CBSRadioDetroit.com TERMS
OF USE AGREEMENT
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TABLE OF CONTENTS
This Terms of Use Agreement does not cover Enticent (which operates Rewards
Points), Match-Link.com (which operates the Dateline), RadioTraks (which
operates the Listener Advisory Board), CBSNews.com, CBS.com & CBSGames.com.
Please see the separate terms and conditions for "CBSNews.com,
"CBS.com
& CBSGames.com.
ELIGIBILITY AND ACCEPTANCE
OF TERMS AND CONDITIONS
Welcome to StandUpBeProud.com (the “Site," “us" or “we"), an official
website of CBS Radio, Detroit, Michigan (“Station"). This site is owned
and operated by CBS Radio Inc. (“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.
CBS Radio Detroit 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 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.
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, 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
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 registration at any time, delete any
or all of your postings, block access to your registration 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 may enable users to interact with other users, on-air talent and other
Station personnel, and/or 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.
ADVERTISING AND OTHER THIRD
PARTY CONTENT
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.
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 the other users or
the general public (which includes, but is not limited to, contests, emails
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 Station, the Site, its corporate affiliates, Advertisers, employees,
suppliers, operational service providers, users and members of the public.
MODIFICATION, SUSPENSION
OR DISCONTINUANCE OF SITE
The Site reserves the right, at its sole discretion and at any time, to
modify or discontinue the service (or any part thereof) off
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