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These Terms of Use are dated January 01, 2009 and are effective immediately.
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TABLE OF CONTENTS
1. ELIGIBILITY AND ACCEPTANCE OF TERMS AND CONDITIONS
This website is owned and operated by CBS Radio Inc., a Delaware corporation ("Owner and Operator" or "CBS Radio"). These Terms of Use govern your use of play.it, the official website for the play.it online radio service and your use of the different versions of the CBS Radio Internet radio player that can be accessed from the play.it website, the websites of various CBS radio stations and the websites of third parties. The play.it website and the various versions of the CBS Radio Internet radio player are collectively referred to herein as the "Site," "us" "our" or "we". The websites from which you accessed the CBS Radio Internet radio player may be governed by terms of use that are different than these Terms of Use. Please refer to those websites for details of their terms of use.
The words "use" or "using" in these Terms of Use means any time an individual or entity (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. The terms "you," "your" and "user" as used in these Terms of Use refer to all individuals or entities accessing the Site for any purpose whatsoever.
This page states the terms and conditions forming the agreement under which you may use the Site. Please read this page carefully. If you do not accept these Terms of Use, please do not use the Site. By using the Site, you understand, acknowledge and agree that you will abide by these Terms of Use 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") for certain activities and services including but not limited to loyal listener/user clubs, awards programs, contests, sweepstakes, and email services. The Site's Additional Terms, Privacy Policy, and the Rules are hereby incorporated in these Terms of Use by reference. To the extent that there is a conflict between these Terms of Use and the Additional Terms or Rules for the activity in which you choose to participate, the Additional Terms or Rules shall govern. These Terms of Use 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 these Terms of Use, any Additional Terms or Rules, including, without limitation, any indemnifications, warranties and limitations of liability.
2. CHANGES TO THESE TERMS OF USE
The Owner and Operator may revise these Terms of Use at any time by updating this posting without advance notice to you. We will notify you of material changes. (You are responsible for keeping your email address up to date as we may notify you by email.) Such revisions are effective upon notice. Your continued use of the Site upon posting will indicate that you have affirmatively agreed to any such changes. You should visit the Site periodically to review these Terms of Use as they are a binding agreement between you and the Owner and Operator of the Site.
3. COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS
The contents of the Site, excluding user generated content but including, without limitation, all software, design, logos, graphics, artwork, images, photographs, audio clips, video clips, and other material, including, without limitation, the selection and arrangements thereof, copyrights, trademarks, service marks and trade names (the "Material"), are owned or under the control of CBS Radio, 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 and treaties. Unauthorized use of the Material may violate such laws and treaties.
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 written approval of CBS Radio. You also agree not to reproduce, display or use in any manner, the Site's or Advertisers' trademarks, including without limitation, CBS RADIO and any streaming radio station or channel names and call letters, domain names, logos, slogans and contest and program names or logos without the express written approval of CBS Radio. 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 Site. CBS Radio may make the Site available for embedding on your own or a third party website provided you comply with any express Additional Terms CBS Radio specifies in connection with such embedding.
Accessing, viewing or downloading the Materials may not be lawful by certain persons or in certain countries. 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. You also understand, acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited.
Notwithstanding any statement to the contrary in these Terms of Use, 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., Microsoft Internet Explorer or Mozilla Firefox).
4. 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 the 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:
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.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site.
Identification of material claimed to be infringing 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.
Information reasonably sufficient to permit us to contact the complaining party, such as the party's name, address and daytime telephone number, and an email address, if available.
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.
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.
The 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 the 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. We will also terminate the membership or use of any repeat infringer.
5. USER CONDUCT
The 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 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, tortious, 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 these Terms of Use, 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 these Terms of Use 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, and that by Posting on the Site, the use and exploitation of the Posting may subject you to risk of notoriety, publicity, ridicule, scorn and/or indignity.
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, without limitation, 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 these Terms of Use. 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.
6. EMAIL
Email is an important communications channel for the Site 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 programming or operations of radio stations owned and operated by CBS Radio or its direct or indirect subsidiaries. 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 Site, CBS Radio and its corporate affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such content without restriction.
7. 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.
8. 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 membership or registration at any time, delete any or all of your Postings, block access to your membership 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, the Site may provide Public Areas that enable users to interact with other users, Site employees, staff and talent, and 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 these Terms of Use:
Posting a profile for anything other than to participate in online discussion via the Public Area.
Sending a message to a user for any reason other than to participate in online discussions.
Deleting or revising any content or material posted by any other person or entity.
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting for any reason.
9. ADVERTISING AND OTHER THIRD PARTY CONTENT
The Site provides banner and general advertising, and other content provided by our Advertisers. You understand, acknowledge, and agree that such third party content on the Site is not an endorsement by the Station of the goods, services or messages conveyed in the content or the business practices (including, without limitation, 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, any resulting contractual agreements are solely between the Advertiser and the user. You further agree that the Site is not responsible for enforcing any terms, conditions, representations and warranties made by Advertisers or other third parties in connection with an agreement between such Advertiser and users of the Site, or the purchase of goods and services offered by Advertisers or other third parties.
10. HYPERLINKS TO THIRD PARTY WEBSITES
The 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, without limitation, 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 web pages or websites while still viewing a header or border from the 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, CBS Radio, its affiliated entities, their advertisers, operational service providers, their respective officers, directors, shareholders, employees, representatives and agents and all of their successors and assigns, 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.
11. SHOPPING & E-COMMERCE
The 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 the Site.
If a Product sold on the 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 THESE TERMS OF USE, 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.
12. 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 these Terms of Use. For more information, see our official Privacy Policy. In connection with your use of certain versions of the CBS Radio Internet radio player information may be collected by, or provided by CBS Radio to, the third party owner of the website from which you accessed the CBS Radio Internet radio player. Such third party’s use of the information may be governed by such third party’s 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 (a) if required to do so by law or to comply with legal processes; (b) 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 (c) to protect the rights, property or safety of the Site, CBS Radio, its affiliated entities, their advertisers, operational service providers, their respective officers, directors, shareholders, employees, representatives and agents, all of their successors and assigns, users and members of the public.
13. 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) 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.
14. SECURITY OF THE SITE
The Site's membership activities are to be accessed only by registered users of the Site each of whom 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 the Site, the following actions are also prohibited:
Accessing data not intended for such user or logging into a server or account which the user is not authorized to access.
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.
Forging any headers or otherwise manipulating Site identifiers in order to disguise the origin of transmission through the Site.
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," "mailbombing," "spimming," "phishing" or "crashing" the Site or the server of any user.
Sending unsolicited commercial email individually or in bulk (also called, Spam), which promotes or advertises the Site, or any other activity, program, product or service.
Harvesting email addresses off the Site through an automated process.
Bypassing the Site's homepage via deep-linking or any other means, or framing the Site or any web page or material on the Site, without the express written permission of CBS Radio. Users are also prohibited from hyperlinking to the Site or any web page in an email sent for commercial purposes, without the express written permission of CBS Radio.
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 the Site.
Falsifying identification or impersonating any person or entity, including, but not limited to, a Site or CBS Radio official, chat room or public forum leader, host or guide, when accessing or participating in such features and activities.
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.
15. INDEMNIFICATION AND LIMITATION OF LIABILITY
You understand, acknowledge, and agree to defend, indemnify, and hold harmless the Site, CBS Radio, its affiliated entities, their advertisers, operational service providers, their respective officers, directors, shareholders, employees, representatives and agents, all of their successors and assigns and others involved in creating, promoting, or otherwise making available the Site, from and against any claims, actions, costs, expenses and demands, including, without limitation, reasonable legal and accounting fees, resulting from any content you submit, post to or transmit through the Site, your use of the Site, your violation of these Terms of Use, your violation of any rights of another or otherwise arising out of your use of the Site in any manner. The Site will attempt to provide notice to you promptly of any such claim, suit or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit or proceeding. We reserve the right to take exclusive control and defense of any such claim subject to indemnification by you, in which event you will cooperate fully with CBS Radio in asserting any available defenses.
The Site and its Material may contain technical inaccuracies, typographical errors and out of date information. CBS Radio and the Site make no representations about the accuracy, reliability, completeness or timeliness of the Site or the Material, and CBS Radio 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. CBS Radio reserves the right to make changes to the Site and Material at any time.
IN NO EVENT SHALL THE SITE, CBS RADIO, ITS AFFILIATED ENTITIES, THEIR ADVERTISERS, OPERATIONAL SERVICE PROVIDERS, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS AND ALL OF THEIR SUCCESSORS AND ASSIGNS, 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, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, LOST SAVINGS, LOSS OF GOOD WILL, YOUR USE OR YOUR INABILITY TO USE THE SITE, BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE USE AND/OR APPEARANCE OF THE MATERIAL ON THE SITE, ACCESS TO ANY HYPERLINK ON THE 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.
16. DISCLAIMER OF WARRANTIES
CBS RADIO AND THE SITE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER OR SOFTWARE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE, SOFTWARE, OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING ANY EQUIPMENT OR DATA, YOU UNDERSTAND ACKNOWLEDGE AND AGREE THAT THE SITE AND CBS RADIO ARE NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CBS RADIO AND THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE AND CBS RADIO MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, VIDEO CLIPS, AUDIO CLIPS, GRAPHICS AND ARTWORK, IMAGES, PHOTOGRAPHS, OTHER MATERIAL, LINKS AND OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THESE TERMS OF USE MAY NOT APPLY TO YOU BY OPERATION OF LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, YOU UNDERSTAND AND AGREE THAT THE AGGREGATE LIABILITY OF THE SITE AND CBS RADIO TO USERS FOR ALL CLAIMS ARISING FROM YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THE SITE OR ANY OF THE MATERIAL OR SOFTWARE IS LIMITED TO $1.00 (ONE DOLLAR AND ZERO CENTS)
17. USER TERMINATION
The Site reserves the right, at its sole discretion, to terminate your membership or registration at any time, delete any or all of your Postings, or block access to the Site and/or any other service provided to you. The Site reserves the right to take such actions, with or without notice, for any reason or for no reason, and without any liability to the account holder or user.
18. LEGAL VENUE, GENERAL AND CONTACT INFORMATION
Except for matters related to copyright, trademark or patent, which shall be governed by U.S. federal and/or state law, these Terms of Use are 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 these Terms of Use shall lie exclusively with the state or federal courts within New York County. 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 these Terms of Use.
If any provision of these Terms of Use, or the application thereof to any person or circumstances, is found to be invalid or for any reason, unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in these Terms of Use, in a particular "Legal Notice," or Software License or material on particular web pages, these Terms of Use constitute the entire agreement between you and the Site with respect to the use of the Site.
No changes to these Terms of Use shall be made except by a revised posting on this page and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms of Use, unless such an amendment, waiver or change is in writing from an authorized officer or representative of CBS Radio.
The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.
If you have any questions regarding these Terms of Use, please contact the Site's Privacy Administrator via email at privacyadministrator@play.it, or contact:
play.it
1515 Broadway, 46th Floor
New York, NY 10036
Attn: Your California Privacy Rights
c/o Privacy Administrator