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Acceptance of Terms Through Use.
Welcome to www.WLUP-FM.com, a website operated by Emmis Communications
Corporation (hereinafter "Emmis") and WLUP-FM. Please read
the following terms and conditions carefully, as they govern your
use of the www.WLUP-FM.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 WLUP-FM 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,
WLUP-FM, 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, WLUP-FM, 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_WLUP-FM@WLUP-FM.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_WLUP-FM@WLUP-FM.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 WLUP-FM. All Rights Reserved.
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