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 age and residency
requirements of the Site.
This page states the terms and conditions forming
the agreement under which you may use WWW.WAZEE.ORG.
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. This Agreement
will remain in full force and effect as long as you
are a user of the Site. The Site provides rules of
participation (“Rules of Participation”)
for certain activities and services including, but
not without limitation, music downloads, listener
forums/message boards, contests and email services.
The Site’s 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 the specific Rules of Participation for the activity
in which you choose to participate, this Agreement
shall govern.
WWW.WAZEE.ORG 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, 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 WAZEE MULTIMEDIA, LLC and/or 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. Unauthorized use of the
Material may violate such laws.
You understand, acknowledge and agree that the Site
hereby grants you a limited personal, non-exclusive,
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 WAZEE MULTIMEDIA,
LLC. 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 website.
Access to the Materials may not be lawful by certain
persons or in certain countries. You also understand,
acknowledge and agree that downloading of any object
code or software by website users in restricted countries
is prohibited. 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.
Without the prior written permission of the Owner
and Operator of this Site, you agree not to display
or use in any manner, the Site’s trademarks,
including without limitation, the RADIO.WAZEE LOGO.
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, recorders, spiders, avatars or
intelligent agents) to navigate, search or copy 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,
Microsoft Internet Explorer, Mozilla, Opera, et. al.).
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, not WWW.WAZEE.ORG 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,
abusive, hateful, or embarrassing to another user
or any other person or entity; 5) post a sexually-explicit
image or statement; or 6) post advertisements or solicitations
of business; post chain letters or pyramid schemes;
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. WWW.WAZEE.ORG does not regularly review,
screen or monitor the Site and assumes 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, the Site may in its sole discretion
investigate the allegation and may thereafter determine,
in its sole discretion, whether or not to remove or
request the removal of the material. You understand,
acknowledge and agree that the Site reserves 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 the Site’s 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 POLICY
Email is an important communications channel for RADIO.WAZEE
and WWW.WAZEE.ORG. 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. 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 and this Site 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 will receive/select
a “user name” and password. You understand,
acknowledge and agree that you are responsible for
maintaining the confidentiality of your Personal Information
as defined in this Agreement 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.
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 in connection with an agreement between
users.
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 web-pages 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, affiliates,
successors and assigns, and their respective officers,
directors, employees, 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.
PRIVACY POLICY
To participate in various activities on the Site,
you will be asked to provide certain true, complete
and current Personal Information. All 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 public area of the Site
(which includes, but is not limited to, contests,
emails regarding Station programming, 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 Site, its Advertisers, employees,
operational service providers, users and members of
the public.
MODIFICATION,
SUSPENSION OR DISCONTINUANCE
The Site reserves the right at 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
The Site’s message boards/forum 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. 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.
- 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 email, including promotions
and/or advertising of any activity, program, product
or service.
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 WAZEE MULTIMEDIA, LLC, its parent
company, affiliates, successors and assigns, Advertisers,
and operational service providers and their respective
officers, directors, employees, representatives and
agents, from and against any claims, actions or demands,
including without limitation reasonable legal and
accounting fees, alleging or resulting from your use
of the Material or your breach of the terms of this
Agreement. 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.
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, AFFILIATES, SUPPLIERS, SUCCESSORS
OR ASSIGNS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES AND AGENTS, THE SITE’S
ADVERTISERS, OR OPERATIONAL SERVICE PROVIDERS, ASSUME
OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS,
DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA,
PROFITS, SAVINGS, GOOD WILL, OR USE, OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OF THIS SITE, OR THE USE AND/OR
APPEARANCE OF THE MATERIAL ON THIS SITE, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, 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 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 OR THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, 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,
THE AGGREGATE LIABILITY FOR THE COMPANY TO USERS FOR
ALL CLAIMS ARISING FROM YOUR USE OR INABILITY TO USE
THIS SITE OR ANY OF THE MATERIAL 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, and without any liability
to the account holder or user.
GENERAL AND CONTACT
INFORMATION
This Agreement is governed by the internal substantive
laws of the State of Colorado, 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. If any provision of this Agreement is found
to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect
the validity 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 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.
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 Administrator via
email.
