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Terms of Service
AGREEMENT
BETWEEN USER AND WWUS 104.1FM "US-1 Radio" - The Florida
Keys Radio Station
The WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station
Web Site is comprised of various Web pages operated by WWUS
104.1FM "US-1 Radio" - The Florida Keys Radio Station.
The WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station Web Site is
offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the WWUS 104.1FM "US-1
Radio" - The Florida Keys Radio Station Web Site constitutes your agreement
to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station reserves the right
to change the terms, conditions, and notices under which the WWUS 104.1FM "US-1
Radio" - The Florida Keys Radio Station Web Site is offered, including but
not limited to the charges associated with the use of the WWUS 104.1FM "US-1
Radio" - The Florida Keys Radio Station Web Site.
LINKS TO THIRD PARTY SITES
The WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites are not
under the control of WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station
and WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. WWUS
104.1FM "US-1 Radio" - The Florida Keys Radio Station is not responsible for
webcasting or any other form of transmission received from any Linked Site.
WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio
Station of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the WWUS 104.1FM "US-1 Radio" - The Florida Keys
Radio Station Web Site, you warrant to WWUS 104.1FM "US-1 Radio" - The Florida
Keys Radio Station that you will not use the WWUS 104.1FM "US-1 Radio" - The
Florida Keys Radio Station Web Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the WWUS 104.1FM "US-1
Radio" - The Florida Keys Radio Station Web Site in any manner which could
damage, disable, overburden, or impair the WWUS 104.1FM "US-1 Radio" - The
Florida Keys Radio Station Web Site or interfere with any other party's use
and enjoyment of the WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station
Web Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through
the WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station Web Sites.
USE OF COMMUNICATION SERVICES
The WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station Web Site may
contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are
proper and related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication Service,
you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information.
- Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or
control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally distributed in such
manner.
- Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station has no obligation
to monitor the Communication Services. However, WWUS 104.1FM "US-1 Radio" -
The Florida Keys Radio Station reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion.
WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station reserves the right
to terminate your access to any or all of the Communication Services at any
time without notice for any reason whatsoever.
WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station reserves the right
at all times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part, in
WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. WWUS 104.1FM "US-1
Radio" - The Florida Keys Radio Station does not control or endorse the content,
messages or information found in any Communication Service and, therefore,
WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station specifically disclaims
any liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are
not authorized WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station spokespersons,
and their views do not necessarily reflect those of WWUS 104.1FM "US-1 Radio" -
The Florida Keys Radio Station.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering
to such limitations if you download the materials.
MATERIALS PROVIDED TO WWUS 104.1FM "US-1 Radio" - The
Florida Keys Radio Station OR POSTED AT ANY WWUS 104.1FM "US-1 Radio" - The
Florida Keys Radio Station WEB SITE
WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station does not claim ownership
of the materials you provide to WWUS 104.1FM "US-1 Radio" - The Florida Keys
Radio Station (including feedback and suggestions) or post, upload, input or
submit to any WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station Web
Site or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting
WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station, its affiliated
companies and necessary sublicensees permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station
is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in WWUS 104.1FM "US-1 Radio" - The Florida
Keys Radio Station's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit
the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station WEB
SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. WWUS 104.1FM "US-1 Radio" - The Florida Keys
Radio Station AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station WEB SITE AT
ANY TIME. ADVICE RECEIVED VIA THE WWUS 104.1FM "US-1 Radio" - The Florida Keys
Radio Station WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WWUS 104.1FM "US-1
Radio" - The Florida Keys Radio Station AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WWUS 104.1FM "US-1
Radio" - The Florida Keys Radio Station AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WWUS 104.1FM "US-1 Radio" -
The Florida Keys Radio Station WEB SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WWUS 104.1FM "US-1 Radio" -
The Florida Keys Radio Station WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WWUS 104.1FM "US-1
Radio" - The Florida Keys Radio Station WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WWUS 104.1FM "US-1
Radio" - The Florida Keys Radio Station WEB SITE.
SERVICE CONTACT : us1radio@us1radio.com
TERMINATION/ACCESS RESTRICTION
WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station reserves the right,
in its sole discretion, to terminate your access to the WWUS 104.1FM "US-1
Radio" - The Florida Keys Radio Station Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts
in King County, Washington, U.S.A. in all disputes arising out of or relating
to the use of the WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station
Web Site. Use of the WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station
Web Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and WWUS 104.1FM "US-1 Radio" - The Florida
Keys Radio Station as a result of this agreement or use of the WWUS 104.1FM "US-1
Radio" - The Florida Keys Radio Station Web Site. WWUS 104.1FM "US-1 Radio" -
The Florida Keys Radio Station's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is
in derogation of WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station's
right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio
Station Web Site or information provided to or gathered by WWUS 104.1FM "US-1
Radio" - The Florida Keys Radio Station with respect to such use. If any part
of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, 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 the remainder of the agreement
shall continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and WWUS 104.1FM "US-1 Radio" -
The Florida Keys Radio Station with respect to the WWUS 104.1FM "US-1 Radio" -
The Florida Keys Radio Station Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between
the user and WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station with
respect to the WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station Web
Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the WWUS 104.1FM "US-1 Radio" - The Florida Keys Radio Station
Web Site are: Copyright 2006-2007 Vox Communications: The Florida Keys and/or
its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure
for Making Claims of Copyright Infringement.
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