This Terms of Use Agreement is dated June 09, 2008
and is effective immediately.
The following links have been inserted for your convenience to help you
find key points in the policy. If, for some reason, they aren't working
for you, please scroll down. Thanks!
1.
ELIGIBILITY AND ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to play.it (the "Site," "us" "our" or "we"),
the official website for the play.it online radio service.
This Site is owned and operated by CBS Radio Inc., a Delaware
corporation ("Owner and Operator" or "CBS Radio").
The words "use" or "using" in this Agreement, means any time an individual
or entity (a "user"), directly or indirectly, with or without the aid of
a machine or device, does or attempts to access, interact with, use, display,
view, print or copy from the Site, transmit, receive or exchange data or
communicate with the Site, or in any way utilizes, benefits, takes advantage
of or interacts with any function, service or feature of the Site, for
any purpose whatsoever. The terms "you," "your" and "user" as used in this
Agreement refer to all individuals or entities accessing this Site for
any purpose whatsoever.
If you do not submit Personal
Information to the Site, such as an email address, you
understand that you enter into a new binding agreement
with the TOU that is posted on the Site each and every
time you visit the Site. If you submit your Personal Information
on the Site, you understand, acknowledge and agree that
you are subject to the Agreement in effect at the time
you submit your Personal Information subject to any future
modifications as specified below in the "Changes to this
Agreement" section.
Unless specified otherwise on the Site, users must be at least 18 years
of age and a legal resident of the United States before participating in
any contest, sweepstakes or interactive activities. By participating in
our Site activities, you certify that you are at least 18 years of age
and meet any other eligibility and residency requirements of the Site.
This page states the terms and conditions forming the agreement under which
you may use this Site. Please read this page carefully. If
you do not accept this Terms of Use Agreement ("Agreement"), please do
not use this Site. By using this Site, you
understand, acknowledge and agree that you will abide by the terms of this
Agreement and any additional terms that govern certain products and services,
which will be presented in conjunction with those products and services
("Additional Terms"). The Site provides rules of participation ("Rules")
for certain activities and services including but not limited to loyal
listener/user clubs, awards programs, contests, sweepstakes, and email
services. The Site's Additional Terms, Privacy
Policy, and the Rules are hereby incorporated in this Agreement by
reference. To the extent that there is a conflict between this Agreement
and Additional Terms for the activity in which you choose to participate,
the Additional Terms shall govern. To the extent that there is a conflict
between this Agreement and the specific Rules for the activity in which
you choose to participate, this Agreement shall govern. This Agreement
will remain in full force and effect as long as you are a user of the Site
and in the event of termination of any membership, service or feature,
you will still be bound by your obligations under this Agreement, any Additional
Terms, or Rules, including any indemnifications, warranties, and limitations
of liability.
2. CHANGES
TO THIS AGREEMENT
The Owner and Operator may revise this Agreement at any time by updating
this posting without advance notice to you. If you are a registered user
or member of the Site, we will notify you via email of material changes.
(You are responsible for keeping your email address up to date.) We will
also post a notice on the homepage of this Site notifying all users of
any other revisions to this Agreement. Such revisions are effective to
you as a user of this Site immediately upon posting and notification to
you. Your continued use of this Site upon posting and notification will
indicate that you have affirmatively agreed to any such changes. You should
visit this Site periodically to review the terms of this Agreement as it
is a binding agreement between you and the Owner and Operator of this Site.
Back to Top
3.
COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS
The contents of this Site, excluding user generated content but including
all software, design, logos, graphics, artwork, images, photographs, audio
clips, video clips, and other material, including the selection and arrangements
thereof, copyrights, trademarks, service marks and trade names (the "Material"),
are owned or under the control of CBS Radio, its subsidiaries, affiliates,
assigns, licensors, the Site's design, hosting, programming and contest
management/prize fulfillment vendors (collectively "operational service
providers") and/or the Site's advertisers, sponsors, and promotional partners
(collectively "Advertisers"). The Material is protected, without limitation,
pursuant to United States and foreign copyright, trademark and other applicable
laws and treaties. Unauthorized use of the Material may violate such laws
and treaties.
You understand, acknowledge and agree that the Site hereby grants you a
limited personal, non-exclusive, non-commercial, non-assignable and non-transferable
license that authorizes you to use and display the Material, provided that
you retain all copyright, trademark and other proprietary notices contained
in the original Material on any copy you may make of the Material. You
further agree that you will not, in whole or in part, sell, lease, rent,
exchange, reproduce, archive, modify, create derivative works from, publish
by hard copy or electronic means, publicly perform, display, disseminate,
distribute, broadcast, retransmit, or circulate to any third party or on
any third party website, or otherwise use the Material in any way for any
public or commercial purpose without the express written approval of CBS
Radio. Without the express written approval of CBS Radio, you also agree
not to reproduce, display or use in any manner, the Site's or Advertisers'
trademarks, including without limitation, CBS RADIO and and any streaming
radio station or channel names and call letters, domain names, logos, slogans,
and contest and program names or logos. The use of the Material on any
other website or in a networked computer environment for any purpose is
prohibited.
You are authorized to download and view a single copy of the Material on
the Site solely for your personal, noncommercial use provided that you
shall not, nor will you allow any third party (whether or not for your
benefit) to copy, adapt the object code of the Site's software, HTML, JavaScript,
or otherwise, or reverse engineer, decompile, reverse assemble, modify
or attempt to discover any source code that the Site creates to generate
its pages on the Site. CBS Radio may make the play.it version of the Site
available for embedding on your own or a third party website provided you
comply with any express Additional Terms set forth therein.
Accessing, viewing, or downloading the Materials may not be lawful by certain
persons or in certain countries. If you access the Site from outside of
the United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. You also understand, acknowledge and
agree that downloading of any object code or software by website users
in restricted countries is prohibited.
Notwithstanding any statement to the contrary in this Agreement, you will
not use or attempt to use, and shall cause each other party under your
control not to use or attempt to use, any engine, software, tool, agent
or other device or mechanism (including, without limitation, browsers,
spiders, avatars or intelligent agents) to navigate or search the Site
other than (a) the search engine and search agents available from the Site
and (b) generally available third party web browsers (e.g., Microsoft Internet
Explorer or Mozilla Firefox).
Back to Top
4. COPYRIGHT
INFRINGEMENT NOTIFICATION PROCESS
As stated above, we prohibit the posting of any information that violates
or infringes the copyright rights of any person or entity. If you believe
that your work has been copied and is accessible on this Site in a way
that constitutes copyright infringement, you must provide our DMCA Copyright
Agent with a written notification. To be effective, the notification must
contain the following information in accordance with the Digital Millennium
Copyright Act:
•
An electronic or physical signature
of the copyright owner or someone authorized on the owner's
behalf to assert infringement of copyright and to submit
the notification.
•
Identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted
works at this Site are covered by a single notification,
a representative list of such works at this Site.
•
Identification of material claimed
to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate
the material.
•
Information reasonably sufficient
to permit us to contact the complaining party, such as the
party's name, address and daytime telephone number, and an
e-mail address, if available.
•
A statement that the complaining party
has a good faith belief that the use of the infringing copyrighted
work is not authorized by the copyright owner, its agent,
or the law.
•
A statement that the information
in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf
of the owner of an exclusive copyright right that is allegedly
infringed.
•
This Site's DMCA Copyright Agent for receiving
claims of copyright infringement is:
S.
Jenell Trigg, Esq.
DMCA Copyright Agent
CBS Radio Inc.
c/o Leventhal Senter & Lerman PLLC
2000 K Street, NW, Suite 600
Washington, DC 20006-1809
202-429-8970 (Phone)
202-293-7783 (Fax)
email: CBSRadioDMCAAgent@lsl-law.com
The above address is intended only for notifications
and any related correspondence regarding claims of copyright
infringement on this Site. Correspondence pertaining to
other matters will not receive a response if sent to the
above contact information.
We will remove or disable access to
any posted submission for which we have received a notice
of claimed copyright infringement (or, more specifically,
any notification in substantial conformance with the Digital
Millennium Copyright Act, 17 U.S.C. § 512(c)(3)). United
States law provides significant penalties for submitting
a false or fraudulent claim of copyright infringement.
We will also terminate the membership or use of any repeat
infringer.
Back to Top
5. USER CONDUCT
This Site may provide users with the opportunity
to submit, post and/or exchange information, data, text,
software, music, photographs, graphics or artwork, video,
audio, messages or other materials ("Postings"), whether
publicly posted or privately transmitted. You understand,
acknowledge and agree that such Postings are the sole responsibility
of the person from which such Postings originated. This means
that you, the user, and not this Site, are entirely responsible
for the consequences of all Postings that you upload, post,
email, transmit or otherwise make available via the Site.
Users may not: 1) post material that is copyrighted, unless
you are the copyright owner or have the permission of the
copyright owner to post it; 2) post material that reveals
trade secrets, unless you own them or have the permission
of the owner to do so; 3) post material that infringes on
any other intellectual property rights of others or on the
privacy or publicity rights of others; 4) post material that
is considered by the Site, in its sole judgment, to be obscene,
indecent, defamatory, threatening, harassing, tortious, abusive,
hateful, embarrassing or harmful to another user or any other
person or entity; 5) post a sexually-explicit image or statement;
6) post advertisements or solicitations of business; 7) post
chain letters or pyramid schemes; or 8) post any incomplete,
false, fraudulent or inaccurate biographical information
or general information which is not your own information,
or impersonate another person.
The Site does not represent or guarantee the truthfulness, accuracy, timeliness
or reliability of Postings by users and does not endorse any opinions,
which may be expressed by any user. You further agree that any reliance
on such Postings by other users will be at your own risk. We do not regularly
review, screen or monitor the Site and we assume no obligation to do so
and will not be liable or responsible to any user for performance or nonperformance
of such material. If notified by a user of any Posting or communication
which allegedly does not conform to this Agreement, we may, in our sole
discretion, investigate the allegation and may thereafter determine, in
our sole discretion, whether or not to remove or request the removal of
the material. You understand, acknowledge and agree that we reserve the
right to expel users and prevent their further access to the Site for violating
this Agreement or any applicable law, and may remove communications which
are considered to be, in our sole judgment, unlawful, harmful, threatening,
abusive, obscene, indecent, libelous, disruptive, hateful, infringing,
or racially, ethnically or otherwise objectionable, and that by Posting
on this Site, the use and exploitation of the Posting may subject you to
risk of notoriety, publicity, ridicule, scorn and/or indignity.
You also grant the Site, its Owner and Operator, parent company(s), Affiliates,
successors and assigns, the royalty-free, worldwide, perpetual, irrevocable,
non-exclusive right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, retransmit, translate, create derivative works
from, distribute, communicate to the public, publicly perform or display
such content (in whole or in part), and/or to incorporate it in other works
in any form, media, or technology now known or later developed, for so
long as any rights exist in such content. You also warrant that the holder
of any rights, including moral rights in such content, has completely and
effectively waived all such rights and validly and irrevocably granted
to you the right to grant the license set forth in this agreement. You
also permit any other user to access, display, view, store and reproduce
such content for such user's personal use. Subject to all of the foregoing,
the owner of such content placed on the Site retains any and all rights
that may exist in such content.
Back to Top
6. EMAIL
Email is an important communications channel for
the Site and the Station. All email sent to us should be generated
by the person in whose name the email account is registered. Email
users shall not mask their identity by using a false name or another
person's name or account. We will use your email address and the content
of any email for administrative and correspondence purposes and to
send you information that you may request. We are also required under
Federal law to keep and disclose to the general public certain email
that addresses the Station's programming and operations. Please see
our Privacy Policy for details.
Any non-personal content you provide to the Site by email, including, but
not limited to, feedback, data, answers, questions, comments, suggestions,
plans, ideas or the like, shall be deemed to be non confidential and we
assume no obligation to protect such information from disclosure. You understand,
acknowledge, and agree that the submission of such information shall in
no way prevent the purchase, manufacture or use of similar products, services,
plans and ideas by the Station, this Site and corporate affiliates, for
any purpose whatever, and we shall be free to reproduce, use, disclose
and distribute such content without restriction.
Back to Top
7.
CONTESTS, SWEEPSTAKES AND OTHER MEMBERSHIP ACTIVITIES
To participate in various Site activities, users
must complete a registration process and may receive/select a "user
name" and password. You understand, acknowledge and agree that you
are responsible for maintaining the confidentiality of your Personal
Information and Sensitive Personal Information defined in the Privacy
Policy and the user name and password received upon registration
on the Site. You will be fully responsible for all uses of your registration
and for any activity that occurs under your password or account, whether
or not authorized by you. You further agree to immediately notify the
Site of any unauthorized use of your registration and/or password.
Back to Top
8.
CHAT ROOMS, MESSAGE BOARDS AND OTHER PUBLIC AREAS
By use of or registration for any Site activity such as message boards,
chat rooms and other public forums (collectively "Public Areas"), you understand,
acknowledge, and agree that you are automatically subject to the following
rules of conduct and the Site's Privacy Policy.
You further agree that we reserve the right, at our sole discretion, to
terminate your membership or registration at any time, delete any or all
of your postings, block access to your membership file or profile(s) and/or
reject participation in any other activity or service provided to you by
the Site. We also reserve the right to take such actions, with or without
notice, and without any liability to the account holder and user.
As an entertainment service to our users, this Site may provide Public
Areas that enable users to interact with other users, Site employees, staff
and talent, and share commentary on a variety of subjects. A variety of
subjects may be discussed via the Public Areas, however, use of such areas
may only be for lawful and non-commercial purposes. The Site specifically
prohibits certain uses and activities. You understand, acknowledge, and
agree that by access or registration on Public Areas or any interactive
area of the Site, you are prohibited from use of the Site for any of the
purposes below in addition to the conduct listed in the User Conduct section
of this Agreement:
•
Posting a profile for anything other
than to participate in online discussion via the Public Area.
•
Sending a message to a user for any
reason other than to participate in online discussions.
•
Deleting or revising any content or
material posted by any other person or entity.
•
Forging any TCP/IP packet header or
any part of the header information in any email or newsgroup
posting for
any reason.
Back to Top
9. ADVERTISING AND OTHER THIRD
PARTY CONTENT
This Site provides banner and general advertising, and other content provided
by our Advertisers. You understand, acknowledge, and agree that such third
party content on this Site is not an endorsement by the Station of the
goods, services or messages conveyed in the content or the business practices
(including the privacy policies) of such third party content providers.
Users may from time to time enter into correspondence with or participation
in the advertising or promotions offered through the Site. However, all
such correspondence, including, without limitations, any resulting contractual
agreements are solely between the Advertiser and the user. You further
agree that the Site is not responsible for enforcing any terms, conditions,
representations and warranties made by Advertisers or other third parties
in connection with an agreement between such Advertiser and users of this
Site, or the purchase of goods and services offered by Advertisers or other
third parties.
Back to Top
10. HYPERLINKS TO THIRD PARTY
WEBSITES
This Site often provides links to third party websites and other resources
that could be of interest to our users, including the websites of our Advertisers.
You understand, acknowledge and agree that these links are provided solely
as a convenience to you and not as an endorsement by the Site or Station
of the content, advertising or business practices (including the privacy
policies) of such third party websites, whether the Station's logo or sponsorship
identification is on the third party website, or whether the Site conducts "framing," which
allows a user to access several webpages or websites while still viewing
a header or border from this Site. These third party websites may have
different privacy policies and business practices than we do. Therefore,
we do not endorse, verify, make any representations, or take responsibility
for the content, truthfulness, accuracy, quality or completeness of the
content or activities conducted on such websites. You further agree that
the Site, its Owner and Operator, parent company(s), Affiliates, successors
and assigns, and their respective officers, directors, shareholders, employees,
representatives, agents, and operational service providers will not, under
any circumstances, be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with
your use of or reliance on the content, advertising or business practices
of linked third party sites. If you decide to access and use linked third
party websites, you understand, acknowledge, and agree that you do so at
your own risk.
Back to Top
11. SHOPPING & E-COMMERCE
This Site may offer various goods and services for sale ("Products"), or
direct or link to other websites that sell goods and services. We have
no responsibility or liability whatsoever for goods or services you may
obtain from or through other websites or web pages, even if you were directed
or linked to such a site or page through this Site.
If a Product sold on this Site is listed at an incorrect price or with
incorrect information, we reserve the right to refuse or cancel orders
placed for that Product, whether or not the order has been confirmed and
even if your credit or debt card account has been charged (in which event
we will issue a credit to your account in the amount of the charge).
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY
DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY
TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE
EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY
KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING,
BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR
A PARTICULAR PURPOSE.
Our creation or transmission of an order confirmation does not signify
final acceptance of your order, nor constitute a binding confirmation of
an offer to sell any Product and we reserve the right to accept or decline
your order for any reason up until the time the Product is actually delivered
to you. We reserve the right at any time, without prior notice, to limit
or reduce the quantity you ordered of any Product and we will notify you
if we do so. Products on the Site are offered for sale only to end user
customers or as personal gifts to end user customers and are not for commercial
resale. We do not accept orders from dealers, exporters, wholesalers, distributors,
resellers or other similar persons or companies, and reserve the right
to refuse, cancel or seek the return of any Products that are purchased
in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products
and applicable taxes will be added to the amount charged for Products purchased
on the Site. If an order consists of multiple items, they may be shipped
separately depending on availability.
Back to Top
12. PRIVACY POLICY
To participate in various activities on the Site, you will be asked to
provide certain true, complete and current Personal Information or Sensitive
Personal Information. All Personal Information, Sensitive Personal Information,
and any additional type of information collected from users in general
are subject to our Privacy Policy, which
is incorporated by reference into this agreement. For more information,
see our official Privacy Policy.
By submitting content to any area of the Site open to the other users or
the general public (which includes, but is not limited to, contests, emails
regarding Station programming, or Public Areas), you understand, acknowledge
and agree that your content will be considered "Public Material" and will
not be subject to the privacy protections generally afforded your Personal
Information.
You further agree that the Site may save and archive any content of any
nature posted to the Site and that the Site may, without liability to any
user, disclose such content if required to do so by law or to comply with
legal processes; to respond to claims that any of the content violates
the property, privacy, publicity or any other rights of another individual,
organization or corporation; or to protect the rights, property or safety
of the Station, the Site, its corporate affiliates, Advertisers, employees,
suppliers, operational service providers, users and members of the public.
Back to Top
13. MODIFICATION, SUSPENSION
OR DISCONTINUANCE OF SITE
The Site reserves the right, at its sole discretion and at any time, to
modify or discontinue the service (or any part thereof) offered on the
Site, on a temporary or permanent basis, with or without notice. You understand,
acknowledge and agree that the Site will not be liable to you or to any
third party for any such modification, suspension or discontinuance of
the service offered by the Site.
Back to Top
14. SECURITY OF THE SITE
The Site's membership activities are to be accessed only by registered
users of the Site which should have only one unique user name with one
unique password. If you are found to share passwords with any non-registered
member we will terminate your membership immediately without notice.
As a user of this Site, the following actions are also prohibited:
•
Accessing data not intended for such
user or logging into a server or account in which the user
is not authorized to access.
•
Attempting to probe, scan or test
the vulnerability of the system or network or to breach the
security or authentication measures of the Site without proper
authorization.
•
Forging any headers or otherwise manipulation
of Site identifiers in order to disguise the origin of transmission
through the Site.
•
Attempting to interfere with service
to any user, host or network, including, without limitation,
via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," "spimming," "phishing," or "crashing" the
Site or the server of any user.
•
Sending unsolicited commercial email
individually or in bulk (also called, Spam), which promotes
or advertises the Station, the Site, or any other activity,
program, product, or service.
•
Harvesting email addresses off this
Site through an automated process.
•
Bypassing this Site's homepage via
deep-linking or any other means, or framing this Site, or
any webpage or material on the Site without the express written
permission from CBS Radio. Users are also prohibited from
hyperlinking to this Site or any webpage in an email sent
for commercial purposes, without the express written permission
of CBS Radio.
•
Attempting to gain unauthorized access
to the Site's features or activities, interfering with or
manipulating in any manner the entry or registration process
for contests, sweepstakes, surveys, opinion polls, chat rooms,
message or bulletin boards, or any other interactive features
and activities on this Site.
•
Falsifying identification or impersonating
any person or entity, including, but not limited to, a Site
or Station official, chat room or public forum leader, host,
or guide, when accessing or participating in such features
and activities.
•
Setting up fake sites or other dummy
sites that appear to be the Site, mirroring the Site's contents,
or otherwise copying any part of the Site Material and/or
layout.
Violations of the Site's system or network security may result in civil
or criminal liability. The Site will investigate possible violations
of system or network security and may involve, and cooperate with a user's
employer, Internet Service Provider, and/or law enforcement authorities
in investigating and/or prosecuting users who are involved in such violations.
The Site will also terminate the membership of any person that the Site
believes, in its sole judgment, to have violated its security provisions.
Back to Top
15. INDEMNIFICATION AND
LIMITATION OF LIABILITY
You understand, acknowledge, and agree to defend, indemnify, and hold harmless
the station , its Owner and Operator, its parent company(s), corporate
affiliates, successors and assigns, Advertisers, suppliers and operational
service providers and each of their respective officers, directors, shareholders,
employees, representatives and agents, or others involved in creating,
promoting, or otherwise making available this Site from and against any
claims, actions, costs, expenses, or demands, including, without limitation,
reasonable legal and accounting fees, resulting from any content you submit,
post to or transmit through this Site, your use of the Site, your violation
of this Agreement, your violation of any rights of another, or otherwise
arising out of your use of this Site in any manner. The Site will attempt
to provide notice to you promptly of any such claim, suit, or proceeding
and will assist you, if requested and at your expense, in defending any
such claim, suit or proceeding. We reserve the right to take exclusive
control and defense of any such claim subject to indemnification by you,
in which event you will cooperate fully with this Station in asserting
any available defenses.
The Site and its Material may contain technical inaccuracies, typographical
errors, and out of date information. The Station makes no representations
about the accuracy, reliability, completeness, or timeliness of the Site
or the Material, and the Site makes no warranty that the Site will meet
your requirements. You understand, acknowledge, and agree that the use
of the Site and the Material is at your own risk. The Station reserves
the right to make changes to the Site and Material at any time.
IN NO EVENT SHALL THE SITE, ITS OWNER AND OPERATOR, PARENT COMPANY(S),
AFFILIATES, SUCCESSORS OR ASSIGNS, AND THE SITE'S ADVERTISERS, SUPPLIERS,
OR OPERATIONAL SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS, ASSUME OR HAVE ANY
RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA, LOST SAVINGS, LOSS OF GOOD WILL, OR YOUR USE
OR YOUR INABILITY TO USE THE SITE, OR BUSINESS INTERRUPTION RESULTING FROM
THE USE OR INABILITY TO USE THIS SITE, OR THE USE AND/OR APPEARANCE OF
THE MATERIAL ON THIS SITE, ACCESS TO ANY HYPERLINK ON THIS SITE, UNAUTHORIZED
ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS,
OR ANY OTHER INTANGIBLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Back to Top
16. DISCLAIMER OF WARRANTIES
THE SITE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT
THE SITE AND ITS SERVER OR SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL MECHANISMS. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION
AND OWN RISK. IF YOUR USE OF THE SITE, SOFTWARE, OR THE MATERIAL RESULTS
IN THE NEED FOR SERVICING OR REPLACING ANY EQUIPMENT OR DATA, YOU UNDERSTAND
ACKNOWLEDGE AND AGREE THAT THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. THE NETWORK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE
AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE,
DESIGN, TEXT, VIDEO CLIPS, AUDIO CLIPS, GRAPHICS AND ARTWORK, IMAGES, PHOTOGRAPHS,
OTHER MATERIAL, LINKS AND OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION
OF LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YOU UNDERSTAND AND
AGREE THAT THE AGGREGATE LIABILITY FOR THE COMPANY TO USERS FOR ALL CLAIMS
ARISING FROM YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THIS SITE OR
ANY OF THE MATERIAL OR SOFTWARE IS LIMITED TO $1.00 (ONE DOLLAR AND ZERO
CENTS)
Back to Top
17. USER TERMINATION
The Site reserves the right, at its sole discretion, to terminate your
membership or registration at any time, delete any or all of your Postings,
or block access to the Site and/or any other service provided to you. The
Site reserves the right to take such actions, with or without notice, for
any reason or for no reason, and without any liability to the account holder
or user.
Back to Top
18. LEGAL VENUE, GENERAL AND
CONTACT INFORMATION
Except for matters related to copyright, trademark or patent, which shall
be governed by U.S. federal and/or state law, this Agreement is governed
by the internal substantive laws of the State of New York, without respect
to its conflict of laws provisions. Jurisdiction for any claims arising
under this Agreement shall lie exclusively with the state or federal courts
within New York. You agree to submit to the personal jurisdiction of the
courts in the State of New York for any cause of action arising out of
this Agreement.
If any provision of this Agreement, or the application thereof to any person
or circumstances, is found to be invalid or for any reason, unenforceable
by any court having competent jurisdiction, the invalidity or unenforceability
of such provision shall not affect the validity and application of the
remaining provisions of this Agreement, which shall remain in full force
and effect. No waiver of any term of this Agreement shall be deemed a further
or continuing waiver of such term or any other term. Except as expressly
provided in this Agreement, in a particular "Legal Notice," or Software
License or material on particular Web pages, this Agreement constitutes
the entire agreement between you and the Site with respect to the use of
Site.
No changes to this Terms and Use Agreement shall be made except by a revised
posting on this page and no advice or other information provided by the
Site or its representatives to any user in any manner which is not posted
on this page will constitute any amendment of, waiver or change to this
Agreement, unless such an amendment, waiver or change is in writing from
an authorized officer or representative of CBS Radio.
The section titles in this Agreement are for your convenience only and
do not have any legal or contractual effect.
If you have any questions regarding this Agreement, please contact the
Site's Privacy Administrator via email at privacyadministrator@play.it,
or contact:
play.it
1515 Broadway, 46th Floor
New York, NY 10036
Attn: Your California Privacy Rights
c/o Privacy Administrator
|