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ELIGIBILITY AND ACCEPTANCE OF TERMS
AND CONDITIONS
Welcome to www.PhantomRadioNetwork.com (the "Site," "us" or
"we"), the official website for Internet Radio Station “Phantom
Radio Live” ("Station"). This site is owned and operated by The
Phantom Radio Network Unless specified otherwise on the Site,
users must be at least 18 years or older and a legal resident of
the United States before participation in any contest,
sweepstakes or interactive activities. By your participation 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
website. 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 of Participation") for certain
activities and services including, but not without
limitation, loyal listener/user clubs, awards programs,
contests, sweepstakes, email and dating services. 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 of
Participation, including any indemnifications,
warranties, and limitations of liability. |
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The Site's Additional Terms, Privacy Policy, and the
Rules of Participation 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 of Participation for the activity in which you
choose to participate, this Agreement shall govern.
PhantomRadioNetwork.com may revise this Agreement at any time by
updating this posting without notice to you. Such revisions are
effective to you as a user of this Site immediately upon
posting. You should visit this page periodically to review the
Agreement, because they are binding on you. The terms "you" and
"user" as used in this Agreement refer to all individuals and/or
entities accessing this Site for any reason.
COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS
The contents of this Site, including all software, design, text,
graphics, logos, 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 the property of The Phantom
Radio Network, 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 approval from
Phantom Radio Network. 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, non-commercial
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 website.
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.
Without the prior written permission of The Phantom Radio
Network, you agree not to reproduce, display, or use in any
manner, the Station or the Site's trademarks, including without
limitation, Phantom Radio Network station names, domain names,
logos, slogans, and contest and program names.
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.,
Netscape Navigator or Microsoft Internet Explorer).
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 The Phantom Radio Network 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 the
copyrighted work claimed to have been infringed 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. 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.
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, tortuous, 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.
Select website user submissions on the Phantom Radio Network
website may be chosen by the Station to be publicized on the
website and/or over any Phantom Radio Network Station broadcast.
The Station has the sole discretion to select which submission
will be featured on the website or over the air. The Station
also has the right to modify, edit, or delete any website user's
Personal Information or comments prior to posting the submission
on the website or read over the air.
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.
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.
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.
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.
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 provides
Public Areas that enable users to interact with other users,
on-air talent and other Station personnel, 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.
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, and resulting contractual agreements are
solely between the Advertiser and the user. Your further agree
that the Site is not responsible for upholding any applicable
terms, conditions, representations of warranties made by
Advertisers or other third parties in connection with an
agreement between users, or the purchase of goods and services
offered by Advertisers or other third parties.
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), corporate
affiliates, successors and assigns, and their respective
officers, directors, 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.
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.
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.
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.
SECURITY OF THE SITE
The Site's loyal listener/user and other 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," 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 The Phantom Radio Network. 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 The Phantom Radio Network.
- 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.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You understand, acknowledge, and agree to defend, indemnify, and
hold harmless Phantom Radio Live and The Phantom Radio Network,
its parent company(s), corporate affiliates, successors and
assigns, Advertisers, suppliers and operational service
providers and their respective officers, directors, 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 Site
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 Site
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), CORPORATE AFFILIATES, SUCCESSORS OR ASSIGNS, AND THE
SITE'S ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS,
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
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
PROFITS, 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.
DISCLAIMER OF WARRANTIES THE SITE DOES NOT WARRANT THAT THE SITE
WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER OR
SOFTWARE IS 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
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 SITE, 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, PHOTGRAPHS, 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).
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.
LEGAL VENUE, GENERAL AND CONTACT INFORMATION
This Agreement is governed by the internal substantive laws of
United States of America, 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 North Carolina. You agree to submit to the personal
jurisdiction of the courts in the State of North Carolina 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 The Phantom Radio
Network. 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
webmaster@phantomradionetwork.com. This Terms of Use Agreement
was last updated on June 8th, 2008 and is effective immediately.
TM & © 2006 The Phantom Radio Network and its relevant
subsidiaries. The Phantom Radio Network and Phantom Radio Logos
TM & © 2006 The Phantom Radio Network. used under license. All
Rights Reserved. |
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