Terms of Service
1. Acceptance of Terms
Welcome to Energy103104.com. Energy 103/104-Northwest Broadcasting Inc. provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Energy 103/104-Northwest Broadcasting Inc. owned or operated services, you and Energy 103/104-Northwest Broadcasting Inc. shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.
2. Description of Service
Energy 103/104-Northwest Broadcasting Inc. currently provides users with access to a collection of resources, including forums, search services, and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Energy 103/104-Northwest Broadcasting Inc. to provide the Service. You also understand and agree that the service may include certain communications from Energy 103/104-Northwest Broadcasting Inc. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Energy 103/104-Northwest Broadcasting Inc. properties, shall be subject to the TOS. You understand and agree that the Service is provided "as is" and that Energy 103/104-Northwest Broadcasting Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Your Registration Obligations
In consideration of your use of the Service, you represent you are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Energy 103/104-Northwest Broadcasting Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Energy 103/104-Northwest Broadcasting Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
5. Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Energy 103/104-Northwest Broadcasting Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Energy 103/104-Northwest Broadcasting Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Energy 103/104-Northwest Broadcasting Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Energy 103/104-Northwest Broadcasting Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- harm minors in any way
- impersonate any person or entity, including, but not limited to, a Energy 103/104-Northwest Broadcasting Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, provincial, federal or international law. Stalk or otherwise harass another; or collect or store personal data about other users.
You acknowledge that Energy 103/104-Northwest Broadcasting Inc. does not pre-screen Content, Energy 103/104-Northwest Broadcasting Inc. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Energy 103/104-Northwest Broadcasting Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Energy 103/104-Northwest Broadcasting Inc. or submitted to Energy103104.com, including without limitation information in Energyfm.fm Response Boards, and in all other parts of the Service.
You acknowledge, consent and agree that Energy 103/104-Northwest Broadcasting Inc. may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Energy 103/104-Northwest Broadcasting Inc., its users and the public.
7. Content Submitted or Made Available for Inclusion on the Service
Energy 103/104-Northwest Broadcasting Inc. does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Energy 103/104-Northwest Broadcasting Inc. the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove such Content from the Service.
"Publicly accessible" areas of the Service are those areas of the Energy 103/104-Northwest Broadcasting Inc. network of properties that are intended by Energy 103/104-Northwest Broadcasting Inc. to be available to the general public. By way of example, publicly accessible areas of the Service would include Energy 103/104-Northwest Broadcasting Inc. Contests and feedback areas.
You agree to indemnify and hold Energy 103/104-Northwest Broadcasting Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. General Practices Regarding Use and Storage
You acknowledge that Energy 103/104-Northwest Broadcasting Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that ads appear, maximum word counts or other uploaded Content will be retained by the Service. You agree that Energy 103/104-Northwest Broadcasting Inc. has no responsibility or liability for the deletion or failure to store any content or other communications transmitted by the Service. You acknowledge that Energy 103/104-Northwest Broadcasting Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Energy 103/104-Northwest Broadcasting Inc. reserves the right to modify these general practices and limits from time to time.
11. Modifications to Service
Energy 103/104-Northwest Broadcasting Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Energy 103/104-Northwest Broadcasting Inc. shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
You agree that Energy 103/104-Northwest Broadcasting Inc. may, under any circumstances and without prior notice, immediately terminate your Energy103104.com account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and extended periods of inactivity. Termination of your Energyfm.fm account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in the sole discretion of Energy 103/104-Northwest Broadcasting Inc. and that Energy 103/104-Northwest Broadcasting Inc. shall not be liable to you or any third-party for any termination of your account or access to the Service.
13. Energy 103/104-Northwest Broadcasting Inc. Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Energy 103/104-Northwest Broadcasting Inc., you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
14. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Energy 103/104-Northwest Broadcasting Inc. expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Energy 103/104-Northwest Broadcasting Inc. makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
15. Limitation of Liability
You expressly understand and agree that Energy 103/104-Northwest Broadcasting Inc. shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Energy 103/104-Northwest Broadcasting Inc. has been advised of the possibility of such damages), resulting from: (i) the use of the inability to use the Service, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, (iii) unauthorized access to or alteration of your transmissions or data, (iv) statements or conduct of any third-party on the Service, or (v) any other matter relating to the Service.
16. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.
Energy 103/104-Northwest Broadcasting Inc. may provide you with notices, including those regarding changes to the TOS, by postings on the Service.
18. Trademark Information
The Energy 103/104-Northwest Broadcasting Inc. trademarks and service marks and other Energy 103/104-Northwest Broadcasting Inc. logos and product and service names are trademarks of Energy 103/104-Northwest Broadcasting Inc. Without Energy 103/104-Northwest Broadcasting Inc. prior permission, you agree not to display or use in any manner, the Energy 103/104-Northwest Broadcasting Inc. Marks.
19. General Information
The TOS constitute the entire agreement between you and Energy 103/104-Northwest Broadcasting Inc. and govern your use of the Service,
Please report any violations of the TOS to firstname.lastname@example.org.