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S. Jenell and J. Rickel Edits /LS&L - 03/06/2007 at 9:00PM
TheSavingZone.com TERMS OF USE AGREEMENT
· Eligibility and Acceptance of Terms · Copyright, Trademark, And Proprietary Rights · Copyright Infringement Notification · Contests, Sweepstakes and Other Membership Activities · Advertising and Other Third Party Content · Hyperlinks to Third Party Websites · Modification, Suspension or Discontinuance · Security · Indemnification and Limitation of Liability
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Legal Venue, General and Contact Information ELIGIBILITY AND ACCEPTANCE OF TERMS Welcome to TheSavingZone.com (the "Site," "us" or "we"), a joint marketing venture of CBS Radio Inc., CBS Radio Inc. of Los Angeles, and CBS Radio East Inc. (collectively, “CBS Radio – Los Angeles”), which includes the following stations KCBS-FM, KFWB-AM, KFRG-FM, KLSX-FM, KNX-AM, KRTH-FM, KROQ-FM and KTWV-FM ("Stations"). This site is owned and operated by CBS Radio Inc. ("Owner"). 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 age and residency requirements of the Site. This page states the terms and conditions forming the agreement under which you may use TheSavingZone.com. 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. 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 the specific Rules of Participation for the activity in which you choose to participate, this Agreement shall govern. 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 indemnification, warranties and limitations of liability. TheSavingZone.com 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 owned or under the control of CBS Radio Inc. 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-commercial, 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. Without express written approval of CBS Radio Inc., you also agree not to reproduce display or use in any manner the Stations’ names and call letters, domain names, logos, slogans, and contest and program names. 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, non-commercial 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 Site. Accessing, viewing, or downloading 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. 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 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 will be the subject of infringing activity and that is to be removed or disabled, in addition to 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.
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 expeditiously
remove or disable access to any posted submission for which we have
received a notice of claimed copyright infringement 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. We
will also terminate the membership or account of any person that
violates these provisions or repeatedly posts infringing material. 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, not the 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, abusive, hateful, or embarrassing 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 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. TheSavingZone.com does not regularly review, screen or monitor the Site and assumes no obligation to do so and will not be liable or responsible to any user for performance or non-performance of such material. If notified by a user of any Posting or communication which allegedly does not conform to this Agreement, the Site may in its sole discretion investigate the allegation and may thereafter determine, in its sole discretion, whether or not to remove or request the removal of the material. You understand, acknowledge and agree that the Site reserves 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 the Site's 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 is an important communications channel for TheSavingZone.com and CBS Radio. 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 Stations’ programming. 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 Stations and this Site 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
will 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 as 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. 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 Stations 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.
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. To participate in
various activities on the Site, you will be asked to provide certain
true, complete and current Personal Information and Sensitive Personal
Information. All 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.
MODIFICATION, SUSPENSION OR DISCONTINUANCE The Site reserves the right, at its sole discretion, at any time to modify or discontinue the service (or any part thereof) offered on the Site, on a temporary or permanent basis, with or without notice. You understand, acknowledge and agree that the Site will not be liable to you or to any third party for any such modification, suspension or discontinuance of the service offered by the Site.
The Site’s loyal listener/user and other membership activities are to be accessed only by registered users of the Site which should have only one unique user name with one unique password. If you are found to share passwords with any non-registered member we will terminate your membership immediately without notice.
As a user of this Site, the following actions are also prohibited:
1.
The Site's loyal listener/user and
other membership activities are to be accessed only by registered users
of the Site which should have only one unique user name with one unique
password. If you are found to share passwords with any non-registered
member we will terminate your membership immediately without notice. The
following actions are also prohibited: 2. Attempting to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Site without proper authorization. 3. Forging any headers or otherwise manipulation of Site identifiers in order to disguise the origin of transmission through the Site. 4. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," “spoofing,” "mailbombing," “spimming,” “phishing,” or "crashing" the Site or the server of any user. 5. Sending unsolicited commercial email individually or in bulk (also called, Spam), which promotes or advertises the Stations, the Site, or any other activity, program, product, or service. 6. Harvesting email addresses off this Site through an automated process. 7. Bypassing this Site’s homepage via deep-linking or any other means, or framing this Site, or any webpage or material on the Site without the express written permission from CBS Radio. Users are also prohibited from hyperlinking to this Site or any webpage in an email sent for commercial purposes, without the express written permission of CBS Radio. 8. Attempting to gain unauthorized access to the Site’s features or activities, interfering with or manipulating in any manner the entry or registration process for contests, sweepstakes, surveys, opinion polls, chat rooms, message or bulletin boards, or any other interactive features and activities on this Site. 9. Falsifying identification or impersonating any person or entity, including, but not limited to, a Site or Stations’ official, chat room or public forum leader, host, or guide, when accessing or participating in such features and activities. 10. Setting up fake sites or other dummy sites that appear to be the Site, mirroring the Site’s contents, or otherwise copying any part of the Site Material and/or layout. Violations of the Site’s system or network security may result in civil or criminal liability. The Site will investigate possible violations of system or network security and may involve, and cooperate with a user’s employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. The Site will also terminate the membership of any person that the Site believes, in its sole judgment, to have violated its security provisions.
The Site and its Material may contain technical inaccuracies, typographical errors, and out of date information. The Site makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material, and the Site makes no warranty that the Site will meet your requirements. You understand, acknowledge, and agree that the use of the Site and the Material is at your own risk. The Site reserves the right to make changes to the Site and Material at any time. IN NO EVENT SHALL THE SITE, ITS OWNER AND OPERATOR,
PARENT COMPANY(S), CORPORATE AFFILIATES, SUCCESSORS OR ASSIGNS, AND THE
SITE’S ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS, AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, STOCKHOLDERS,
REPRESENTATIVES AND AGENTS, ASSUME OR HAVE ANY RESPONSIBILITY OR
LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY,
PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY SUCH DAMAGES
RESULTING FROM LOST PROFITS, LOST DATA, LOST SAVINGS, LOSS OF GOOD WILL,
OR YOUR USE OR YOUR INABILITY TO USE THE SITE, OR BUSINESS INTERRUPTION
RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, OR THE USE AND/OR
APPEARANCE OF THE MATERIAL ON THIS SITE, ACCESS TO ANY HYPERLINK ON THIS
SITE, UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL
INFORMATION OR TRANSMISSIONS, OR ANY OTHER INTANGIBLE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Except for matters related to copyright, trademark, or patent, which shall be governed by United States federal law, this Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York. You agree to submit to the personal jurisdiction of the courts in the state of New York for any cause of action arising out of this Agreement. If any provision of this Agreement is found to be invalid by any
court having competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver of any
term of this Agreement shall be deemed a further or continuing waiver of
such term or any other term. Except as expressly provided in a
particular "Legal Notice," or Software License or material on particular
Web pages, this Agreement constitutes the entire agreement between you
and the Site with respect to the use of Site.
This Terms of Use Agreement was last updated on March 6, 2007 and is effective immediately.
TM & © 2007 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO & EYE Logo TM & © 2007 CBS Broadcasting Inc. used under license. All Rights Reserved.
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