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ESPN 96.3 Disclaimer Statement
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ESPN 96.3.
Privacy Statement
We respect and are committed to protecting your privacy.
This Privacy Policy lets you know how your personal information is processed
and used at ESPN 96.3. We take extraordinary steps to use your
personal information only in ways that are compatible with this Privacy Policy.
Information Collection
ESPN 96.3 is the sole owner of the
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privacy statement below.
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to analyze trends, track user movements, and gather data for demographic
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Sharing
At this time, ESPN 96.3 does not share any information with advertisers, merchants, or
any other third party.
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the winners and award prizes.
Newsletter
After registering for a Membership, you are given the
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or sold to any third party what so ever. Subscribers wishing to unsubscribe to
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Sending to a Friend
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Changes of our Policy
If and when our policy statement changes, visitors with
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Terms of Use
1. Acceptance of Terms of Use and Amendments
Each time you use or cause access to this web site, you
agree to be bound by these Terms of Use, and as amended from time to time with
or without notice to you. In addition, if you are using a particular service on
or through this web site, you will be subject to any rules or guidelines
applicable to those services and they shall be incorporated by reference into
these Terms of Use. Please see our Privacy Statement, which is incorporated
into these Terms of Use by reference.
2. Our Service
Our web site and services provided to you on and through
our web site on an AS IS basis.You agree that the owners of this web site
exclusively reserve the right and may, at any time and without notice and any
liability to you, modify or discontinue this web site and its services or
delete the data you provide, whether temporarily or permanently. We shall have
no responsibilty or liability for the timeliness, deletion, failure to store,
inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations
In order to use this web site, you must register on our
site, agree to provide truthful information when requested, and be at least the
age of thirteen (13) or older. When registering, you explicitly agree to our
Terms of Use and as may be modified by us from time to time and available here.
4. Privacy Policy
Registration data and other personally identifiable
information that we may collect is subject to the terms of our Privacy
Statement.
5. Registration and Password
You are responsible to maintain the confidentiality of your
password and shall be responsible for all uses via your registration and/or
login, whether authorized or unauthorized by you. You agree to immediately
notify us of any unauthorized use or your registration, user account or
password.
6. Your Conduct
You agree that all information or data of any kind, whether
text, software, code, music or sound, photographs or graphics, video or other
materials (Content), publicly or privately provided, shall be the sole
responsibility of the person providing the Content or the person whose user
account is used. You agree that our web site may expose you to Content that may
be objectionable or offensive. We shall not be responsible to you in any way
for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service
provided, that you shall not:
(a) Provide any Content or perform any
conduct that may be unlawful, illegal, threatening, harmful, abusive,
harassing, stalking, tortious, defamatory, libelous, vulgar, obscene,
offensive, objectionable, pornographic, designed to or does interfere or
interrupt this web site or any service provided, infected with a virus or other
destructive or deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or international
law;
(b) Impersonate or misrepresent your
association with any person or entity, or forge or otherwise seek to conceal or
misrepresent the origin of any Content provided by you;
(c) Collect or harvest any data about
other users;
(d) Provide or use this web site and any
Content or service in any commercial manner or in any manner that would involve
junk mail, spam, chain letters, pyramid schemes, or any other form of
unauthorized advertising without our prior written consent;
(e) Provide any Content that may give rise
to our civil or criminal liability or which may consititue or be considered a
violation of any local, national or international law, including but not
limited to laws relating to copyright, trademark, patent, or trade secrets.
7. Submission of Content on this Web Site
By providing any Content to our web site:
(a) you agree to grant to us a worldwide,
royalty-free, perpetual, non-exclusive right and license (including any moral
rights or other necessary rights) to use, display, reproduce, modify, adapt,
publish, distribute, perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part. Such license will apply
with respect to any form, media, technology known or later developed;
(b) you warrant and represent that you
have all legal, moral, and other rights that may be necessary to grant us with
the license set forth in this Section 7;
(c) you acknowledge and agree that we
shall have the right (but not obligation), in our sole discretion, to refuse to
publish or to remove or block access to any Content you provide at any time and
for any reason, with or without notice.
8. Third Party Services
Goods and services of third parties may be advertised
and/or made available on or through this web site. Representations made
regarding products and services provided by third parties are governed by the
policies and representations made by these third parties. We shall not be
liable for or responsible in any manner for any of your dealings or interaction
with third parties.
9. Indemnification
You agree to indemnify and hold us harmless, our
subsidiaries, affiliates, related parties, officers, directors, employees,
agents, independent contractors, advertisers, partners, and co-branders from
any claim or demand, including reasonable attorney's fees, that may be made by
any third party, that is due to or arising out of your conduct or connection
with this web site or service, your provision of Content, your violation of
this Terms of Use or any other violation of the rights of another person or
party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND
ANY SERVICES OR CONTENT PROVIDED (THE SERVICE) IS MADE AVAILABLE AND PROVIDED
TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU AS IS AND WE EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF
THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE,
ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER
FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN
THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH
ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR
LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied
warranties and the above disclaimer may not apply to you only as it relates to
implied warranties.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF
OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS
AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE
SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER
MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit
liability and therefore such limitations may not apply to you.
12. Reservation of Rights
We reserve all of our rights, including but not limited to
any and all copyrights, trademarks, patents, trade secrets, and any other
proprietary right that we may have in our web site, its content, and the goods
and services that may be provided. The use of our rights and property requires
our prior written consent. We are not providing you with any implied or express
licenses or rights by making services available to you and you will have no
rights to make any commercial uses of our web site or service without our prior
written consent.
13. Applicable Law
You agree that this Terms of Use and any dispute arising
out of your use of this web site or our products or services shall be governed
by and construed in accordance with local laws where the headquarters of the
owner of this web site is located, without regard to its conflict of law
provisions. By registering or using this web site and service you consent and
submit to the exclusive jurisdiction and venue of the county or city where the
headquarters of the owner of this web site is located.
14. Miscellaneous Information
(i) In the event that this Terms of Use
conflicts with any law under which any provision may be held invalid by a court
with jurisdiction over the parties, such provision will be interpreted to
reflect the original intentions of the parties in accordance with applicable
law, and the remainder of this Terms of Use will remain valid and intact;
(ii) The failure of either party to assert
any right under this Terms of Use shall not be considered a waiver of any that
party's right and that right will remain in full force and effect;
(iii) You agree that without regard to any
statue or contrary law that any claim or cause arising out of this web site or
its services must be filed within one (1) year after such claim or cause arose
or the claim shall be forever barred;
(iv) We may assign our rights and
obligations under this Terms of Use and we shall be relieved of any further
obligation.
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