WZLX.COM
TERMS OF USE AGREEMENT
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TABLE
OF CONTENTS
·
Eligibility and Acceptance of Terms and Conditions
·
Copyright, Trademark, and Proprietary Rights
·
Copyright Infringement Notification Process
·
Email
·
Contests, Sweepstakes and Other Membership Activities
·
Chat Rooms, Message Boards and Other Public Areas
·
Advertising and Other Third Party Content
·
Hyperlinks to Third Party Websites
·
Modification, Suspension or Discontinuance of Site
·
Indemnification and Limitation of Liability
·
Legal Venue, General and Contact Information
This Terms of Use Agreement does
not cover the CBS Radio Inc./Monster.com micro-site, the Saving
Zone and the 'ZLX Classic Connection. Please
see the separate terms and conditions for the Infinity/Monster.com Promotion
ELIGIBILITY AND ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to WZLX.COM (the “Site,” “us” or “we”), the official website for Radio Station WZLX-FM Boston, Massachusettes (“Station”). This site is owned and operated by CBS Radio Inc. of Boston (“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.
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 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:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
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 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 Site provides 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:
1. Posting a profile for anything other than to participate in online discussion via the Public Area.
2. Sending a message to a user for any reason other than to participate in online discussions.
3. Deleting or revising any content or material posted by any other person or entity.
4. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting for any reason.
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, 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.
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 Info