrights & Copyright Agent
Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company'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 or other intellectual property interest;
- a description of the copyrighted work or other intellectual property 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Company's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
David M. Adler, Esq. & Assoc. PC
Two North LaSalle Street, Suite 1600
Chicago, Illinois, 60602
By email: copyright@IMRadio.com
16. Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois. User agrees that any action at law or in equity arising out of or relating to these Terms shall be litigated only in the state or federal courts located in Cook County, Illinois and User hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.