Acceptance of Terms Through Use
Welcome to www.Q101.com, a website operated by Emmis Communications
Corporation (hereinafter "Emmis") and WKQX-FM (hereinafter
“Q101”). Please read the following terms and conditions
carefully, as they govern your use of the www.Q101.com website
(hereinafter the “Site"). Your use of the Site
constitutes your acceptance without modification of all of
the terms, conditions, and notices contained herein. We offer
the Site to you conditioned on your acceptance of these Terms
of Use. In consideration of your agreement to these Terms
of Use and for other valuable consideration, we grant to you
a limited, non-exclusive, revocable and non-transferable license
(as referenced below) to access and use the Site. We reserve
all rights not expressly granted in this Agreement.
We reserve the right to make modifications, improvements,
deletions, or amendments to the Site at any time we deem appropriate.
Any and all relevant portions of this Agreement will apply
automatically to all modifications, improvements, deletions,
and/or amendments as they appear.
In addition, we reserve the right at any time to modify the
terms and conditions of this Agreement, or any part thereof,
or to impose new conditions on the Agreement. Except as otherwise
stated herein, any modification to this Agreement shall be
effective ten (10) days after it initially is posted on the
Site. Your use of the Site after any such change will be conclusively
deemed acceptance of such change.
Permitted Use
You agree that you are only authorized to visit, view and
to retain a copy of pages of the Site for your own personal
use, and that you shall not duplicate, download, publish,
modify or otherwise distribute the material on the Site for
any purpose other than for personal use, unless otherwise
specifically authorized by us to do so. You also agree not
to deep-link (place a hyperlink on a website that links to
another website but not at its homepage) to the Site for any
purpose, unless specifically authorized by us to do so. The
content and software on this Site is the property of Emmis
and Q101 and is protected by U.S. and international copyright
laws.
Limited License
You are granted a limited, non-exclusive, revocable and non-transferable
license to utilize and access the Site pursuant to the requirements
and restrictions of these Terms of Use. We may change, suspend,
or discontinue any aspect of the Site at any time. We may
also, without notice or liability, impose limits on certain
features and services or restrict your access to all or portions
of the Site. You shall have no rights to the proprietary software
and related documentation, if any, provided to you in order
to access the Site. Except as provided in these Terms of Use,
you shall have no right to directly or indirectly, own, use,
loan, sell, rent, lease, license, sublicense, assign, copy,
translate, modify, adapt, improve, or create any new or derivative
works from, or display, distribute, perform, or in any way
exploit the Site, or any of its contents (including software)
in whole or in part.
Violation of the Terms of Use
You understand and agree that in our sole discretion, and
without prior notice, we may terminate your access to the
Site, or exercise any other remedy available and remove any
unauthorized user information, if we believe that the information
you provide has violated or is inconsistent with these Terms
of Use, or violates the rights of Emmis, Q101, or any third
party, or violates the law. You agree that monetary damages
may not provide a sufficient remedy to us for violations of
these Terms of Use and you consent to injunctive or other
equitable relief for such violations. We may release user
information about you if required by law or subpoena.
Copyright Policy
We may terminate the privileges of any user who uses the
Site to unlawfully transmit copyrighted material without a
license, express consent, valid defense or fair use exemption
to do so. If you submit information or content to the Site,
you warrant that the information or content does not infringe
the copyrights or other rights of third parties.
Representations By You
By visiting the Site, you represent, warrant and covenant
that (a) you are at least 18 years old; (b) that you are a
resident of the United States; and (c) that all materials
of any kind submitted by you through the Site or for inclusion
on the Site will not plagiarize, violate or infringe upon
the rights of any third party including trade secret, copyright,
trademark, trade dress, privacy, patent, or other personal
or proprietary rights.
Accounts
During the registration process you will be asked to select
a unique password for access to certain portions of the Site.
You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all
activities that occur under the password. By logging into
the Site, you represent and warrant that: (i) you are the
customer who registered for the services; (ii) that you are
using the services only for permitted purposes; (iii) you
are not a competitor of Emmis, Q101, or agent thereof; (iv)
you will immediately notify us of any unauthorized use of
the password or account or any other breach of security; and
(v) you will ensure that you exit from your account at the
end of each session. Please notify webmaster@Q101.emmis.com
of any potential unauthorized use(s) of your account, or breach
of security. You also represent and warrant that: (i) you
will not select or utilize a user name of another person with
intent to impersonate that person; (ii) you will not select
or utilize a user name in which another person has rights,
if you do not have that person's authorization to use such
name; and (iii) you will not select or utilize a user name
that we in our sole discretion deem offensive.
License Granted by You
By providing content or information to us, including by submitting
or uploading content or materials for use on the Site, you
represent and warrant that you or the owner of all rights
to such content or materials has expressly granted us an irrevocable
world-wide right in all languages and in perpetuity to use
and exploit all or any part of the content and materials provided
by you. We may publish and distribute any such submitted content
or materials at our sole discretion by any method now existing
or later developed. You agree that you shall waive all claims
and have no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary rights
in any communication, content or material submitted to us.
Any communication or materials you send to us will be treated
as non-confidential and non-proprietary and may be disseminated
or used by us for any purpose, including, but not limited
to, developing, creating, manufacturing or marketing products
or services.
Advertising
The Site may contain advertisements and/or sponsorships.
The advertisers and/or sponsors that provide these advertisements
and sponsorships are solely responsible for insuring that
the materials submitted for inclusion on the Site are accurate
and comply with all applicable laws. We are not responsible
for the acts or omissions of any advertiser or sponsor. Your
decision to make purchases from any such advertiser or sponsor
is completely voluntary and within your sole discretion. You
are solely responsible for payment of all costs or fees associated
with any such purchase, including payment of all shipping
charges, applicable sales tax, or other taxes, assessments,
or fees imposed by applicable law.
No Commercial Use
This Site may not be used by you for any commercial purposes
such as to conduct sales of merchandise or services of any
kind. You must obtain our prior written consent to make commercial
offers of any kind on the Site, whether by advertising, solicitations,
links, or any other form of communication. We will investigate
and take appropriate legal action against anyone who violates
this provision, including without limitation, removing the
offending communication from the Site and barring such violators
from use of the Site.
Links and Search Results
The Site may contain windows or hyperlinks which provide
access to other websites not affiliated with the Site or with
us (hereinafter the "External Websites"), or to
informational content provided by the External Websites. Your
use of such External Websites or informational content, while
subject to the terms of this Agreement, is also subject to
and governed by the terms and guidelines, if any, contained
within such External Website.
We do not endorse and are not liable for the content of any
External Website, and do not make any representations or warranties
concerning any informational content or materials available
on such External Website, including that they will not contain
viruses or otherwise impact your computer. We have no control
over these External Websites or the content within them. We
do not guarantee, represent or warrant that the content contained
in any External Website is accurate, legal and/or inoffensive.
By using the Site to search for or link to another site, you
agree and understand that you may not make any claim against
us for any damages or losses, whatsoever, resulting from your
use of the Site to obtain search results or to link to another
site. You acknowledge, understand, and agree that we shall
not 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 any informational
content, products, services, software, or other materials
available on or provided by any External Website. If you have
a problem with a link from the Site, you may notify us at
webmaster@Q101.emmis.com.
Career Advice and Professional Networking Websites
The Site may provide a venue for you to access External Websites
containing career advice and professional networking forums.
We have no control over the accuracy, reliability, completeness,
or timeliness of the information or services available through
any such External Websites, and makes no warranties or representations
about any of the networking forums or service vendors posted
thereon. To the extent that such External Websites collect
personal information or postings from you, you are advised
that in no event shall we assume or have any responsibility
or liability for the manner in which such information or postings
are exploited or for any claims, damages, or losses resulting
from their use and/or appearance on the External Websites.
We are not an employment agency or a recruiting firm and make
no representation or guarantees regarding the effectiveness
or timeliness of vendors offering career services in meeting
the objectives of the users. We do not guarantee that use
of the Site and/or the hyperlinks to External Websites listed
thereon will result in users being hired, and we are not responsible
for any employment decisions, regardless of the reasons such
decisions were made.
Intellectual Property
You acknowledge that all content and materials available
on this Site are protected by national and international copyrights,
trademarks, service marks, patents, patent registration rights,
trade secrets, know-how or other proprietary rights and laws
and are owned by us or our licensors. Except where otherwise
noted, you may download, print or view individual pages for
noncommercial use, provided you do not delete or change any
of the information, including copyright or trademark notices.
You may only use the Site or its contents as expressly permitted
in this Terms of Use and for no other purpose. We, our licensors
or associates retain exclusive ownership of all data, material
and other information regarding your use of the Site. Except
as we may expressly authorize, you agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create
derivative works from the content or materials on the Site.
Systematic retrieval of data or other content from the Site
to create or compile, directly or indirectly, a collection,
compilation, database or directory without our written permission
is prohibited. Unless otherwise indicated, all logos, names,
package designs and marks on the Site are trademarks or service
marks or used under license by us. The use or misuse of any
of these materials is strictly prohibited.
Digital Millennium Copyright Act (DMCA) Policy
If you are notifying us of alleged copyright infringement,
please be sure to provide the following information in the
form required by 17 U.S.C. § 512:
1. A description of the copyrighted work that you allege is
being infringed, or, if multiple copyrighted covered by a
single notification, a representative list of such works;
2. A description of the allegedly infringing material and
information sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact
you, such as an address, telephone number, and/or an electronic
mail address;
4. A statement by you that you have a good faith belief that
use of the material in the manner complained of is not authorized
by the copyright owner, or its agent, or the law; and
5. A statement by you that the information in the notification
is accurate and that you have the authority to enforce the
copyrights that are claimed to be infringed.
Designated Agent for Notification of Claimed Copyright Infringement
NAME: Director of Internet Technologies
ADDRESS: Emmis Operating Company
40 Monument Circle, Suite 500
Indianapolis, Indiana 46204
EMAIL: copyright@emmis.com
PHONE: (317) 684-6546
FAX: (317) 684-8810
Allocation of Responsibility
We assume no responsibility for the activities, omissions,
or other conduct of users. We act as a portal for the online
distribution and publication of information and have no obligation
to screen communications or information in advance and are
not responsible for screening or monitoring information posted
by vendors on External Websites. If notified by a user of
an External Website that grossly violates and/or does not
conform to the reasonable principles and ethics of society,
we may investigate the allegation and determine in good faith
and determine, in our sole discretion, whether to remove or
request the removal of the link to such External Website.
We have no liability or responsibility to users for performance
or nonperformance of such activities. We may take any action
with respect to External Websites that we deems necessary
or appropriate, in our sole discretion.
DISCLAIMER OF WARRANTIES
You acknowledge, understand, and expressly agrees that use
of the Site and any External Website accessible therethrough
is at your sole risk. We do not guarantee, represent, or warrant
that your use of the Site will be uninterrupted, error free,
or virus free, or that the Site will meet your requirements.
In addition, no warranty is made as to the results that may
be obtained from use of the Site or any External Websites
listed thereon, or as to the accuracy, reliability, or content
of any product, service, or information provided through or
in connection with the Site. TO THE EXTENT PERMITTED BY APPLICABLE
LAW, THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES,
OR UNINTERRUPTED ACCESS. SPECIFICALLY, EMMIS AND KSHE95 DISCLAIM
ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1)
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS,
OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND, (2)
ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM
A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THIS
DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF EMMIS' AND/OR KSHE95’S
RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, NEITHER EMMIS, KSHE 95 NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING OR DELIVERING THE SITE OR AN EXTERNAL
WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF A
USER'S ACCESS TO, OR USE OF, THE SITE OR ANY EXTERNAL WEBSITE.
You assume all risk of errors and/or omissions in the Site,
including the transmission or translation of information.
In addition, you acknowledge, understand, and agree that there
are risks, including but not limited to, the risk of physical
harm, the risk of dealing with strangers, foreign nationals,
underage persons, or people acting under false pretenses.
You assume all risks associated with dealing with the vendors
with whom you comes in contact with through the Site or any
External Website. You assume full responsibility for implementing
sufficient procedures and updates to satisfy your requirements
for the accuracy and suitability of the Site, including the
information provided thereon, and for maintaining any means
that you may require for the reconstruction of lost data or
subsequent manipulations or analyses of the information provided
hereunder. You acknowledge, understand, and agree that your
use of the Site, any External Website accessed therethrough,
and any information sent or received in connection therewith,
may not be secure and may be intercepted by unauthorized parties.
YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR OR CORRECTION TO USER'S COMPUTER SYSTEM
OR OTHER PROPERTY.
Indemnification
You agree to defend, indemnify, and hold us and our subsidiary
and other affiliated companies, and their employees, contractors,
officers and directors harmless from all liabilities, claims
and expenses, including attorney's fees, that arise from your
use or misuse of the Site or the content therein. We reserve
the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with us in asserting
any available defenses.
International Use
By choosing to access the Site from any location other than
the United States, you accept full responsibility for compliance
with all local laws that are applicable. We make no representation
that materials on the Site are appropriate or available for
use in locations outside the United States, and accessing
them from territories where their contents are illegal is
prohibited. You may not use, export or re-export any materials
from this Site in violation of any applicable laws or regulations,
including, but not limited to, any United States export laws
and regulations.
Choice of Law
This Agreement shall, for all domestic and international
purposes, be governed, interpreted, construed and enforced
solely and exclusively in accordance with the laws of the
State of Indiana, U.S.A., without regard to conflicts of law
provisions. You expressly agree that the exclusive jurisdiction
for any claim or action arising out of or relating to these
Terms of Use or your use of the Site shall be filed only in
the state or federal courts located in the State of Indiana,
and you further agree and submit to the exercise of personal
jurisdiction of such courts for the purpose of litigating
any such claim or action.
Integration and Severability
This Terms of Use constitutes the entire agreement between
us and you with respect to the Site and supersedes all prior
or contemporaneous communications and proposals between us
with respect to the Site. If any provision of this Terms of
Use agreement is determined to be invalid or unenforceable,
all other provisions shall remain in full force and effect.
Headings
Section titles in the Term of Use are for convenience and
do not define, limit, or extend any provision of the Terms
of Use.
© Copyright 2006 WKQX-FM (Q101). All Rights Reserved.
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