Terms and Conditions

Terms & Conditions

1. ACCEPTANCE OF TERMS
Westwood One, Inc. (“WestwoodOne,” “we,”  “us,” or “our”) welcomes you. We’re excited that you have decided to access and  use www.westwoodone.com site and other websites and  applications owned or operated by WestwoodOne or its affiliates and partners  where these Terms and Conditions are posted (collectively, the “Sites”).

WestwoodOne provides you access to the  Sites subject to the following Terms and Conditions of Use, which may be  updated by us from time to time without notice to you. By accessing and using  the Sites, you acknowledge that you have read, understood and agree to be  legally bound by the terms and conditions of these Terms and Conditions of Use  and the terms and conditions of WestwoodOne’s Privacy Policy, which are hereby  incorporated by reference (collectively, this “Agreement.”). If you do not  agree to any of these terms, then please do not access or use the Sites.

2. COMMUNITY GUIDELINES
Our community, like any community,  functions best when its people follow a few simple rules. By accessing and/or  using the Sites, you hereby agree to comply with these community rules and  that:

  • You will conduct yourself in a mature manner that lends itself to  civil discourse;
  • You will not use the Sites for any  unlawful purpose or to engage in any commercial activities, including, without  limitation, raising money; advertising or promoting a product, service, or  company; or engaging in any pyramid or other multi-tiered marketing scheme;
  • You will not upload, post, e-mail, transmit, or otherwise make  available any content that:
    infringes  any copyright, trademark, or other proprietary rights of any person or entity;  or
    is  threatening, tortious, defamatory, libelous, indecent, obscene, pornographic,  invasive of another’s privacy, or promotes violence; or discloses any personal information about another person, including  that person’s name, e-mail address, postal address, phone number, credit card  information, or any similar information;
  • You will not impersonate any person or entity or falsely state or  otherwise misrepresent your affiliation with a person or entity;
  • You will not “stalk” or otherwise harass another; and
  • You will not interfere with or attempt to interrupt the proper  operation of the Sites through the use of any virus,  device, information collection or transmission mechanism, software or routine,  or access or attempt to gain access to any data, files, or passwords related to  the Sites through hacking, password  mining, or any other means.

Please be aware that the majority of the  content found on or through the Sites is for general audiences, but there may  be certain adult or mature content. Accordingly, individuals who are less than  13 years of age should not use the Sites. If you do use the Sites, you  represent and warrant that you are at least 13 years of age.

We reserve the right, in our sole and  absolute discretion, to deny you access to the Sites, or any portion of the  Sites, without notice.

3. SIGN-IN NAME; PASSWORD; UNIQUE  IDENTIFIERS
During the registration process for the  Sites, we will ask you to create an account, which includes a unique username  (“Username”), password (“Password”), and perhaps certain additional information  that will assist in authenticating your identity when you log-in in the future  (“Unique Identifiers”). When creating your account, you must provide true,  accurate, current, and complete information. Each Username and corresponding  Password can be used by only one registered user. You are solely responsible  for the confidentiality and use of your Username, Password, and Unique  Identifiers, as well as for any use, misuse, or communications entered through  the Sites using one or more of them. You agree to (a) immediately notify WestwoodOne  of any unauthorized use of your Password, Username, and/or Unique Identifiers,  and (b) ensure that you exit from your account at the end of each session. WestwoodOne  reserves the right to delete or change your Password, Username, or Unique  Identifier at any time and for any reason. WestwoodOne will not be liable for  any loss or damage caused by any unauthorized use of your account.

4. PAYMENT
If you order anything from WestwoodOne  requiring payment, you hereby agree that WestwoodOne may immediately authorize  your credit card (or other approved facility) for payment for the services  and/or products ordered under your Password (as defined below).
As set forth more fully in Section 3  above, you must keep your password strictly confidential. You are fully  responsible for all activities that occur under your Password, and you agree to  be personally liable for all charges incurred under your Password. Your  liability for such charges shall continue after termination of this Agreement.

If you have a question about a  transaction on your credit card statement, please use the “Contact  Us” section of the Site to contact customer service.

5. INTELLECTUAL PROPERTY
The Sites and all of their content  including, but not limited to, audio streams, articles, other text,  photographs, illustrations, graphics, product names, designs, logos, video  material, and audio clips (collectively, “the Site Materials”) are protected by  copyright, trademark, and other laws of the United States, as well as  international conventions and the laws of other countries, and are owned by and/or  licensed to WestwoodOne. The compilation (i.e., the collection, arrangement,  and assembly) of all content on the Sites is the exclusive property of WestwoodOne  and is protected by U.S.  and international copyright laws. All software used on the Sites is the  property of or is licensed to WestwoodOne and is protected by U.S. and  international copyright laws.

Any copying, reproducing, republishing,  uploading, posting (other than as contemplated in Section 6), modifying, or  transmission or distribution of any Site Materials, in whole or in part, is  strictly prohibited and will be considered a violation of WestwoodOne’s  intellectual property rights and could result in legal liability and/or  criminal sanction.

The trademarks, logos, and service marks  displayed on the Sites (collectively, the “Trademarks”) are the trademarks of WestwoodOne  and other parties. Nothing contained in the Sites should be construed as  granting by implication, estoppel or otherwise, any license or right to use any  Trademark displayed on the Sites without the written permission of WestwoodOne  or the third party that owns the Trademarks specific for each such use. Your  use of the Trademarks displayed on the Sites, or any other content on the  Sites, except as provided in this Agreement, is strictly prohibited. Use of the  Trademarks as part of a link to or from any site is prohibited unless  establishment of such a link is approved in advance by us in writing. All  goodwill generated from the use of the Trademarks inures to the Trademark  owner’s benefit, whether WestwoodOne or a third party.

Elements of the Sites are protected by  trade dress, trademark, unfair competition, and other state and federal laws  and may not be copied or imitated in whole or in part, by any means, including  but not limited to the use of framing or mirrors. None of the Site Materials  may be retransmitted without our express, written consent for each and every  instance.

6. USER SUBMISSIONS
Any messages, suggestions, materials,  photos, works of art or authorship, ideas, or concepts that are submitted  through the Sites by you (“Submitted Materials”) shall become, and remain, the  property of WestwoodOne. You agree that any Submitted Materials, in whole or in  part, may be used by WestwoodOne, its affiliates, licensees, and assigns for  any purpose, including modification, reproduction, transmission, publication,  advertising, press, publicity, broadcast, and posting in any media now known or  hereafter devised. You additionally agree that WestwoodOne, its affiliates,  licensees, and assigns are free to use any ideas, concepts, techniques, or  know-how contained in any Submitted Materials you send to or post on or via the  Sites for any purpose whatsoever, including, but not limited to, developing,  manufacturing, marketing, and selling products and services based upon such  information without any obligation to compensate you or anyone else for them.  By submitting such Submitted Materials, you are assigning and transferring any  and all right, title, and interest in Submitted Materials to WestwoodOne,  including any moral rights. You represent and warrant that Submitted Materials  do not infringe any third-party intellectual property rights. You agree to  comply with the community guidelines set forth in Section 2 above. We shall  have the right, in our sole and absolute discretion, to edit or remove any  Submitted Materials, in whole or in part, which we believe violates any  provision of this Agreement.

Do not post your or any other person’s  personal information in any message boards or other part of the Sites  accessible to users, including your or their telephone number, credit card  information, or home, business, or email address.  Any posting of such personal information is  expressly at your own risk.

7. NO WARRANTIES/LIMITATION OF LIABILITY
The Site Materials provided on the Sites  are for informational and/or entertainment purposes only.  WestwoodOne makes no warranties regarding the  quality, reliability, truthfulness, accuracy, completeness, or non-infringement  of any Site Materials.  Unless otherwise  stated expressly, any opinion, view, or idea expressed or implied in any Site  Materials or any content contributed or published by visitors to or on the  Sites or otherwise disseminated or sent to WestwoodOne or others on or via the  Sites (“Visitor Content”) is the author’s own, and does not necessarily reflect  the views of, WestwoodOne, its affiliates, or any of their respective  employees, officers, directors, stockholders, agents, consultants, assignees,  affiliates, partners, contractors, professional advisors, advertisers, content  providers, and any and all other individuals and organizations providing  services on behalf of WestwoodOne (collectively, the “WestwoodOne  Parties”).  You acknowledge and agree  that the bloggers and other contributors that WestwoodOne permits to post  content to the Sites are not agents of WestwoodOne and that WestwoodOne does  not sufficiently edit or control statements that they make.

WE MAKE NO WARRANTIES OR REPRESENTATIONS  ABOUT THE CONTENTS, PRODUCTS, OR SERVICES ON THE SITES, INCLUDING THE SITE  MATERIALS AND VISITOR CONTENT. THE WESTWOODONE PARTIES SHALL NOT BE SUBJECT TO  LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITES FROM WHATEVER CAUSE. YOU  AGREE THAT YOU USE THE SITES AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE SITES WILL  OPERATE ERROR-FREE OR THAT THE SITES OR THEIR SERVERS ARE FREE OF COMPUTER  VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE  SITES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE WESTWOODONE  PARTIES SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE SITES, THE SITE MATERIALS, AND THE  PRODUCTS AND SERVICES ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS  AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL  WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE,  MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR  PARTICULAR PURPOSE.

IN NO EVENT SHALL THE WESTWOODONE  PARTIES BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, LIABILITY, CLAIM OR ANY OTHER  CAUSE OF ACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND  CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR  BUSINESS INTERRUPTION) ARISING FROM THE USE OR INABILITY TO USE THE SITES OR  THE USE, DISSEMINATION OF OR RELIANCE ON ANY SITE MATERIALS, VISITOR CONTENT,  OR ANY OTHER CONTENT PROVIDED ON THE SITES, WHETHER BASED ON WARRANTY,  CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE  HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW  EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR  CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO  YOU. IN SUCH STATES, THE WESTWOODONE PARTIES’ LIABILITY SHALL BE LIMITED TO THE  GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF  ANY OF THE SITES, ANY SERVICES OR PRODUCTS, OR WITH ANY OF THIS AGREEMENT, YOUR  SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

8. EXTERNAL SITES
The Sites may contain links to third-party  websites and such third-party websites may be accessible through the Sites  (collectively, the “External Sites”). These links and such accessibility are  provided solely as a convenience to you and not as an endorsement by us of the  content on such External Sites. The content of such External Sites is developed  and provided by others. You should contact the site administrator or webmaster  for those External Sites if you have any concerns regarding such links or any  content located on such External Sites. We are not responsible for the content  of any linked External Sites and do not make any representations regarding the  content or accuracy of materials on such External Sites. You should take  precautions when downloading files from all websites to protect your computer  from viruses and other destructive programs. If you decide to access linked  External Sites, you do so at your own risk.

9. INDEMNIFICATION
You agree to indemnify and hold the WestwoodOne  Parties harmless from all claims, liabilities, losses, damages, and expenses  (including attorneys’ fees and expenses) arising out of or relating to (a) your  use of any parts of the Sites, Site Materials, Submitted Materials, Visitor  Content, Trademarks, products and services on the Sites; (b) your alleged breach  of this Agreement; or (c) the suspension or termination of your account as  provided in this Agreement. We shall provide notice to you of any such claim,  suit, or proceeding and shall assist you, at your expense, in defending any  such claim, suit, or proceeding. We reserve the right to assume the exclusive  defense and control of any matter that is subject to indemnification under this  section. In such case, you agree to cooperate with any reasonable requests  assisting our defense of such matter.

10. DIGITAL MILLENNIUM COPYRIGHT ACT
WestwoodOne respects the intellectual  property rights of others and attempts to comply with all relevant laws. We  will review all claims of copyright infringement received and remove any  content, including user content, deemed to have been posted or distributed in  violation of any such laws. Our designated agent under the Digital Millennium  Copyright Act (the “Act”) for the receipt of any Notification of Claimed  Infringement which may be given under that Act is as follows:

WestwoodOne,  Inc., 220 West 42nd    Street, New York, NY 10036  Attn: General Counsel. Email:
legal@westwoodone.com
This email address is being protected from spambots. You need JavaScript enabled to view it.
.
If you believe that your work has been  copied on the Sites in a way that constitutes copyright infringement, please  provide our agent with notice in accordance with the requirements of the Act,  including (i) a description of the copyrighted work that has been infringed and  the specific location on the Sites where such work is located; (ii) a  description of the location of the original or an authorized copy of the  copyrighted work; (iii) your address, telephone number and e-mail address; (iv)  a 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; (v) a statement by  you, made under penalty of perjury, that the information in your notice is  accurate and that you are the copyright owner or authorized to act on the  copyright owner’s behalf; and (vi) an electronic or physical signature of the  owner of the copyright or the person authorized to act on behalf of the owner  of the copyright interest.

  11. TERMINATION
In addition and without prejudice to any  other legal or equitable remedies available to WestwoodOne, WestwoodOne may  terminate your right to use the Sites at any time and for any reason  whatsoever. Subject to the “Survivability” provisions of Section 14 below, you  may terminate this Agreement by closing your account with WestwoodOne, paying  any and all outstanding balances owed by you to WestwoodOne, and ceasing any  and all use of the Sites.

12. COMPLIANCE WITH APPLICABLE LAWS
The Sites are based in the United States.  We make no claims concerning whether the content of the Sites may be  downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Sites or the content from outside of the United States,  you do so at your own risk. Whether inside or outside of the United States, you are solely  responsible for ensuring compliance with the laws of your specific  jurisdiction. The Sites may contain references to products or services not  available in all countries. WestwoodOne does not market all of its products or  services in all countries. Software from any part of the Sites may be subject  to U.S.  and Canadian export controls.

13. CHOICE OF LAW, JURISDICTION AND  VENUE
This Agreement shall be governed by the  laws of the State of New York  applicable to contracts entered into and performed exclusively in that State.  Any court of competent jurisdiction sitting within the New York City, New York  will be the exclusive jurisdiction and venue for any dispute arising out of or  relating to this Agreement. The losing party shall pay all reasonable fees and  costs (including attorneys’ fees) resulting from any claim or dispute arising  from this Agreement.

14. MISCELLANEOUS
This Agreement constitutes the entire  agreement between you and WestwoodOne, and supersedes all prior written or oral  agreements or communications with respect to the subject matter herein. Any  modifications to this Agreement must be set forth in writing and acknowledged  by an authorized representative of WestwoodOne. Our failure to act on or  enforce any provision of the Agreement shall not be construed as a waiver of  that provision or any other provision in this Agreement. No waiver shall be  effective against us unless made in writing, and no such waiver shall be  construed as a waiver in any other or subsequent instance.

Sections 5, 6, 7, 8, 9, 11, 12, 13, and  14 of this Agreement shall survive any termination or expiration of this  Agreement or use of the Sites. If any term of this Agreement is declared  unlawful, void or for any reason unenforceable by any court, then such term  will be deemed severable from the remaining terms and will not affect the validity  and enforceability of such remaining terms. The section headings in this  Agreement are for convenience only and must not be given any legal import. This  Agreement may be assigned by WestwoodOne at any time. A printed version of this  Agreement and of any notice given in electronic form shall be admissible in  judicial proceedings or administrative proceedings based upon or relating to  this Agreement to the same extent and subject to the same conditions as other  business documents and records originally generated and maintained in printed  form.

The  Sites are owned and operated by Westwood One, Inc., 220 West 42nd Street, New    York, NY 10036.  For further information about Westwood One,  Inc. or the Site, please visit the “Contact  Us” section of the  Sites. You may have this same information sent to you by e-mail by sending a  letter to Westwood One, Inc., 220    West 42nd Street, New York,   NY 10036,  Attn: Legal with your e-mail address and a request for this information.

© 2013 Westwood One, Inc. All rights  reserved.

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