Quick Guide to Contents
- Non-Commercial Use
- Mobile Devices
- Proprietary Rights in the Websites
- User Content Posted on the Websites
- Copyright Policy
- Site Promotion
- U.S. Export Controls
- Site Promotion
- Disputes and Arbitration
This Agreement sets out the legally binding terms for your use of the Websites. We may modify this Agreement from time to time and such modification shall be effective upon posting by us on the Websites. You agree to be bound to any changes to this Agreement when you use the Websites after any such modification is posted. This Agreement includes WJFD’s policy for acceptable use and content posted on the Websites and your rights, obligations and restrictions regarding your use of the Websites. You may also receive a copy of this Agreement by emailing us.
YOU MAY NOT USE THE WEBSITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO REJECT, REFUSE TO POST OR REMOVE ANY POSTING BY YOU, OR TO RESTRICT, SUSPEND, OR TERMINATE YOUR ACCESS TO ALL OR ANY PART OF THE WEBSITES AT ANY TIME, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT, OR FOR ANY OTHER REASON, OR NO REASON, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY.
By registering for the Websites, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Websites will not violate any applicable law or regulation. Your personal profile may be deleted without warning if it is found that you are misrepresenting your age. Your registration is solely for your personal use, and you shall not authorize others to use your account, including your personal profile or email address. You are solely responsible for all content published or displayed through your account and for your interactions with other registered users. You may only register once for the Websites. If you would like to change your user name, please email us. Multiple registrations will result in the removal of your registration privileges under any user name. We reserve the right to delete user names which might be considered objectionable.
This Agreement shall remain in full force and effect while you use the Websites. You may terminate your registration at any time, for any reason, by contacting us. We may terminate your registration for any reason and at any time, effective upon sending notice to you at your registered email address. Even after registration is terminated, this Agreement will remain in effect. This Agreement may change from time to time.
- Non-Commercial Use
The Websites are provided for your personal and non-commercial use only. The Websites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of WJFD. Illegal and/or unauthorized use of the Websites, including collecting user names by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Websites is not permitted. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from personal profiles without notice. Appropriate legal action will be taken by us for any illegal or unauthorized use of the Websites.
- Mobile Devices
If permitted or available through any mobile application offered by WJFD (collectively, the “Mobile App”), to (a) upload content to the Websites via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Websites from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which makes the Mobile App available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Mobile App, including, but not limited to, if the Websites contain a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Mobile App and to use the Mobile App. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with the Websites’ operations or the Mobile App. Any equipment or software causing interference will be immediately disconnected from the Mobile App and we will have the right to immediately terminate this Agreement. Any new or additional features that augment or enhance the Mobile App will be subject to the terms and conditions of this Agreement.
- Proprietary Rights in the Websites
The Websites contain copyrighted material, trademarks, and other proprietary information of WJFD. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. RSS feeds may be republished so long as they are not modified in any way. Any software that is made available to access, use, view and/or download in connection with the Websites (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by WJFD and/or its licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. WJFD accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
- User Content Posted on the Websites.
(a) WJFD does not control and is not responsible for any reader comments, personal profiles, information and photographs contained in personal profiles, messages to other registered users, ideas, suggestions, opinions, concepts or other material, or files delivered to WJFD by you or other users (collectively, “User Content”). WJFD is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Content. However, WJFD reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Content, in whole or in part, with or without notice. WJFD is not responsible or liable for damages of any kind arising from any User Content even when WJFD is advised of the possibility of such damages, or from WJFD’s alteration or deletion of any User Content.
(b) By posting any User Content to the public areas of the Websites, you hereby grant to WJFD the non-exclusive, fully paid, worldwide license to use, publicly perform and display such User Content on the Websites. User Content posted to the public areas of the Websites may be used on the air on the radio station, the radio station’s affiliate stations or the streaming station for commercial or entertainment use. This includes but is not limited to comments, video, audio, photos and all other content posted to public areas of the Websites. If you would like to request that any of your User Content be removed from the Websites, please contact us. We will consider your request, but have the right to deny any request if we determine in our sole discretion that removal of the User Content in question would harm the experience of our users on the Websites. You represent and warrant that: (i) you own the User Content posted by you on the Websites or otherwise have the right to grant the license set forth in this section, and (ii) your User Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for any and all damages, including royalties and fees, including attorneys fees, owing any person by reason of any User Content you post on the Websites.
(c) The following is a partial list of the kind of User Content that is illegal or prohibited on the Websites. WJFD reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Websites and terminating the registration of such violators. Prohibited User Content includes User Content that:
- contains telephone numbers, street addresses, or last names of any person;
- consists of photographs containing nudity, violence, or offensive subject matter;
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to a personal profile.
(d) You must use the Websites in a manner consistent with any and all applicable laws and regulations.
(e) You may not engage in advertising to, or solicitation of, any user of the Websites to buy or sell any products or services. You may not transmit any chain letters or junk email to other users of the Websites. It is also a violation of these rules to use any information obtained from the Websites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user of the Websites without their prior explicit consent.
(f) You may not cover or obscure any advertisements on your personal profile page or any other page of the Websites via HTML/CSS or any other means.
(g) Any automated use of the system, such as using scripts, is prohibited.
(h) You may not attempt to impersonate another registered user or person who is not a registered user of the Websites.
(i) You may not use the account, user name, or password of another registered user at any time nor may you disclose your password to any third party or permit any third party to access your account.
(j) You may not sell or otherwise transfer your personal profile.
- Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Websites in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Websites; (d) your address, telephone number, and email address; (f) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please send the foregoing to:WJFD-FM, Inc.651 Orchard Street, Suite 300 New Bedford, MA 02744
The opinions expressed in any content posted on the Websites are not necessarily the opinions of WJFD. WJFD is not responsible for any incorrect or inaccurate content posted on the Websites, whether caused by users of the Websites or by any of the equipment or programming associated with or utilized by the Websites. WJFD is not responsible for the conduct, whether online or offline, of any user of the Websites. WJFD assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. WJFD is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Websites or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Websites. Under no circumstances shall WJFD be responsible for any loss or damage, including personal injury or death, resulting from use of the Websites or from any content posted on the Websites or transmitted to registered users, or any interactions between users of the Websites, whether online or offline, even as a result of negligence by WJFD. The Websites are provided “AS-IS” and WJFD expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WJFD cannot guarantee and does not promise any specific results from use of the Websites.
- Limitation on Liability
IN NO EVENT SHALL WJFD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITES, EVEN IF WJFD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WJFD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.
- U. S. Export Controls.
Software from the Websites (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Websites or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other Country to which the United States has embargoed goods; or (b) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Site Promotion
WJFD may make use of or refer to User Content for the purpose of promotion of the Websites. Such promotion will involve taking screen shots of a particular area of the Websites and using that screen shot as a graphic in an advertisement. Promotion may also include quoting User Content or playing audio or video posted to the public areas of the Websites on the WJFD radio stations or streaming stations. WJFD makes no claim of ownership to such User Content.
- Disputes and Arbitration
Any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement and to the performance by WJFD or you, shall be resolved by mandatory and binding arbitration submitted to the American Arbitration Association in accordance with its Commercial Arbitration Rules at the request of either WJFD or you pursuant to the following conditions:
(a) Place of Arbitration Hearings. Arbitration hearings hereunder shall be held in Dallas, Texas.
(b) Selection of Arbitrator. Within 15 days after the commencement of arbitration, WJFD and you shall each select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
(c) Conduct of Arbitration. The arbitrators shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator shall have no power or authority to amend or disregard any provision of this section 13 or any other provision of this Agreement. The arbitration hearing shall be commenced promptly and conducted expeditiously, with each of you and WJFD being allocated one-half of the time for the presentation of its case. Unless otherwise agreed by the parties, an arbitration hearing shall be conducted on consecutive days.
(d) Findings and Conclusions. The arbitrators shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrators shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(e) Costs and Fees. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The prevailing party shall be entitled to an award of reasonable attorney fees.
(f) Litigation. Either party also may, without waiving any remedy under this agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
(g) Jurisdiction. The parties consent to venue in Texas and to the non-exclusive jurisdiction of competent Texas state courts or federal courts in the Northern District of Texas for all litigation which may be brought, subject to the requirement for arbitration hereunder, with respect to the terms of, and the transactions and relationships contemplated by, this Agreement.
(h) Class Action Waiver. Without limiting the generality of the foregoing, you hereby agree to waive any class action proceeding or counterclaim against WJFD, its affiliates, successors or assigns, whether at law or equity, regardless of which party brings suit. This waiver shall apply to any matter whatsoever between the parties hereto which arises out of or is related in any way to this Agreement or your use of the Websites.
You agree to indemnify and hold WJFD, its subsidiaries, affiliates, officers, directors, agents, and other partners and employees, harmless from and against any and all claims, actions, demands, liabilities, costs and expenses (whether relating to breach of contract, personal injury, death, property damage or otherwise), including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of the Websites or participation in any offline WJFD event.. You agree to cooperate fully with WJFD Media in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
This Agreement is accepted upon your use of the Websites and is further affirmed by your registration. This Agreement constitutes the entire agreement between you and WJFD regarding the use of the Websites. The failure of WJFD to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.