Terms Of Service

RadioDiscussions.com Terms of Service
Welcome to the RadioDiscussions.com website. Please read the following Terms of Service ("TOS") closely before using, submitting or obtaining any content or services using www.RadioDiscussions.com ("the Website") operated by Frank Berry (hereinafter, "RadioDiscussions"). The information and services provided by RadioDiscussions through the Website are governed by the TOS. By registering, accessing or using the Website or by submitting information to the Website, you agree that (1) you have read and familiarized yourself with the TOS, (2) you understand the TOS, and (3) you are bound by the TOS in your use of these the Website. These TOS together with any additional terms and conditions specific to a particular service contained on the Website (which are incorporated herein by reference), constitute the entire agreement (the "Agreement") between the RadioDiscussions and you regarding this subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.

2. Description of Service

RadioDiscussions provides users with access to message boards, and radio information services (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new RadioDiscussions resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the Internet, either directly or through devices that provide access, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including but not limited to a computer and modem or other access device. Our Services and the Website are not available to, and may not be used by, persons under the age of 18 years old. If you do not qualify, please do not use our Services. If you are submitting information for a business entity, by doing so, you represent that you have the authority to bind that business entity to these TOS.

3. Your Registration Obligations

In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RadioDiscussions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RadioDiscussions has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), as well as declare Breach of Contract.

4. RadioDiscussions Privacy Policy

Pursuant to RadioDiscussions' Privacy Policy, if we do receive your personal information, we will only use it for the purposes described where it is collected or otherwise described in this policy, and we will not sell, license, transmit or disclose this information unless (1) you expressly authorize us to do so; (2) it is necessary to allow our service providers, third-party contractors or agents to provide services for us, (3) it is necessary in order to provide our products or services to you, (4) subject to applicable contractual or legal restrictions, it is disclosed to entities that perform marketing services on our behalf or to other entities with whom we have joint marketing agreements, (5) subject to applicable contractual or legal restrictions, it is necessary in connection with a sale of all or substantially all of the assets of RadioDiscussions or the merger of RadioDiscussions into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which RadioDiscussions is not the survivor, (6) it is necessary in connection with other business purposes including, without limitation, customer care, service quality, business management and operation, risk assessment, security, fraud and crime prevention/detection, monitoring, research and analysis, marketing, customer purchasing preferences and trends, dispute resolution, credit checking and debt collection, or (7) otherwise as we are required or permitted by law.

5. Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and NOT RadioDiscussions, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. RadioDiscussions does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable, malicious or further damaging. You agree not to use the Service to:

1. upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, of a sexual nature, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

2. harm minors in any way;

3. impersonate any person or entity, including, but not limited to, a RadioDiscussions official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page) in attempt to defraud RadioDiscussions;

5. upload, post or otherwise transmit any Content that you do not have a right to transmit 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);

6. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

7. upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;

8. upload, post or otherwise transmit 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;

9. 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;

10. 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;

11. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;

12. "stalk" or otherwise harass another;

13. collect or store personal data about other users;

14. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites, or interfere or otherwise interrupt the broadcast of FCC licensed stations;

15. use your page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond RadioDiscussions;

16. have multiple RadioDiscussions addresses or

17. engage in commercial activities without enrolling in RadioDiscussions approved affiliate programs. This includes, but is not limited to, the following activities:

o offering for sale any products or services;

o soliciting for advertisers or sponsors;

o conducting raffles or contests that require any type of entry fee;

o displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services, with the sole exceptions of banners provided by or prior approved by RadioDiscussions;

o displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.

18. You agree and acknowledge that RadioDiscussions has not reviewed any contents as to their acceptability, legality or for any other purpose. You further agree that it is not RadioDiscussions' responsibility to do any such review for appropriateness but merely to host the Website on your behalf.

6. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

7. Content Submitted to RadioDiscussions

RadioDiscussions does not claim ownership of the Content. By submitting Content to RadioDiscussions for inclusion on the Website, you grant RadioDiscussions, and its service providers, third-party contractors or agents, a perpetual, world wide, royalty-free and non-exclusive license to reproduce, modify, adapt, publish and delete the Content solely for the purpose of displaying and promoting RadioDiscussions' Internet properties, or any related company thereof. The mere fact of submission of Content which you place on the Website does not impose or imply any duty of RadioDiscussions to review the same for appropriateness and legality of such content and/or Website. You acknowledge that RadioDiscussions does not pre-screen Content, but that RadioDiscussions and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, RadioDiscussions and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you 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. If you are an owner of copyrighted content and believe that Content posted on the Service may be infringing, please follow the procedure set forth on the Appendix attached hereto.

8. Indemnity

You agree to indemnify and hold RadioDiscussions, and its subsidiaries, affiliates, officers, agents, co- branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS and/or the Privacy Policy, Your violation of any rights of another, or Your violation of any federal, state or other law or regulation in the United States or any other country in the world or any breach of any of Your representations, warranties and/or covenants related thereto. You and each of Your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge RadioDiscussions and each of and its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys' fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Your use of the Services.

9. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.

10. General Practices Regarding Use and Storage

You acknowledge that RadioDiscussions may establish general practices and limits concerning use of the Service, by example and not limitation, disk space, bandwidth and electronic mail relays.

11. Modifications to Service

RadioDiscussions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that RadioDiscussions shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. Termination

You agree that RadioDiscussions, in its sole discretion, may terminate your account, access to the Website, use of the Service or use of any other RadioDiscussions' service, and remove and destroy any Content within the Service, for any reason, including, without limitation, for lack of use or if RadioDiscussions believes that you have violated or acted inconsistently with the letter or spirit of the TOS. RadioDiscussions may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that RadioDiscussions may immediately deactivate or delete your account and all related information and files in linked to your account and/or bar any further access to such files or the Service. You agree that RadioDiscussions shall not be liable to you or any third-party for any termination of your access to the Service.

13. Advertisements and Promotions

RadioDiscussions runs advertisements and promotions on the Website. By utilizing this Website, you agree that RadioDiscussions has the right to run such advertisements and promotions. The manner, mode and extent of advertising by RadioDiscussions on this Website is subject to change. 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 RadioDiscussions 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.

14. Links

The Service may provide, or third parties may provide, links to other Internet websites or resources. Because RadioDiscussions has no control over such sites and resources, you acknowledge and agree that RadioDiscussions is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RadioDiscussions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. RadioDiscussions Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ('Software') contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RadioDiscussions or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. RadioDiscussions grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the services explicitly designated for use in accessing the Service.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN 'AS IS', 'WHERE IS' AND 'AS AVAILABLE' BASIS. RADIODISCUSSIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. RADIODISCUSSIONS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RADIODISCUSSIONS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17. Limitation of Liability You expressly understand and agree that RadioDiscussions shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if RadioDiscussions has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.

18. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 16 and 17 may not apply to you.

19. Notice

Notices to you may be made via either email or regular mail. RadioDiscussions may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Website.

20. Copyrights

It is RadioDiscussions' policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of RadioDiscussions and/or others.

21. General Information

The TOS constitute the entire agreement between you and RadioDiscussions and governs your use of the Service, superceding any prior agreements between you and RadioDiscussions (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other RadioDiscussions services, third-party content or third-party software. The TOS and the relationship between you and RadioDiscussions shall be governed by the laws of the State of Michigan, USA without regard to its conflict of law provisions. You and RadioDiscussions agree to submit to the personal and exclusive jurisdiction of the courts located in Midland County, Michigan, USA. The failure of RadioDiscussions to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

22. Violations

Please report any violations of the TOS to us.

Appendix

Digital Millennium Copyright Act

RadioDiscussions has designated an agent to receive notification of alleged copyright infringement for its websites as required by the Digital Millennium Copyright Act ('DMCA'). As a response to notices of alleged infringement that comply with the DMCA, RadioDiscussions may remove or disable access to the material set forth in the infringement notification. If we remove or disable access to material to comply with the DMCA, RadioDiscussions will make a good-faith effort to notify the author of such material so that they may make a counter notification as permitted pursuant to 17 U.S.C. Section 512(g)(3) or, if RadioDiscussions is the author of such material, RadioDiscussions may elect to respond directly to such notice.

Infringement Notice

You may provide written notice of copyright infringement to RadioDiscussions' designated agent. Any such notice must contain the following information, as required by 17 U.S.C. Section 512(c)(3)(A):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed (or, in the case of multiple works covered by a single notice, a representative list);

3. Identification of the material that is claimed to be infringing (along with information sufficient to allow RadioDiscussions to locate the material);

4. Information sufficient to permit RadioDiscussions to contact you (e.g., address, telephone number and email address);

5. The following statement: "[I/[Name of Entity]] have a good faith belief that use of the material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."; and,

6. The following statement: 'Under penalty of perjury, [I/[Name of Entity]] hereby [affirm/affirms] that all information provided in this notice is accurate and [I/[Name of Entity]] [have/has] the authority to act on behalf of the owner of the copyright that is allegedly infringed.' Any such notice must be delivered to RadioDiscussions' designated agent at:

[email protected]

NOTE: If you materially misrepresent that any material on RadioDiscussions' websites is infringing your copyrights, you may be liable for damages, including court costs and attorneys' fees, as described in 17 U.S.C. Section 512(f).