Terms of Use
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These Web Site Terms of Use explain the contractual agreement between you,
who uses this web site and agrees to these Terms of Use ("you", "your"),
and American Urban Radio Networks ("AURN", "we", "us", "our")
regarding your use of this web site, http://www.aurnol.com ("AURN
Web Site") and activities conducted through this AURN Web Site.
We recommend that you print a copy of these Terms of Use for your records.
1. "Agree"
By using this site, you signify your acceptance of these Terms of Use. Furthermore,
at various times within the AURN Web Site you may be required to click "Submit" or
similar buttons to register and participate in certain activities. Your act
of "clicking" the button signifies your further acknowledgement
and agreement with these Terms of Use. We will try to remind you at various
times of these Terms of Use and your agreement with them, and you are encouraged
to review them often. Please note, however, that our failure on any web page
to make specific notice of these Terms of Use does not mean that they are
not applicable. These Terms of Use apply to the entire AURN Web Site and
all services, functionality, features and content offered by us through the
AURN Web Site. If you are dissatisfied with these Terms of Use, your sole
remedy is to discontinue your use of this site.
2. Updates and Changes to the Terms of Use
We reserve the right, at any time, to modify, alter, update, or remove portions
of these Terms of Use, so please check them from time to time as your continued
use of the AURN Web Site after a change has been made signifies your acceptance
of any changed items. We may also add, delete or modify some or all of our
services at any time. You may only amend these Terms of Use with a writing
signed by both of us.
3. Ownership; Intellectual Property Rights
The AURN Web Site and all intellectual property rights included in or related
to the AURN Web Site (including but not limited to copyrights, trademarks,
service marks, domain name rights, patents and data rights), are owned or
licensed by us, and all right, title and interest in the AURN Web Site and
the intellectual property rights remain our or our licensors' property. You
may not reproduce, reverse engineer, decompile, disassemble, modify, create
derivative works with respect to, download or otherwise exploit for any commercial
use the AURN Web Site or any images, logos, trademarks or other content included
in the AURN Web Site. You may not remove any copyright, trademark or other
intellectual property or proprietary notice or legend contained on the AURN
Web Site or its content. All trademarks, service marks, brand names, and
corporate logos displayed on the AURN Web Site are the property of AURN or
its licensors, and may not be used in any way without prior written approval
by AURN.
4. Web Site Content and Information
The AURN Web Site contains information, text, and other materials that are
provided for your convenience and enjoyment. You should be aware that the
information might contain errors, omissions, inaccuracies, or outdated information.
AURN makes no representations or warranties as to the completeness, accuracy,
adequacy, currency, or reliability of any information and shall not be liable
for any lack of the foregoing.
5. Warranty Disclaimer
AURN Web Site. AURN provides all information on the AURN Web Site "AS
IS". You acknowledge that your use of the AURN Web Site is at your sole
risk, that you assume full responsibility for all costs associated with use
of the AURN Web Site, and that AURN shall not be liable for any damages of
any kind related to your use of the AURN Web Site. ALL FAULTS, AND THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH
YOU. WE MAKE NO WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE,
MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY
AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE AURN WEB SITE OR AGAINST INFRINGEMENT.
We do not warrant that the AURN Web Site will be uninterrupted or error free,
that defects will be corrected, or that the AURN Web Site or the server that
makes it available are free of viruses or other harmful components.
6. Limitations of Liability
AURN Web Site. NEITHER AURN NOR ANY OF OUR PARTNERS, LICENSORS, EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE TO
YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE AURN WEB SITE OR INABILITY
TO GAIN ACCESS TO OR USE THE AURN WEB SITE. FURTHERMORE, IN NO EVENT SHALL
OUR LIABILITY WITH RESPECT TO THE AURN WEB SITE EXCEED US$100.
THESE DISCLAIMERS OF TYPES OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY 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 THE AURN WEB SITE, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF
ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS AND
LIMITATIONS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN
SUCH STATES, DAMAGES SHALL BE DISCLAIMED AND LIMITED TO THE GREATEST EXTENT
PERMITTED BY SUCH STATE LAW.
7. Links to Third Party Websites
This site may contain links to other sites on the Internet that are owned and
operated by our third party licensors and other third parties. We are providing
these links solely as a convenience. The appearance of a link does not imply
our endorsement, nor are we responsible for the content of any linked site.
You access linked sites at your own risk, including reliance on the content
contained on or provided by such links or sites.
8. System Integrity
You may not use any device, software or routine, including but not limited
to any viruses, trojan horses, worms, time bombs, denial of service attacks
or other malicious code or routines, intended to damage or interfere with
the proper working of the AURN Web Site or to surreptitiously intercept or
expropriate any system, data or information from the AURN Web Site. You may
not take any action which imposes an unreasonable or disproportionately large
load on our infrastructure.
9. Privacy Policy
We recommend that you review our Privacy Policy [hyperlink] which is posted
on this AURN Web Site, and which is a part of these Terms of Use. We may
also amend the Privacy Policy from time to time.
10. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations
regarding your use of the site.
11. User Communications, Feedback and Submissions
This AURN Web Site may have functionality that permits certain communication
through the AURN Web Site. You agree not to submit, publish, distribute,
or transmit through the AURN Web Site any content that is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity rights,
abusive, illegal, hateful or racially or ethnically discriminatory, or that
would constitute or encourage a criminal or civil offense, or violate the
rights of any party, or would otherwise give rise to liability or violates
any law. By agreeing to these Terms of Use, you grant us a non-exclusive,
worldwide, perpetual, royalty free, irrevocable right to exercise all copyright
and publicity rights with respect to all such information you submit, publish,
distribute, or transmit through this site. You also agree that you will not
submit, publish, distribute, or transmit anything through the site that will
violate any right of any third party, including copyright, trademark, privacy
or other personal or proprietary rights. We do not endorse any information
posted by third parties on the AURN Web Site and we are not liable for any
such information, including but not limited to any information posted about
you. By its very nature, other people's information may be offensive, harmful,
inaccurate, or in some cases may be mislabeled or deceptively labeled. We
reserve the right to take any action with respect to information posted on
the AURN Web Site which we believe is appropriate in our sole discretion,
including but not limited to removal. However, we cannot, nor do we, monitor
or control the information provided by users or content providers which is
made available through our system.
12. Indemnification
You agree to indemnify, defend and hold us harmless from and against any and
all claims, demands, actions, costs, liabilities, losses and damages of any
kind (including attorneys' fees) resulting from your breach of any provision
of these Terms of Use and/or any intentional wrongdoing by you.
13. Governing Law and Jurisdiction
The AURN Web Site is controlled and operated by us from within the United States
of America. Although it may be technically accessed from all 50 states as
well as from other countries around the world, you agree that your use of
the AURN Web Site shall be construed to be made from within the Commonwealth
of Pennsylvania and you agree that these Terms of Use and your use of the
AURN Web Site shall be governed in all respects by the internal substantive
laws of the Commonwealth of Pennsylvania, without regard to conflict of laws
provisions. We specifically disclaim the applicability of the United Nations
Convention on the International Sale of Goods and the Uniform Computer Information
Transactions Act. You further submit to jurisdiction and venue in the state
and federal courts located in the Commonwealth of Pennsylvania and further
agree that any cause of action you may bring arising under your use of the
AURN Web Site shall be brought by you exclusively in a state or federal court
located in the Commonwealth of Pennsylvania.
14. Other General Provisions
No agency, partnership, joint venture, employee-employer or franchisor-franchisee
relationship is intended or created by these Terms of Use between you and
us. These Terms of Use are an agreement between you and us and are not intended
to be for the benefit of any third party. If any provision of these Terms
of Use is held to be invalid or unenforceable, such provision will be struck
and the remaining provisions enforced. Headings are for reference purposes
only. Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches. We
reserve the right to report any wrongdoing, if we become aware of it, to
the applicable government agencies or otherwise. These Terms of Use, and
all writings and web pages incorporated by reference into these Terms of
Use, set forth the entire understanding and agreement between us with respect
to the subject matter hereof.
15. How to Contact Us
E-mail: molear@sbcol.com
Local phone: 412 456-4000
U.S. Mail: American Urban Radio Networks
960 Penn Avenue
Pittsburgh, PA 15222
Attn: Michael O'Lear,
Information Technology Coordinator
16. Version; Update
This is version 1.0 of these Terms of Use. These Terms of Use were last updated
on January 24, 2003.