TABLE OF CONTENTS
This Terms of Use Agreement does not cover the CBS Radio Inc./Monster.com micro-site, WBZ LawInfo micro-site, WBZ Singles Network, WBZ SavingsZone, and Keeping Families Strong micro-site. Please see the separate terms and conditions for the CBS Radio Inc./Monster.com Promotion, WBZ LawInfo micro-site, WBZ Singles Network, WBZ SavingsZone, and Keeping Families Strong micro-site.
ELIGIBILITY AND ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to WBZ1030.com (the “Site,” “us” or “we”), the official website for Radio Station WBZ NewsRadio 1030, Boston, MA (“Station”). This site is owned and operated by Infinity Broadcasting Group (“Owner and Operator”), a subsidiary of CBS Radio Inc. (“CBS Radio”).
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. 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.
WBZ1030.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,
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 CBS Radio 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 Materialis
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 CBS Radio Inc.. 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
CBS Radio, you agree not to display or use in any manner, the Station
or the Site’s trademarks, including without limitation ,CBS RADIO
and station names and call letters, domain names,
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
our DMCA Copyright Agent 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.
This Site’s DMCA Copyright Agent for receiving claims of copyright infringement is:
S. Jenell Trigg, Esq.
DMCA Copyright Agent
CBS Radio Inc.
c/o Leventhal Senter & Lerman PLLC
2000 K Street, NW, Suite 600
Washington, DC 20006-1809
202-429-8970 (Phone)
202-293-7783 (Fax)
email: CBSRadioDMCAagent@lsl-law.com
The above address is intended only for notifications and any related
correspondence regarding claims of copyright infringement on this Site.
Correspondence pertaining to other matters will not receive a
response if sent to the above contact information.
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.
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 Siteprovides
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, u nder 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 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.
- 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 Infinity Broadcasting Group ,
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 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 webmaster@wbz1030.com , or contact:
WBZ1030.com
1170 Soldiers Field Rd
Boston, MA 02134
ATTN: Privacy Administrator
This Terms of Use Agreement was last updated on December 19 , 2005 and is effective immediately.
TM & © 2005 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO
& EYE Logo TM & © 2005 CBS Broadcasting Inc. used under
license. All Rights Reserved.
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