TERMS
OF USE
WNXT Radio, ("Hometown Broadcasting, Inc.") provides this
web site comprised of Web pages located at WnxtRadio.com
and other Web addresses using "wnxtradio.com" in such addresses
(collectively, the "Site") subject to your compliance with
the terms and conditions set forth below (the "Terms of Use").
Please read the Terms of Use carefully because it constitutes
a legally binding contract between you and WNXT
Radio and
governs your use of the Site and the services provided thereon.
In an effort to comply with the Children's Online Privacy
Protection Act, WNXT
Radio will
not knowingly collect personally identifying information from
children under the age of 13.
ADDRESS AND CONTACT INFORMATION
Hometown
Broadcasting
is a Portsmouth, Ohio limited liability corporation. WNXT
Radio's mailing
address is PO Box 1228, Portsmouth, OH 45662. You may contact
WNXT Radio at info@wnxtradio.com.
SERVICES PROVIDED BY WNXT RADIO
WNXT
Radio currently
provides users with access to a collection of information,
entertainment, web search capabilities, shopping channels
and other commercial content and services. Much of the content
and services included or linked to in the Service is provided
by third parties that have no affiliation with WNXT
Radio. Similar
to other media properties, WNXT
Radio includes
display of advertisements and promotions that make it possible
for us to deliver to you other non-advertising content.
SERVICES PROVIDED BY WNXT RADIO
WNXT
Radio currently
provides users with access to a collection of information,
entertainment, web search capabilities, shopping channels
and other commercial content and services via our web site.
Much of the content and services included or linked to in
the Service is provided by third parties that have no affiliation
with WNXT
Radio. Similar
to other media properties, WNXT
Radio includes
display of advertisements and promotions that make it possible
for us to deliver to you other non-advertising content. USE
OF THE SITE Please read the Terms of Use and our Privacy Policy
carefully before using the Site or the Service. The Terms
represent a legal agreement between you (either an individual
or a single entity), as an end user, and WNXT
Radio. By
using the Site or the Service, you agree to be bound by all
of the terms and conditions stated in the Terms of Use and
to comply with our Privacy Policy. If you do not wish to be
bound by the conditions of the Terms, you may not access or
use the Site or the Service. WNXT
Radio may
revise the Terms of Use or the Privacy Policy at any time
without notice and such modifications shall be deemed effective
immediately upon posting of the modified Terms of Use or Privacy
Policy, as the case may be. You agree to review the Terms
of Use and the Privacy Policy periodically to be aware of
such modifications, and your continued access or use of the
Site or the Service shall be deemed conclusive acceptance
by you of the modified Terms of Use or Privacy Policy, as
the case may be. If any changes or modifications to the Terms
of Use or Privacy Policy are unacceptable to you, you should
cease using the Site and/or the Service. As a condition of
your use of the Site and/or the Service, you warrant to WNXT
Radio that
you will not use the Site and/or the Service for any purpose
that is unlawful or prohibited by the Terms of Use. WNXT
Radio expressly
prohibits any unauthorized commercial use of the Service or
the resale of the Service. You agree to abide by all applicable
local, state, national and international laws and regulations
and are solely responsible for all acts or omissions attributable
to you. WNXT
Radio has
no obligation to monitor the Service or any user's use thereof
or retain the content of any user session. However, WNXT
Radio reserves
the right at all times to monitor, review, retain and/or disclose
any information as it deems necessary, in its sole discretion,
to satisfy any applicable law, regulation, legal process or
governmental request.
Please be aware that the Service may include links to third-party
content and/or web sites that may contain adult or mature
content, such as dating services, online gambling, etc. You
much be at least 18 years of age to access such areas. You
also understand and agree that WNXT
Radio shall
not be responsible and shall have no liability for any content
provided by third parties that is included or linked to in
the Service, and that you access and/or use such content and/or
third-party web sites providing such content solely at your
own risk. You agree that your sole remedy in connection with
any such third-party content or web site will be with the
third party providing such content and/or web site.
INTELLECTUAL PROPERTY
All text, graphics and multimedia content available from the
Site and pages within the Site and all related code, including,
but not limited to, the WNXT
Radio mark,
the "WNXT
Radio - The Mix"
logo, HTML, other mark-up languages, and all scripts within
this Site ("Intellectual Property") are the property of WNXT
Radio, its
partners, or its licensors and are protected by copyright,
trademark and other intellectual property laws. The Intellectual
Property may not be copied, reproduced, republished, modified,
uploaded, posted, transmitted or distributed in any way. Unless
otherwise expressly permitted in writing by the owner of the
Intellectual Property, the use of the Intellectual Property
on any third party website or computer environment is prohibited.
If you believe any material on this Site is infringing your
copyrights or the copyrights of a third party, please contact
WNXT
Radio immediately.
Pursuant to the Digital Millennium Copyright Act, WNXT
Radio has
designated a registered agent to receive copyright infringement
claims (the "Designated Agent"). You may notify WNXT
Radio of
alleged copyright infringement by contacting the Designated
Agent at: info@wnxtradio.com.
PRIVACY STATEMENT
You agree that WNXT
Radio shall
have the right to use any information collected from you or
provided by you incident to your use of this Site or your
use of the Service as set forth in WNXT
Radio's Privacy
Policy.
THIRD PARTIES
You understand that WNXT
Radio may
permit third party product and service providers ("Third Party
Vendors") to advertise or offer their products and services
on this Site ("Third Party Products") or have links to their
own web sites ("Linked Sites"), in order to facilitate the
provision of Third Party Products to you. However, you acknowledge
and agree that at no time is WNXT
Radio making
any representation or warranty regarding any Third Party Products,
nor will WNXT
Radio be
liable to you or any third party for any claims arising from
or in connection with such Third Party Products. You also
understand and agree that the Linked Sites are not under the
control of WNXT
Radio and
WNXT
Radio is
not responsible for the contents of any Linked Site or any
link contained in a Linked Site, or any changes or updates
to such Linked Sites. WNXT
Radio is
not responsible for webcasting or any other form of transmission
received from any Linked Site. WNXT
Radio is
providing these links to Linked Sites to you only as a convenience,
and the inclusion of any link does not imply endorsement by
WNXT
Radio of
the Linked Site.
MODIFICATION OR DISCONTINUATION OF SITE
WNXT
Radio reserves
the right at any time to modify or discontinue, temporarily
or permanently, the Site and/or the Service (or any part thereof)
with or without notice. You agree that WNXT
Radio shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Site or the Service.
WAIVER OF CLAIMS
By accessing or using this Site and/or the Service, you hereby
disclaim and waive any rights and claims you may have against
WNXT
Radio with
respect to Third Party Products or Linked Sites, to the maximum
extent permitted by law. YOU HEREBY WAIVE ANY CLAIM THAT THE
FOREGOING LIMITATION OF LIABILITY DEPRIVES YOU OF AN ADEQUATE
REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE
AND/OR THE SERVICE IS TO STOP USING THIS SITE AND/OR THE SERVICE.
YOU FURTHER AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO
THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF
OR RELATED TO THIS SITE OR USE OF THE SERVICE OR OTHERWISE
ARISING OUT OF OR RELATED TO THE TERMS OF USE, MUST BE FILED
WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION FIRST
AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
LIMITATION OF LIABILITY
You specifically agree that WNXT
Radio shall
not be liable for losses or liabilities arising in connection
with your use of this Site or the Service, including, but
not limited to loss or liability:
resulting from data non-delivery, data mis-delivery or unauthorized
access to transmissions or data; resulting from acts of God;
resulting from the unauthorized use or misuse of any registration
data provided by you that is intended to remain confidential;
from threatening, defamatory, obscene, offensive or illegal
content or conduct of any third party; arising in connection
with your infringement of a third party's right, including
intellectual property rights; resulting from errors, omissions
or misstatements in any and all information or services provided
by WNXT
Radio to
you; or resulting from the damage to your computer or Internet
connection attributable, directly or indirectly, to your use
of the Service and/or the Client Application used to push
you the Service automatically. WITHOUT LIMITING THE FOREGOING,
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WNXT RADIO SHALL NOT
BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY ACTUAL, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE
DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT
OF OR RELATING IN ANY WAY TO THIS SITE, THE TERMS OF USE OR
THE SERVICE, OR INFORMATION CONTAINED WITHIN THIS SITE, WHETHER
FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM
OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR
TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND
IRRESPECTIVE OF WHETHER YOU HAVE ADVISED WNXT RADIO OF THE
POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
INDEMNIFICATION
You agree to release, indemnify, defend and hold WNXT
Radio, its
parents, subsidiaries, affiliates, officers and employees,
harmless from any liabilities, claims, demands, losses, costs
and expenses, or damages, including attorneys' fees, asserted
by any third party ("Claims") due to or arising out of your
use of or conduct on this Site or the Service.
NO WARRANTIES
THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE"
WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR,
BUT WITHOUT LIMITATION, WNXT RADIO DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WNXT RADIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS
SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY
OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE,
INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO
YOUR COMPUTER OR LOSS OF DATA.
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
Unless otherwise specified, all materials and services in
the Site are presented solely for the use in the United States,
its territories, possessions and protectorates. WNXT
Radio controls
and operates the Site from its offices within the State of
Ohio, U.S.A. and all transactions conducted on the Site are
conducted in the State of Ohio. WNXT
Radio makes
no representation that materials in this Site are appropriate
or available for use in other locations. Those users who choose
to access this Site from other locations do so on their own
initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable. Use of or
access to this Site should not be construed as the purposeful
availment of the benefits or privilege of doing business in
any state other than the State of Ohio by WNXT
Radio.
TRANSMISSION OF PERSONAL INFORMATION
A user's personal information may be transmitted over third
party carriers and equipment outside the control of WNXT
Radio. There
is always the risk of loss, misuse or alteration by third
parties of personal information. WNXT
Radio assumes
no liability for or relating to the entry, delay, failure,
loss, interruption or corruption of any data or other information
which is transmitted for any purpose.
GENERAL PROVISIONS
No Relationship Created.
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and WNXT
Radio as
a result of the Terms of Use or your use of the Site and/or
the Service.
Compliance with Laws.
WNXT
Radio performance
of the Terms of Use is subject to existing laws and legal
process, and nothing contained in the Terms of Use is in derogation
of WNXT
Radio's right
to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Service or information
provided to or gathered by WNXT
Radio with
respect to such use.
Severability.
If any part of the Terms of Use is determined to be invalid
or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of the Terms of Use shall continue in effect.
If no enforceable provision can be substituted, then that
provision shall be deemed severable from the Terms of Use
and shall not affect the validity and enforceability of any
remaining provisions.
Electronic Form.
A printed version of the Terms of Use and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to the Terms of Use to
the same extent and subject to the same conditions as other
business documents and records originally generated and maintained
in printed form.
Governing Law; Jurisdiction.
The Terms of Use shall be governed by, construed and enforced
in accordance with the laws of the State of Ohio, without
regard to its conflicts of law principles. You shall bring
any action to enforce the Terms of Use or in connection with
any matters related to this Site only in either the state
or Federal courts located in Scioto County, Ohio. You expressly
consent to the jurisdiction of said courts. Use of the Service
is unauthorized in any jurisdiction that does not give effect
to all provisions of the Terms of Use, including without limitation
this paragraph.
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