Some parts of the Service may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available that can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Service content.
Privacy, Children’s Privacy, and Protection of Personal Information
We do not knowingly collect, use or disclose the personal information of any person under the age of 13. If you believe that we have inadvertently collected personal information from a child, please contact us at firstname.lastname@example.org and we will endeavor to destroy such personal information immediately.
Accounts, Security, and Passwords
If the Service requires you to open an account, you must complete the specified registration process by providing us with current, complete and accurate information as requested by the applicable online registration form. The completeness and accuracy of your registration data is your responsibility, and any loss caused by your failure to ensure the completeness and accuracy of this information is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account and any loss caused by your failure to do so is your responsibility. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify 100.2 EAST FM immediately of any unauthorized use of your account. 100.2 EAST FM is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Use of Intellectual Property
The Service, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, 100.2 EAST FM logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by 100.2 EAST FM or by other parties that have provided rights thereto to 100.2 EAST FM.
Except for personal, non-commercial purposes, you may not, and you hereby agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Service, in whole or in part, without the express written permission of 100.2 EAST FM.
Other trademarks, service marks, product names and company names or logos appearing on this Service that are not owned by 100.2 EAST FM may not be used without express permission from their owners.
We welcome links to our Service. You are free to establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site, service, application, or mobile application by us.
Additionally, unless otherwise expressly permitted, you may not frame, or in-line link, any of the content of this Service, or incorporate into another website, application, mobile application, or other service any of our intellectual property.
The Service may contain features that allow users to post, upload, transmit and/or otherwise submit (collectively, “post”) certain content and materials, including, without limitation, text, .jpeg and other image files (both moving and still), links, sound recordings, comments, recommendations (“User Content”). By posting User Content, you acknowledge that (a) such User Content may be routed through 100.2 EAST FM’s servers, third-party servers, and the Internet; (b) User Content may be viewed by 100.2 EAST FM personnel and the general public; and (c) the Service is public, not a private, means of communication.
We may, in our absolute discretion and without notice to you, screen, refuse to post, remove, or edit User Content, but we are not obligated to do so. If we have questions regarding User Content, we have the right, but not the duty, to contact you for further information, including, for example, to seek verification that you hold the copyright in or are otherwise authorized to post the User Content.
You retain any copyright and other rights that you might hold in any User Content that you post to the Service. However, by posting User Content, you hereby grant 100.2 EAST FM, its corporate parent(s), subsidiaries, and/or affiliate(s), and their respective licensees, a perpetual, non-exclusive, worldwide, transferrable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode and/or adopt User Content in any and all media formats or channels, whether now known or hereafter devised, including, without limitation, the Service and Affiliate station broadcasts, without payment to you and without further consent from or notice to you. By posting User Content, you also grant 100.2 EAST FM the right to contact you in connection with the User Content and to use your name, city, state, and other information that you may provide in connection with the User Content.
(a) that you are at least 18 years of age;
(b) that you have obtained all necessary clearance, releases, licenses, and rights to post the User Content;
(c) that no encumbrances or other limitations or restrictions on the User Content exist which would prevent its use by 100.2 EAST FM; and
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 100.2 EAST FM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. 100.2 EAST FM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE AND/OR SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. 100.2 EAST FM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND (INCLUDING WITHOUT LIMITATION SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS) CONTAINED WITHIN THIS SERVICE FOR ANY PURPOSE.
Limitations on Liability
In no event shall 100.2 EAST FM, its subsidiaries, affiliates, licensees, parent companies, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Service and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (a) loss of goodwill, profits, business interruption, data or other intangible losses; (b) your inability to use, unauthorized use of, performance or non-performance of the Service; (c) unauthorized access to or tampering with your personal information or transmissions; (d) the provision or failure to provide any service; (e) errors or inaccuracies contained in the Service or any information, software, products, services, and related graphics obtained through the Service; (f) any transactions entered into through the Service; (g) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the Service or any site to which it provides hyperlinks; or (h) damages otherwise arising out of the use of the Service. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if 100.2 EAST FM has been advised of the possibility of damages.
This Service may contain links to websites operated by third parties. 100.2 EAST FM does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any of the content uploaded, displayed or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply 100.2 EAST FM’s endorsement, sponsorship, or recommendation of the third party or of the content, products or services contained on, or available through, the site.
The Service may provide you access, for your personal use, to a live stream of an Affiliate’s radio signal (the “Internet Radio Service”). You may not rebroadcast the Internet Radio Service in any way. You may not make any recordings of, or otherwise duplicate, content or information provided by the Internet Radio Service through any means. In addition, you may not re-transmit or otherwise distribute the content or information provided by the Internet Radio Service in any way, including by online streaming such content or making such content available for download. You may not re-skin, re-package, decompile, reverse engineer, or disassemble the Internet Radio Service, or construct a media player or interface that accesses the Internet Radio Service, including by weblink that bypasses the home page of the Service. In addition, your use of any products or services that access the Internet Radio Service and which are provided by third parties not authorized by us constitutes a violation of this Agreement, even if you did not create such product or services and/or do not understand how they were created.
Third Party Merchants
The Service may permit you to order and receive products, information and services from businesses that are not owned or operated by 100.2 EAST FM, our corporate parent(s) and/or our Affiliates. The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. 100.2 EAST FM does not endorse, warrant or guarantee such products, information or services and is not liable for the accuracy, completeness or usefulness of such information, opinion or advice or the quality or availability of such products or services. 100.2 EAST FM will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products, services or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the 100.2 EAST FM Service.
Modification/Termination by 100.2 EAST FM
100.2 EAST FM respects the intellectual property rights of third parties. Accordingly, you may not store any material on the Service or use 100.2 EAST FM’s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under U.S. copyright law. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, it is the policy of 100.2 EAST FM to suspend or terminate, in appropriate circumstances, the internet service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, 100.2 EAST FM expressly reserves the right to suspend, terminate or take other interim action regarding the internet service of any user if 100.2 EAST FM, in its sole discretion, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights 100.2 EAST FM may have under law or contract.
In addition, 100.2 EAST FM reserves the right, in its sole discretion, to modify, suspend, or terminate this Service and/or any portion thereof, and/or your account, password, or use of any 100.2 EAST FM internet service, or any portion thereof, at any time for any reason, or no reason, with or without notice to you.
Any termination of your account removes your authorization to use the Service. In the event of termination, you will still be bound by your obligations under this Agreement, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, 100.2 EAST FM shall not be liable to you or any third party for any termination of your access to the Service.
You agree to indemnify, defend, and hold harmless 100.2 EAST FM, its subsidiaries, agents, parent companies, distributors, licensees and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of this Service and any related 100.2 EAST FM internet service and/or software. 100.2 EAST FM reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with 100.2 EAST FM in asserting any available defenses.