KYW1060.COM TERMS OF USE AGREEMENT
TABLE OF CONTENTS
* Eligibility and Acceptance of Terms and Conditions
* Copyright, Trademark, And Proprietary Rights
* Copyright Infringement Notification Process
* User Conduct
* E-mail
* Contests, Sweepstakes and Other Membership Activities
* Chat Rooms, Message Boards, and Other Public Areas
* Advertising and Other Third Party Content
* Hyperlinks to Third-Party Web Sites
* Shopping and E-Commerce
* Privacy Policy
* Modification, Suspension or Discontinuance of Site
* Security of Site
* Indemnification and Limitation of Liability
* Disclaimer of Warranties
* User Termination
* Legal Venue, General and Contact Information
ELIGIBILITY AND ACCEPTANCE OF TERMS
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, e-mail 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 the specific Rules of Participation for the activity in which you choose to participate, this Agreement 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.
KYW1060.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 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 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 Site’s trademarks, including without limitation, "CBS Radio," "KYW," "Newsradio," "1060," "All News, All the Time," "Traffic on the Twos," "2, 3, 4 times a day," "Give us 22 minutes, we'll give you the world," other station names and call letters, domain names, slogans, contest and program names, or any variants or combinations of these.
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: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 this Site, are entirely responsible for the consequences of all Postings that you upload, post, e-mail, 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; 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 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.
E-mail is an important communications channel for the Site and the Station. All e-mail sent to us should be generated by the person in whose name the e-mail account is registered. E-mail users shall not mask their identity by using a false name or another person's name or account. We will use your e-mail address and the content of any e-mail 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 e-mail 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 e-mail, 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
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 such 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 site may provide 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 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 such purposes below in addition to the conduct listed in the User Conduct section of this Agreement:
ADVERTISING AND OTHER THIRD PARTY CONTENT
HYPERLINKS TO THIRD PARTY WEB SITES
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 other users or the general public (which includes, but is not limited to, contests, e-mails 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 Site, its corporate affiliates, Advertisers, employees, operational service providers, users and members of the public.
MODIFICATION, SUSPENSION OR DISCONTINUANCE
SECURITY OF THE SITE
INDEMNIFICATION AND LIMITATION OF LIABILITY
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
LEGAL VENUE, GENERAL AND CONTACT INFORMATION
If you have any questions regarding this Agreement, please contact the Site’s Privacy Administrator via e-mail at PrivacyAdmin@KYW.COM, or contact:
KYW1060.COM
400 Market Street, 10th Floor
PHILADELPHIA, PA. 19106
215-238-4991
ATTN: Privacy Administrator
This Terms of Use Agreement was last updated on December 19, 2005.
TM and copyright 2005, CBS Radio Inc. and its relevant subsidiaries. "CBS Radio" and eye logo TM and copyright 2005, CBS Broadcasting Inc.; used under license. All rights reserved.