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| Legal information NRCW Legal Information (Laws you must know when NRCW, NRCW LLC, Net Radio Communications Worldwide, Net Radio Communications Worldwide LLC, nrcworldwide.com, nrcw.biz and/or our subsidiaries of the listed are present.) Updated: 03/01/2009 01. Overview § 0101 This site is owned and managed by Net Radio communications Worldwide, LLC. (hereafter “NRCW” or "NRCW LLC") and is part of the NRCW family of companies, which includes other quality entertainment brands such as private broadcast promotion radio, production technologies, services, internet radio stations, internet television, NRCW Records, NRCW Entertainment, and the NRCW Networks (each an independent “NRCW Website,” and collectively the “NRCW Websites”).
§ 0102 NRCW provides this NRCW Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this NRCW Website. Your use of this NRCW Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this NRCW Website. This Agreement sets forth NRCW’s policies with respect to its operation of the NRCW Website(s). These policies also govern NRCW’s non-Internet operations.
§ 0103 Certain products or services offered by this and/or other NRCW Websites (each a “NRCW Internet Service,” and collectively “NRCW Internet Services”), and certain areas within this and/or other NRCW Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or NRCW Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
§ 0104 YOU MAY NOT USE ANY NRCW WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY NRCW WEBSITE MAY BE TERMINATED IMMEDIATELY IN NRCW’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
02. Purpose §0201 We are an entertainemnt and producer website. We produce SERVICES and PRODUCTS for modern technology (including, but not limited to video, audio and media production). NRCW is a collaborative effort to advise and produce original content as well as a reference point for outside information. Net Radio Communications Worldwide may not be targeted for any financial gain. WE OPERATE UNDER THE FREEDOM OF INFORMATION ACT AND GENERAL PUBLIC LICENSE TO OPEN SOURCE CONTENT
04. Service Guarantee § 0401 All products from NRCW LLC are under a 100% guarantee. If for any reason you are not completely satisfied with a product of NRCW LLC you may return it for a full refund minus any shipping charges incurred. NRCW LLC services are backed by a service guarantee associated with each individual service and will be found in writing of the contracts for individual services.
06. Privacy Policy § 0601 Coming Soon [Let your visitors know how you handle their business information, whether they are ordering from you online or handling their work by telephone or in person.]
0602.01 Net Radio Communications Worldwide asks for your name, address, e-mail address and other personal information when you create an account online simply to know who you are when you become a subscriber. We use this information to process your subscriptions and to let us communicate with you. Net Radio Communications Worldwide may also use personal account information and data collected through your personal identification to generate statistics and aggregate reports for internal use. These statistics and aggregate reports will not contain any information that could identify you personally and will not be shared with anybody outside NRCW.
0605.01 NRCW does not sell subscriber information to anyone. It does contract with PayPal to act on our behalf to process credit card payments. This payment-processing service receives only the information it needs to perform its specific function and may not use such information for other purposes. It is bound by contract to maintain the confidentiality and security of personal information and is restricted from using such information in any other way. We also do not share any Web site usage information with any other companies, individuals or marketers, nor do we send promotional offers to any subscribers. We do send renewal notices to subscribers when their subscriptions are about to expire, and we may occasionally send other newsworthy e-mail messages to subscribers.
0607.01 Should you have any concerns regarding privacy on our site or should you wish to have your personal information deleted, please let us know by post , e-mail or fax:Net Radio Communications Worldwide, Harrisburg, PA 17111-8072; nrcworldwide@aol.com 801-516-1000
04. Legal Documents § 0401 Coming Soon [If you have legal documentation that you ordinarily post in your office, include in contracts, or otherwise provide to customers, place it here. Your visitors will appreciate having easy access to it.]
05. Use of Contact Information § 0501 You may not use any of the contact information (including address(es), telephone numbers, email address(es) or contact boxes) listed on this site for any reason other than DIRECTLY BENEFITING NRCW LLC OR OUR CLIENTS. THIS MEANS THAT ANY COMPANY NOT CONTRACTED IN WRITING WITH NRCW LLC IS STRICTLY PROHIBITED FROM CONTACTING US IN ANY MANNER unless you are interested in services or products provided by NRCW LLC!
§ 0502 If you or any company you represent disregard this, we may pursue criminal charges including harassment to the full extent of the law. THIS SECTION APPLIES TO EVERYONE USING NRCW CONTACT INFORMATION! IF YOU VIOLATE THESE TERMS OF SERVICE YOU WILL BE PROSECUTED TO THE FULLEST EXTENT THAT LAW PROVIDES. IF YOU ARE FOUND GUILTY OF SUPPLYING INFORMATION TO THIRD PARTIES BOTH YOU AND THE THIRD PARTY(S) WILL BE HELD ACCOUNTABLE FOR VIOLATING THIS SECTION OF NRCW LLC TERMS OF USE
§ 0503 ALL BUSINESS DONE WITH NRCW IS WEB BASED OR ONE-ON-ONE. WE DO NOT ADVERTISE OUTSIDE OF OUR WEBSITE AND DO NOT SHARE OUR INFORMATION WITH ANY PARTY WHOS TERMS OF SERVICE MAY VIOLATE THIS CAUSE.
0504.01 BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW
0504.02 BE FINED A HEFTY AMOUNT OF COMPENSATION
0504.03 INVESTIGATED FOR FRAUD
§ 0505 ALL CONTACTS WITH NRCW LLC ARE BOUND BY THE TOS ASSOCIATED WITH THIS WEBSITE (FOUND HERE).
§ 0507 IF WE RECEIVE FULL COOPERATION FROM YOU, YOU WILL NOT BE PROSECUTED, HOWEVER, BY PROVIDING US THIS INFORMATION YOU ARE HEREBY AGREEING TO REPRESENT NRCW LLC IN COURT
§ 0508 HOWEVER IF YOU DO NOT PROVIDE US THIS INFORMATION AND WE DISCOVER WHO PROVIDED THE INFORMATION; YOU MAY ALSO BE PROSECUTED TO THE FULLEST EXTENT THAT LAW PROVIDES
0510.01 Any company hosting email access or spam protection to self or members of a domain hold the responsibility of allowing email from nrcworldwide.com and subsidiaric domains to be on their white list ("non-spam").
0510.02 For individuals coresponding with NRCW LLC, it is your responsibility to add *@nrcworldwide.com to your "safe senders" list to ensure communications are received.
0510.03 In the event of electronic billing you will receive a secure email from a certified secure PayPal email to process your transaction securely. For more information see "billing".
06. Fair Use Notice § 0601 This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go here.
0601.01 Title 17 U.S.C. Section 107"Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-- (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. (Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2546; Pub. L. 101-650, title VI, Sec. 607, Dec. 1, 1990, 104 Stat. 5132; Pub. L. 102-492, Oct. 24, 1992, 106 Stat. 3145.)"
§ 0602 If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. § 0603 Copyright Notice 0603.01 You do not need any permission to link to any of the pages on this site.
0603.02 Limited copyright is granted for you to use and/or republish any of the press releases on this site for any legitimate media purpose as long as you reference Net Radio Communications Worldwide LLC (nrcworldwide.com) as the source. 0603.03 Using the press releases from the NRCW network of sites on other sites that offer competing services to those offered by NRCW LLC, including but not limited to press release distribution, is expressly prohibited under the terms of this copyright.
0603.04 Non-press release pages (Press Release Tips, About NRCW or NRCW Publishing, etc..) cannot be republished without prior written consent of Net Radio Communications Worldwide LLC. You may, however, link to these pages from your site.
07. Content § 0701 Some parts of this NRCW website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the NRCW Website content.
008. Changes to this Agreement § 0801 This Agreement is effective as of December 7, 2007. NRCW reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. NRCW will provide notice of such change on this NRCW Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the NRCW Website and/or NRCW Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this NRCW Website and/or the NRCW Internet Service to which the changes may apply.
009. Privacy and Protection of Personal Information § 0901 NRCW has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking here.
010. Accounts, Security, Passwords § 1001 If a particular NRCW Website or NRCW Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify NRCW immediately of any unauthorized use of your account. NRCW is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular NRCW Internet Service.
011. Fees § 1101 Except where otherwise provided, access to and use of this NRCW Website and the NRCW Internet Services offered through this site are currently available without charge. NRCW reserves the right to charge a fee for access to or use of this NRCW Website, or any NRCW Internet Service available on this NRCW Website at any time in the future. Your access to or use of this NRCW Website before such time does not entitle you to use of this NRCW Website without charge in the future.
012. Disclaimer of Warranties § 1201 YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS NRCW WEBSITE AND/OR NRCW INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS NRCW WEBSITE OR NRCW INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. NRCW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NRCW DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NRCW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS NRCW WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. NRCW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS NRCW WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
§ 1202 NRCW IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR NRCW INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
013. Links § 1301 This NRCW Website may contain links to websites operated by third parties. NRCW does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply NRCW's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
014. Software And Downloads Available Through This Website § 1401 Any software that is made available to view and/ or download in connection with a NRCW Internet Service ("Software"), including podcasts, audio streaming, or video streaming, is owned or controlled by NRCW and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. NRCW accepts no responsibility or liability in connection with any Software owned or controlled by third parties. § 1402 Podcasts 1402.01 Music of almost any kind cannot be included in podcasts (mp3 downloads), since unlike streams, podcasts are a physical copy of the audio, and the music is not licensed for this use. We regret that this means podcasts must be edited to remove all such music, including bumper music that leads out of commercial breaks, and any music content in the show. As always, all streams of the show, including those delivered "on demand", do include all show content, including music.
015. Third-Party Merchants § 1501 This NRCW Website may enable you to order and receive products, information and services from businesses that are not owned or operated by NRCW. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. NRCW does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. NRCW will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the NRCW Internet Service.
016. Modification/Termination by NRCW § 1601 NRCW reserves the right, in its sole discretion, to modify, suspend, or terminate this NRCW Website and/or any portion thereof, including any NRCW Internet Service, and/or your account, password, or use of any NRCW Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
§ 1602 Termination of your account for a NRCW Internet Service removes your authorization to use the NRCW Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, NRCW shall not be liable to you or any third-party for any termination of your access to a NRCW Internet Service.
017. Interactive Services § 1701 This NRCW Website may offer certain NRCW Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively "NRCW Interactive Services"). Additional terms may cover these services, which appear on the pages where these services are available and can be found here.
018. Subscription Services § 1801 This NRCW Website may offer certain NRCW Subscription Services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "NRCW Subscription Services"). By registering for a NRCW Subscription Service, you will be subject to any charges and rules set forth in the description of that service
019. Premium Services § 1901 Some NRCW Internet Services on this NRCW Website, including certain NRCW Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (“NRCW Premium Service”). By using the NRCW Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service. A copy of the Premium Service Additional Terms can be found here.
020. Contests/Sweepstakes § 2001 For Additional Terms applying to all contests or sweepstakes conducted by this NRCW Website, refer to this site's contest or sweepstakes information.
021. Limitations on Liability § 2101 In no event shall NRCW, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the NRCW Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the NRCW Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the NRCW Website or any information, software, products, services, and related graphics obtained through the NRCW Website; (vi) any transactions entered into through this NRCW Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this NRCW Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the NRCW Website and NRCW Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if NRCW has been advised of the possibility of damages.
022. Indemnification § 2201 You agree to indemnify, defend, and hold harmless NRCW, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this NRCW Website and any related NRCW Internet Service and/or software. NRCW reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with NRCW in asserting any available defenses.
023. International Use/U.S. Export Controls § 2301 Accessing materials on this NRCW Website by certain persons in certain countries may not be lawful, and NRCW makes no representation that materials on this NRCW Website are appropriate or available for use in locations outside the United States. If you choose to access this NRCW Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
§ 2302 The United States controls the export of any software downloadable from this NRCW Website. No software or any other materials associated with this NRCW Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a NRCW Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
024. Warrantees 025. Business Licenses § 2501 Net Radio Communications Worldwide LLC is licenced to practice sales and is tax compliant in the State of Pennsylvania and United States of America Only. Any and all business conducted outside of these jurisdiction(s) may be denied until our legal representitives can verify compliance with all laws; federal, state and local. AT THIS TIME NRCW LLC IS RESIDENT TO PA. Ohio (pending) Clients may not be permitted to enact contract(s) without amending this clause. We at NRCW LLC believe in preventing any mistakes before they can happen. This takes many hours of legal research and dedication to law. We apologize for any inconvienence at this time.
026. Certifications § 2601 All business certifications are on a state-wide basis. Please contact us for specific details.
027. Bonding and Insurance 028. NRCW Privacy Statement § 2801 This statement informs you of NRCW's practices with respect to the online collection, use, and disclosure of personal information from this NRCW Website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests.
§ 2802 NRCW is the owner of this website and retains all ownership rights to the information collected at this site. NRCW reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.
029. Personalization § 2901 Although you may use many features of this site without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as listener clubs and personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age). You must provide the information in order to receive the benefits of registration or of the special service.
§ 2902 We may use the contact information you give us to better tailor your website experience to your interests, to request your opinions with respect to media and entertainment, and to send you information about NRCW and its services as well as promotional material on behalf of some of our partners. We may use information that you provide to us to inform you of content on the web, radio and other methods of content delivery, in which you may be interested and to provide or display the content according to your preferences. We will also share this information within the NRCW family in order to enhance your experiences with NRCW.
§ 2903 In addition, we may share this information with advertisers or other third parties that are not part of the NRCW family on an aggregate or other basis that does not disclose your identity or contact information.
030. Online Surveys/Contests § 3001 From time to time, we may conduct online surveys and contests. These ask you for contact information (like name or email address) and demographic information (like zip code or age). We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary.
031. Supplemental Information § 3101 To enhance NRCW's ability to tailor this site to your preferences, we may combine information that you provide us on registration and other online sign-up forms with other information about you that we may obtain. We do not share that information with any other party.
032. Shopping/Commercial Services § 3201 This NRCW site may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our site offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
§ 3202 We will use the financial information that you provide to bill you for products and services. By giving our site your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
§ 3203 We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
033. Public Forums § 3301 This site may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
034. Information Sharing With Third Parties § 3401 From time to time we may enter into a special relationship with another company that is not owned by NRCW to provide additional features at this site. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity, such as TicketMaster. You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner’s website for information regarding its privacy policies.
§ 3402 Also, the nature of some features of our site may require that we share personal information about you with persons or companies outside of the NRCW family. For example, this may occur at a feature that enables you, via our site, to ask questions of persons or entities that are not part of the NRCW family. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.
§ 3403 With respect to specific registration modules, like contests, we may disclose personal information collected, and we will post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties
§ 3404 Finally, we may share any of the information collected from you with these other non-NRCW companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.
035. IP Address and Log Files § 3501 We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
036. Cookies § 3601 This NRCW site may use a standard technology called a “cookie” to collect information about how you use the site. Cookies reside on your computer and help our website to recognize your computer's browser as a previous visitor. This information allows us to customize delivery of information. For example, our site may use cookies to save and remember registration information or preferences that you may have set while browsing the site, to keep track of your shopping cart, to ensure you don't see the same ad content repeatedly, to deliver content specific to your interests, and to save your password so you don't have to re-enter it each time you visit our site. We use cookies only to gather information as indicated in this policy.
§ 3602 In addition, on occasion our site may also set a “session cookie” which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires.
§ 3603 Finally, we may also use an ad network provider to help present advertisements on this and other NRCW Web sites. This ad network provider, like other advertising service vendors, uses cookies, web beacons, or similar technologies on the hard drive of your computer to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, and to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, the provider collects non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these ad network providers is subject to their own privacy policies, not ours. If you do not want the benefits of these advertising cookies, you may opt-out by visiting XXXXXX.XXX/XXXX. However, if you do so you may not receive the full benefit from the use of our site.
037. Banner Advertising § 3701 We license ad-server software from another company to place banner advertising on our sites. All of the data provided and generated by the ad-server software remains in our possession and no data is transferred to the licensor of the software. This feature of our site may, on occasion, set “cookies” on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information as described in this statement.
038. Children’s Personal Information 3802.01.02 Send an email to NRCW Online Music & Radio Support. Please include the web address, call letters or station's name. (Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.)
039. Access to Personal Information § 3901 NRCW gives you the opportunity to modify or remove personal information that you have provided to us. You may do so by modifying your password-protected registered user information on our website.
040. Security of Your Personal Information § 4001 NRCW employs reasonable security measures consistent with standard industry practice, for information collected through this website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our website. We also use internal protections to limit access to users' personal information to only those employees who need the information to perform a specific job.
041. Sale or Merger § 4101 If this site is sold to, or merges with, another company not owned by NRCW, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, NRCW will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
042. Legal Process § 4201 You should be aware that NRCW may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
043. Contacting the Website § 4301 If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact NRCW Online Music & Radio Support. Please include the web address, call letters or station's name. Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.
044. Leased Content § 4401 Neither Standard & Poor nor any third-party licensor shall have any liability for the accuracy or completeness of this service or any component thereof or for delays, unauthenticity, omissions, or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including, without limitation, any lost profits, indirect, special, or consequential damages. Either Standard & Poor or third party licensors have exclusive proprietary rights from the information received via the service. Customer, end-user, or visitor, as applicable, shall not use or permit anyone to use the information provided through the service for any unlawful or unauthorized purpose. Customer, end-user, or visitor, as applicable, is not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of the source of such information. Provision of the information on the service is subject to termination in the event that any agreement between a third party licensor and a provider of information distributed through the service is terminated in accordance with its terms. Third party licensor and its subsidiaries, affiliates, information providers and content partners shall have no liability for investment decisions based on the information provided hereby.
045. General Information § 4501 This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or NRCW brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this NRCW Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in Harrisburg, Pennsylvania. You agree to submit to the personal jurisdiction of the courts of the State of Pennsylvania for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
§ 4502 If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and NRCW with respect to the use of this NRCW Website and shall not be modified except in writing, signed by an authorized representative of NRCW.
§ 4503 If you have any questions concerning this Agreement, you may send them by email to nrcworldwide@aol.com. You must send any official correspondence via postal mail to: A. Eppley, Legal Department, ATTN: Broadcast Websites Terms of Use, NRCW Communications, LLC, Harrisburg, PA 17111
046. European Union and Other Foreign Nations § 4601 This NRCW website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. NRCW makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.
047. Copyright & Trademark Notice 4701.01 The NRCW Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, NRCW logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by NRCW or by other parties that have provided rights thereto to NRCW.
4701.02 You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this NRCW Website, in whole or in part, without the express written permission of NRCW.
4701.03 Other trademarks, service marks, product names and company names or logos appearing on this NRCW Website that are not owned by NRCW may not be used without express permission from their owners.
4701.04 Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this NRCW Website, or frame this NRCW Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the NRCW Website in an email for commercial purposes, without the express written permission of NRCW.
4701.05 You may inquire about obtaining permission by writing: A. Eppley, Legal Department, NRCW Communications, LLC, Harrisburg, PA 17111 ; By Facsimile: (801)516-1000 ; By Email: publisher@nrcworldwide.com
048. Copyright Infringement § 4801 NRCW respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this NRCW Website, you are granting permission to have this material posted on this NRCW Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. NRCW reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights NRCW may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement here.
4802.01 If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows: By mail:A. Eppley, DMCA Designated Agent, c/o Legal Department, NRCW Communications, LLC, Harrisburg, PA 17111 ; By Facsimile: (801) 516-1000 ; By Email: publisher@nrcworldwide.com
4802.02.02 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
4802.02.04 Information reasonably sufficient to permit NRCW to contact the complaining party, such as an address, telephone number, and, if available, an email address.
4802.02.06 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 right that is allegedly infringed.
049. Interactive Service Additional Terms § 4901 You may participate in the NRCW Interactive Service by reading and agreeing to the Terms of Use Agreement and these Interactive Service Additional Terms, and by completing the registration form where one is provided. If you do not agree to abide by the Terms of Use Agreement and these Interactive Service Additional Terms, you may not participate in the NRCW Interactive Service.
4902.01 Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
4902.02 Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the NRCW Website, or any postings which advocate illegal activity.
4902.03 Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
4902.04 Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
4902.05 Deliver, or provide links to, any postings containing defamatory, false or libelous material.
4902.06 Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
4902.08 Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
4902.10 Use this NRCW service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the NRCW Website or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including by means uploading or transmitting to this Site or NRCW’s servers any computer viruses, Trojan horses, worms, or other disabling or harmful software intended to damage, interfere with, intercept or monitor surreptitiously, or take over another computer.
4902.11 Attempt to gain unauthorized access to this NRCW Website, any related website, other accounts, computer system, or networks connected to this NRCW Website, through hacking, password mining, or any other means.
§ 4903 You are solely responsible and liable for postings delivered to the NRCW Website using your account. Any violation of these provisions can subject your NRCW account to immediate termination and, possibly, further legal action.
§ 4904 NRCW does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a NRCW interactive website by you or other users. NRCW is not obligated to and does not regularly review, monitor, delete, or edit postings. However, NRCW reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. NRCW is not responsible or liable for damages of any kind arising from any postings even when NRCW is advised of the possibility of such damages, or from NRCW's alteration or deletion of any posting.
§ 4905 The information and opinions expressed in postings on this NRCW Website are not necessarily those of NRCW or its content providers, advertisers, sponsors, affiliated or related entities, and NRCW makes no representations or warranties regarding that information or those opinions. NRCW does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
§ 4906 Unless otherwise provided, all postings to the NRCW Website automatically and immediately become the property of NRCW without any obligation of confidentiality. NRCW shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that NRCW does not retain exclusive ownership of any posting, then you hereby expressly grant to NRCW a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
050. Premium Service (Additional Terms) § 5001 You may register for a NRCW Premium Service by reading and agreeing to the Terms of Use Agreement and these Premium Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Premium Service Additional Terms, you may not register for the NRCW Premium Service.
§ 5002.01 You are responsible for any membership name and password that is associated with your account during registration. If this premium service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.
5003.01 NRCW will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
5003.02 In the event that you pay for a premium service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.
4004.01 This premium service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this premium service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this site by writing: A. Eppley, Legal Department, NRCW LLC, Harrisburg, PA 17111 ; By Facsimile: (801) 516-1000 ; By Email: publisher@nrcworldwide.com
5005.01 You may cancel your membership in this premium service at any time by contacting us using the contact information provided on this premium service. In the event that you have paid a fee to register on this site, we will return the unused portion of your membership fee on a 52-week pro-rated basis within ninety (90) days of your cancellation of your membership.
5005.02 We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.
075. Equal Opportunity Employer Statement § 7501 NRCW LLC is fully committed to Equal Employment Opportunity and to attracting, retaining, developing and promoting the most qualified employees without regard to their race, gender, color, religion, sexual orientation, national origin, age, physical or mental disability, citizenship status, veteran status, or any other characteristic prohibited by federal, state or local laws. We are dedicated to providing a work environment free from discrimination and harassment, and where employees are treated with respect and dignity. When a conflict occurs, the company promptly addresses the matter. Should an employee feel they have been unfairly treated, they should report the matter to their Human Resources Representative, or a member of NRCW LLC's Legal, Labor and Employment Department, or call the Compliance Hotline.
095. Subsidiaries of NRCW § 9501 Club MYX (cMYX) Legal Disclaimer and Terms of Service can be found at www.cmyx.org/tos.html § 9502 Club MYX Studios Legal Disclaimer and Terms of Service can be found at www.cmyxstudios.com/tos.html § 9503 Other websites such as contracted Disk Jockey's Website's may be subject to third party TOS (Such as MySpace and FaceBook). You are bound by those third partty contracts and NRCW LLC assumes no responsibility whatsoever as stated in the above sections (including but not limited to chapters 13, 15, 21 and 22 subchapters 01 of this document)
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