The WBGO.ORG web site (hereinafter referred to as the "Site") is provided by Newark Public Radio, Inc. ("WBGO-FM"), for use by businesses or individuals who are considered major in the jurisdiction from which this site is accessed conditional on your acceptance of the terms and conditions set forth below (the "Terms and Conditions"). By accessing, using and/or downloading materials from this Site, you agree on your own behalf and on behalf of each entity on whose behalf you act to accept and abide by these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with WBGO-FM.
WBGO-FM may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features, at any time without notice or liability. WBGO-FM may similarly remove, add, modify or otherwise change any content, including that of third-parties, on or from this Site. WBGO-FM may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.
Limited License and Copyright. Subject to the terms and conditions set forth in this Agreement, WBGO-FM grants you a non-exclusive, non-transferable, limited right to access, use and display this Site, and the text, graphics, animations, sounds, pictures or images thereon (collectively, the "Materials"), and to view and download the Materials subject to the restrictions below, only in connection with the programs, products and services described by WBGO-FM for use internally by your business or yourself.
This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without our written consent; and d) you may not download, print or copy any of the HTML or images that are viewable at this Site unless otherwise stated. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials viewable on the Site, is protected by United States and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, WBGO-FM does not grant any express or implied right or license to you under any intellectual property right of WBGO-FM including under any patent, trademark, copyright, trade secret, or confidential information of WBGO-FM, its affiliates or any of their third party suppliers.
Trademarks. The program names, product names, company names and logos of WBGO-FM or any affiliate used on this Site may be trademarks including registered trademarks of WBGO-FM or an affiliate. Such program names, product names, company names and logos of WBGO-FM and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of WBGO-FM or such affiliate. Other program, product and company names mentioned on this Site may be the trademarks of their respective owners and no rights are granted by WBGO-FM with respect to them.
Reservation of Rights. WBGO-FM and its affiliates' programs, products, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secrets and other proprietary rights. WBGO-FM and its affiliates reserve all such rights.
Termination. WBGO-FM may terminate all rights and licenses contained herein and, upon such termination, you shall immediately destroy all Materials.
DISCLAIMER & LIMITATION OF DAMAGES
The Materials and information accessible through this Site may contain inaccuracies, defects and errors. WBGO-FM, its affiliates and/or their suppliers make no representations or warranties about the accuracy or completeness of the Materials or information accessible through this Site, or the reliability of any advice, opinion, statement or other information displayed or distributed through this Site or about the continued availability of this Site or of any of the Materials. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. WBGO-FM reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. WBGO-FM may make any other changes to this Site, the Materials and the programs, products, services or prices (if any) described on this Site at any time without notice.
This Site, the Materials and information accessible through this Site are provided "as is" without any representation or warranty, express or implied, of any kind, and WBGO-FM, its affiliates and their suppliers hereby disclaim all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of quality, merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade. WBGO-FM does not warrant that this Site will operate without interruptions or that it will be error free.
In no event shall WBGO-FM, its affiliates and/or their suppliers be liable for any direct, indirect, incidental, consequential, punitive, exemplary, reliance, special or other damages (including, without limitation, damages for harm to business, lost profits, lost savings or lost revenues, business interruption, loss of information or programs or other data on your information handling system) related to the use of, or the inability to use, this Site, its contents or Materials available from this Site, or any information, programs, products and services obtained through this Site, or functions of this Site or any linked web site, whether or not any of WBGO-FM, its affiliates and/or their suppliers has been advised of the possibility of such damages.
The limitations of liability and disclaimers herein contained apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
Because some jurisdictions do not allow the exclusions of implied warranties or limitations of liability for direct, indirect, consequential, incidental or other types of damages, the above exclusions or limitations may not apply, or may only partially apply, to you.
You agree: a) not to use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with other parties use and enjoyment of the Site; b) or interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; c) not to disrupt or interfere with any other user’s enjoyment of this Site or affiliated or linked sites; d) not to upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs; e) not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at the Site; f) not to use or attempt to use another's account, service or system without authorization from WBGO-FM, or create or use a false identity on this Site; g) not to transmit on this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; and h) not to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this Site.
ONLINE COMMUNITIES & OTHER INTERACTIVE AREAS
To the extent that this Site contains bulletin boards, discussion or users groups, or other message or communication facilities, you agree to use such forums only to send and receive messages and materials that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a forum, you will not post or otherwise disseminate on or through this Site harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; will not advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; or harvest or otherwise collect information about others, including e-mail addresses, without their consent. WBGO-FM does not have any obligation to monitor the content of its bulletin boards, discussion or users groups, or other message or communication facilities, but may elect to do so at its discretion. However, WBGO-FM reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, that in WBGO-FM's sole discretion are objectionable or in violation of these Terms and Conditions. The opinions expressed in bulletin boards, discussion or users groups, or other message or communication facilities are the opinions of the contributors, and do not necessarily reflect those of WBGO-FM. WBGO-FM shall not be liable for any content circulated in bulletin boards, discussion or users groups, or other message or communication facilities from any source, including from use of any suggestions relating to WBGO-FM programming even if posted on this Site.
LINKS & THIRD-PARTY CONTENT
As a convenience to you, WBGO-FM may provide, on this Site, links to web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. WBGO-FM makes no warranty or representation regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the programs, products or services described thereon, or the linked third party sources. Links do not imply that WBGO-FM or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of WBGO-FM or any of its affiliates.
This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that WBGO-FM shall not have any liability whatsoever to you for any such third party material, data or information.
All links to this Site must be approved in writing by WBGO-FM.
WBGO-FM does not want you to, and you should not, send any confidential or proprietary information to WBGO-FM via this Site. The security of this Site is by no means guaranteed and you agree that any information or materials, including text, graphics, animations, sounds, pictures or images, (collectively "Submissions") that you or individuals acting on your behalf provide to WBGO-FM is sent at your own risk and will not be considered confidential or proprietary. By providing any such Submissions to WBGO-FM or to other users of this Site, you grant to WBGO-FM and its affiliates an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, modify, reproduce, display or perform (including display or perform in public), communicate to the public, modify, adapt, transmit and distribute such Submissions in any form, in whole or in part, with the right to grant sub-licenses, and you also agree that WBGO-FM and its affiliates are free to use any ideas, concepts, know-how or techniques revealed by the Submissions or that you or individuals acting on your behalf provide to WBGO-FM for any purpose and you represent that you have all rights necessary to grant such rights to WBGO-FM and that such Submissions do not infringe any rights of a third-party. You further recognize that WBGO-FM does not want you to, and you warrant that you will not, provide any Submissions to WBGO-FM that are harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful, or that incorporates the proprietary or confidential material of another.
LINKING & FRAMING
You are permitted to view the Site only in its full presentation form and are prohibited from "framing" the Site. You are prohibited from "deep linking" to any other pages in a manner to bypass the WBGO.ORG home page.
VIOLATION OF TERMS & CONDITIONS
INTERNATIONAL USERS & CHOICE OF LAW
This Site is controlled, operated and administered by WBGO-FM from its offices or those of its subcontractors within the United States. If you access this Site from outside the United States, you are responsible for compliance with all local laws. This Site may provide access to international data about WBGO-FM, its suppliers or licensors, or other third parties, and therefore, may contain references or cross references to programs, products, and services that are not available in your country. Such references do not imply that WBGO-FM, its suppliers or licensors, or other third parties intend to make available such products, programs or services in your country. You may not export any of the Materials accessible through the Site in violation of applicable export laws and regulations. These Terms and Conditions are governed by the laws of the State of New Jersey, United States (without regard to its conflicts of law rules). You consent to the exclusive jurisdiction and venue of the courts of the State of New Jersey, United States in case of any dispute connected with this Site or these Terms and Conditions.
This Agreement constitutes the entire agreement between WBGO-FM and you with respect to the subject matter hereof. Any cause of action you may have with respect to your use of this Site or which is the subject of this Agreement must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.