Terms of Use-2

 

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:

1.      Accessing data not intended for such user or logging into a server or account in which the user is not authorized to access.

2.      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.

3.      Forging any headers or otherwise manipulation of Site identifiers in order to disguise the origin of transmission through the Site.

4.      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.

5.      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.

6.      Harvesting email addresses off this Site through an automated process.

7.      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.

8.      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.

9.      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.

10.  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.

You understand, acknowledge, and agree to defend, indemnify, and hold harmless CBS Radio, 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.

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).

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.

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 bawalters@cbs.com or contact:

 

This Terms of Use Agreement was last updated on December 30, 2004 and is effective immediately.

 

Copyright © 2006 CBS Radio.  All rights reserved.