Terms of Use
CITADEL BROADCASTING CORPORATION
TERMS OF USE
ELIGIBILITY& ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to WJBQ.com (the “Site”), the official website for Radio Station WJBQ 97.9 FM, Portland (the “Station”). This site is owned andoperated by Citadel Broadcasting Corporation and/or its subsidiaries(collectively “Citadel” or “we”). Unless specified otherwise on the Site, users must beat least 18 years of age and a legal resident of the United States before participation in any contest, sweepstakes or interactive activities. By your participation in our Site activities, you certify that you are at least 18 years of age and meet anyother eligibility and residency requirements of the Site.
By using the Site, you understand, acknowledge andagree that you will be bound by all terms, conditions and notices contained orreferenced herein (the "Terms of Use"). In addition, you shall be subject to any posted guidelines, conditions or rules applicable to this Site or any services or products offered through this Site, which may be posted from time to time. All such guidelines, conditions or rules, aswell as the Privacy Policy, are hereby incorporated by reference into theseTerms of Use. These Terms of Use will remain in full force and effect as long as you are a user of the Site. We may change the Terms of Use at any timeby posting revisions to the Site, and your continued use of the Site indicatesyour agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revisedpolicy, please exit the site immediately. We recommend that you periodically visit this page to review the currentTerms of Use. The terms “you” and “user” as used in the Terms of Use refer to all individuals and/or entities accessing this Site for anyreason.
INTELLECTUAL PROPERTY
You acknowledge that all content and materials available on this site,including without limitation software, text, graphics, images, audio and videoclips, artwork, photographs, logos, button icons, documents and marks and anyother material on the Site including the selection and arrangement thereof, areprotected by national and international copyrights, trademarks, service marks,patents, patent registration rights, trade secrets, know-how or otherproprietary rights and laws and are owned by Citadel and/or its subsidiaries,affiliates, assigns, licensors, the Site's designer, hosting, programming andcontest management/prize fulfillment vendors, and/or the Site’s advertisers,sponsors, and promotional partners. Except where otherwise noted, you maydownload, print or view individual pages for noncommercial use, provided you donot delete or alter any of the information, including, without limitation, anycopyright or trademark notices. You may only use the Site or its contents asexpressly permitted in these Terms of Use and for no other purpose. Citadel,our licensors or associates retain exclusive ownership of all data, materialand other information regarding your use of the Site. Except as we mayexpressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,edit or create derivative works from the content or materials on the Site. Systematicretrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without ourwritten permission is prohibited. Unless otherwise indicated, all logos, names,package designs and marks on the Site are trademarks or service marks or usedunder license by Citadel. The use or misuse of any of these materials isstrictly prohibited.
Notwithstanding any statement to thecontrary in these Terms of Use, you will not use or attempt to use, and shallcause each other party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including, withoutl imitation, browsers, spiders, avatars or intelligent agents) to navigate orsearch the Site other than (a) the search engine and search agents availablefrom the Site and (b) generally available third-party web browsers.
COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS
If you believe that yourwork has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent withthe following information:
1. An electronic or physical signature of thecopyright owner or someone authorized to act on the owner's behalf to assert a claim of copyright infringement.
2. Identification of the copyrighted workclaimed to have been infringed, or, if multiple copyrighted works at this Siteare covered by a single notification, a representative list of such works atthis Site.
3. Identification of material claimed to beinfringing or to be the subject of infringing activity and that is to beremoved or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permitus to contact the complaining party, such as the party's name, address anddaytime telephone number, and an e-mail address, if available.
5. A statement that the complaining party has agood faith belief that the use of the infringing copyrighted work is not authorized by the copyright owner, its agent, or the law.
6. 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 copyrightright that is allegedly infringed.
Such written noticeshould be sent to our copyright agent as follows:
DMCA Copyright Agent
Citadel Broadcasting Corporation
c/o Leventhal Senter & Lerman PLLC
2000 K Street, NW, Suite 600
Washington, DC 20006-1809
Fax: 202-293-7783
The above address is intended only for notifications and any related correspondenceregarding claims of copyright infringement on this Site. Correspondence pertaining to other matters will not receive a response if sent to the above point of contact.Please note that any person who submits afalse or fraudulent claim of copyright infringement may be subject to liability under U.S. copyright law.
USER CONDUCT
This Site may provide users with the opportunity to submit,post and/or exchange information, including but not limited to data, software, music, video, audio, photographs, graphics, artwork, messages and othermaterials (collectively “Postings”), whether publicly posted or privatelytransmitted.You understand, agree andconsent that such Postings are the sole responsibility of the person from whichsuch Postings originated, and as such, you (and not this Site), are entirely responsible for the consequences ofall Postings that you upload, post, email, transmit or otherwise make availablevia the Site. Pursuant to the terms of this Policy, users may not:
The Site does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of Postings by users.Citadel does not endorse any opinions, whichmay be expressed by any user.Youfurther agree that any reliance on such Postings by other users will be at your own risk.
Citadel does not regularly review, screen or monitor theSite, and as such, Citadel assumes no responsibility, obligation or duty to doso. We are not be liable or responsibleto any user for performance or nonperformance or use of such material. If notified by a user of any Posting orcommunication which allegedly does not conform to this Policy, we reserve theright to, in our sole discretion, investigate the allegation and determinethereafter, in our sole discretion, whether or not to remove or request theremoval of the material.In addition,you understand, agree, and consent to our right to expel users from the Siteand to prevent their access to the Site for violating this Agreement or anyapplicable law.Citadel reserves theright to remove communications considered to be, in our sole judgment,unlawful, harmful, threatening, abusive, obscene, indecent, libelous,disruptive, hateful, infringing, or racially, ethnically or otherwiseobjectionable in any way.
You also grant Citadel a royalty-free, worldwide, perpetual,irrevocable, non-exclusive right (including any moral rights) and license touse, modify, adapt, publish, reproduce, copy, distribute, retransmit,translate, create derivative works from, communicate to the public, publiclyperform or display such content (in whole or in part), and/or to incorporate itin other works in any form, media, or technology now known or later developed,for so long as any rights exist in such content.You also warrant that the holder of any rights, including moralrights in such content, has completely and effectively waived all such rightsand validly and irrevocably granted to you the right to grant the license setforth in this agreement.You alsopermit any other user to access, display, view, store and reproduce suchcontent for such user’s personal use only.
PRIVACY POLICY
To participate in various activities on the Site, you may beasked to provide certain true, complete and current Personal Information orSensitive Personal Information. All Personal Information, Sensitive Personal Information, and any additional typeof information collected from users in general are subject to our PrivacyPolicy, which is incorporated by reference into this agreement.For more information, see our official Privacy Policy.
By submitting content to any area of the Site open to the other users or the general public (which includes, but is not limited to, contests, emailsregarding Station programming, or Public Areas), you understand, acknowledgeand agree that your content will be considered “Public Material” and will notbe subject to the privacy protections generally afforded your Personal Information. You further agree that the Site may save and archive any content of any nature posted to the Site and that the Site may, without liability to any user, disclose such content if required to do so by law or tocomply with legal processes; to respond to claims that any of the contentviolates the property, privacy, publicity or any other rights of anotherindividual, organization or corporation; or to protect the rights, property orsafety of the Station, the Site, its corporate affiliates, Advertisers,employees, suppliers, operational service providers, users and members of the public.
E-MAIL
Email is animportant communications channel for the Site and the Citadel. All email sent to us should be sent by the individual in whose name the email account is registered. We will use your email address and thecontent of any email for administrative, legal, and correspondence purposes and to send you information that you may request. Citadel assumes no obligation to protect such information fromdisclosure, and all non-personal content you provide to the Site by email (suchas feedback, data, answers, questions, comments, suggestions, plans, ideas,etc.) shall be deemed to be non confidential.You understand and agree that we shall be free to reproduce, use,disclose and distribute such content without restriction. In addition, you understand and agree that the submission of such information shall in no way prevent or limit the Station’s use of similar products, services, plans andideas for any purpose.
ADVERTISING AND THIRD PARTY CONTENT
This Siteprovides general advertising, including banner and tile advertisements, andother content provided by our Advertisers and content providers. You understand, acknowledge, and agree that such third party content on this Site is not an endorsement by the Station or Citadel of any of the goods, services or messages conveyed in the content or the business practices (including the privacy policies) of such third partycontent providers. Users may from time to time enter into correspondence with or participation in the advertising or promotions offered through the Site to which the Station is not a party, and you acknowledge and agree that such contractual agreements are solely between the Advertiser and the user.Your further agree that the Site is not responsible for fulfilling any terms, conditions,promises, representations and warranties made by Advertisers or other third parties, including but not limit to in the context of any agreements betweenusers, or the purchase of goods and services offered by Advertisers or otherthird parties.
PRODUCTS & SHOPPING
This Site may offer various goods and services for sale (“Products”), or direct or link to other websites that sell goods and services. We have no responsibility or liability whatsoever forgoods orservices you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through this Site. If a Product sold onthis Site is listed at an incorrect price or with incorrect information, wereserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debt card account has been charged (in which event we will issue a credit to your accountin the amount of the charge).
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, CITADEL EXPRESSLY DISCLAIMS (1) ANY AND ALL LIABILITY ARISING FROM ORRELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND (2) ALL REPRESENTATIONS ANDWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OFFITNESS FOR A PARTICULAR PURPOSE.
Our creation or transmission of anorder confirmation does not signify final acceptance of your order, nor does itconstitute a binding confirmation of an offer to sell any Product.Citadel reserves the right to accept ordecline your order for any reason up until the time the Product is actuallydelivered to you.We reserve the rightat any time, without prior notice, to limit or reduce the quantity you orderedof any Product upon providing notice of same. Products on the Site are not for resale or for commercial sale. Products on the Site are offeredfor sale only to end user customers or as personal gifts to end user customers.We do not accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies.Citadel reserve the right to refuse, cancel or seek the return ofany Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the saleor use of Products and applicable taxes will be added to the amount charged forProducts purchased on the Site.
HYPERLINKS TO THIRD PARTY WEBSITES
This Siteprovides links to certain third party websites and references to otherresources that could be of interest to our users. Youunderstand, acknowledge and agree that these links are provided solely as aconvenience to you and not as an endorsement by Citadel of the content,advertising or business practices (including the privacy policies) of suchthird party websites, regardless of whether the Station’s logo or sponsorshipidentification is on the third party website, or whether the Site conducts“framing,” which allows a user to access several web pages or websites whilestill viewing a header or border from this Site.These third party websites mayhave different privacy policies and business practices than we do.Therefore, we do not endorse, verify, makeany representations, or take responsibility for the content, truthfulness, accuracy,quality or completeness of the content or activities conducted on suchwebsites.You furtheragree and consent that Citadel and its respective officers, directors,employees, representatives, agents, and operational service providers will not,under any circumstances, be responsibleor liable, directly or indirectly, for any damage or loss caused or alleged tobe caused by or in connection with your use of or reliance on the content,advertising or business practices of linked third party sites.If you decide to access and use linked thirdparty websites, you understand, acknowledge, and agree that you do sovoluntarily and at your own risk.
CHAT ROOMS, MESSAGE BOARDS AND OTHER PUBLIC AREAS
By using or registering on any Site, including but not limited to message boards, chat rooms and other public forums (collectively“Public Areas”), you understand, agree, and consent to follow and to be subjectto the Site’s Privacy Policy and the following rules.See Citadel’s Privacy Policy. In addition, you agree that we reserve the right, at our sole discretion, to terminate your membership or registration at any time, block access to your membership file or profile(s), delete any or all of yourpostings, and/or reject participation in any other activity or service providedto you by the Site.Citadel also reserves the right to take such actions, with or without notice, and withoutany liability to the account holder and user.
As an entertainment service to our users, this Site provides Public Areasthat enable users to interact with other users, on-air talent and other Citadelpersonnel, and share commentary on a variety of subjects.A variety of subjects may be discussed viathe Public Areas, however, use of such areas may only be for lawful and non-commercialpurposes.The Site specifically prohibitscertain uses and activities.You understand, agree and consent by accessing or registering on Public Areas orany interactive area of the Site that you are prohibited from use of the Site for (i) any of the purposes below and (ii) the conduct listed in the UserConduct section of this Agreement:
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, ANDSERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT")ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THECONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIEDWARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE,OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION ORMODIFICATION UNDER APPLICABLE LAW. NEITHER STATION, CITADEL, NOR OURSUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE,INCLUDING BUT NOT LIMITED TO ANY SOFTWARE, PRODUCTS, SERVICES, INFORMATION,TEXT, RELATED GRAPHICS, DESIGN, VIDEO CLIPS, AUDIO CLIPS, ARTWORK, IMAGES,PHOTOGRAPHS, LINKS, DATA, OR OTHER MATERIAL, IS ACCURATE, RELIABLE, COMPLETE,TIMELY OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME ORLOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT ISFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVESUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS ORRECOMMENDATIONS ON THE SITE.YOUR USEOF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK.IF YOUR USE OF THE SITE OR THE MATERIALRESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE SITE ISNOT RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICATINOS DO NOT ALLOW FOR THE EXCLUSION OFCERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOTAPPLY TO YOU BY OPERATION OF LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL STATION, OUR PARENT, SUBSIDIARIES, OWNER,OPERATOR, AFFILIATES, SUCCESSORS AND ASSIGNS OR OUR LICENSORS BE LIABLE FOR ANYDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, COMPENSATORY, SPECIAL ORCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THESITE OR FROM INFORMATION PROVIDED ON THE SITE OR THE PROVISION OR FAILURE TOPROVIDE ANY SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY ISBASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHERBASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSESOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TOTHE EXTENT PERMITTED BY LAW. STATION IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BYSERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNETCONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN ORTECHNICAL IN NATURE. IN NO EVENT SHALL STATION’S TOTAL LIABILITY TO YOUFOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACTOR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
INDEMNIFICATION
You agree to defend, indemnify, and hold the Station, Citadel, its parent,subsidiaries, affiliates, and their employees, officers, directors, agents,representatives, and contractors harmless from any and all liabilities, claims,actions, demands, costs and expenses, including reasonable attorney's fees,that arise from your use or misuse of the Site or the Content therein or fromyour breach of any provision of these Terms and Conditions. We reserve theright, at our own expense, to assume the exclusive defense and control of anymatter otherwise subject to indemnification by you, in which event you willcooperate with us in asserting any available defenses.
SECURITY OF THE SITE
Certain of the Site’s listener/user and other membershipactivities are to be accessed only by registered users of the Site which shouldhave only one unique user name with one unique password.If you are found to share passwords with anynon-registered member we may terminate your membership, at our discretion,immediately without notice. As a user of this Site, the following actions are also prohibited:
UNAUTHORIZEDUSE AND TERMINATION
You agree to use the Site only for authorized andlegal activities. Citadel reserves the right, in its sole discretion, toterminate your access to all or part of the Site, with or without notice, at any time and for any reason whatsoever. In the event of such termination, you will still be bound by you robligations under these Terms of Use, including the warranties made by you, andby the disclaimers and limitations of liability. Additionally, Citadel shall not be liable to you or any third party for any termination of your access to all or part of the Site.
ACCOUNTS, SECURITY, PASSWORDS
If at any time the Site requires you to open or register 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. Registration for an account on this site is subject to those additionalterms and conditions accompanying the registration process.It is your responsibility to maintain thecurrency, completeness, and accuracy of your registration data and any losscaused 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 auser name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible forany and all activities that occur under your account. You agree to notifyCitadel of any unauthorized use of your account. Citadel is not liable for anyloss that you may incur as a result of someone else using your password oraccount, either with or without your knowledge.
MODIFICATION,SUSPENSION OR DISCONTINUANCE
Citadel reserves the right to modify or discontinuethe Site (or any part thereof) at any time, on a temporary or permanent basis,with or without notice. You understand, acknowledge and agree that Citadel will not be liable to you or to any thirdparty for any such modification, suspension or discontinuance of any or allservices offered on the Site.Nochanges to these Terms of Use shall be made except by a revised posting on thispage and no advice or other information provided by Citadel or its representatives to any user in any manner which is not posted on this page willconstitute any amendment of, waiver or change to this Agreement, unless such anamendment, waiver or change is in writing from Citadel.
CONTESTS,SWEEPSTAKES AND OTHER MEMBERSHIP ACTIVITIES
To participate in various Site activities, users mustcomplete a registration process and may receive/select a “user name” andpassword.You understand, acknowledgeand agree that you are responsible for maintaining the confidentiality of your Personal Information and Sensitive Personal Information defined in the Privacy Policy and the user name and password received upon registration on theSite.You will be fully responsible forall uses of your registration and for any activity that occurs under yourpassword or account, whether or not authorized by you. You further agree to immediately notify theSite of any unauthorized use of your registration and/or password.
INTERNATIONAL USE
By choosing to access the Site from any location other than the United States,you do so at your own risk and initiative and accept full responsibility forcompliance with all applicable local laws of that jurisdiction. Citadel makesno representation that materials on the Site are appropriate or available foruse in locations outside the United States, and accessing them from territorieswhere their contents are illegal is prohibited.
CHOICE OF LAW
This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Maine, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shallbe filed only in the state or federal courts located in the State of Maine, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
INTEGRATION AND SEVERABILITY
These Terms of Use constitute the entire agreement between Citadel and you withrespect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of these Terms of Use agreement, or the application thereof to any person or circumstances, is determined to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions, and all other provisions of the Terms of Use shall remain in full force andeffect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such termor any other term. Except as specifically provided elsewhere herein, these Terms of Use constitute theentire agreement between you and Citadel with respect to the use of the Site.
CONTACT INFORMATION
If you have any questions regarding this Agreement,please contact the Site Administrator via email at mike.sambrook@citcomm.com or contact:
97.9 WJBQ
One City Center – Portland, ME 04101
ATTN: Web Site Administrator
This Terms of Use Agreement was last updated onAugust 2007 and is effective immediately.
Copyright © 2008 Citadel Broadcasting Corporation. All rights reserved.
TERMS OF USE
ELIGIBILITY& ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to WJBQ.com (the “Site”), the official website for Radio Station WJBQ 97.9 FM, Portland (the “Station”). This site is owned andoperated by Citadel Broadcasting Corporation and/or its subsidiaries(collectively “Citadel” or “we”). Unless specified otherwise on the Site, users must beat least 18 years of age and a legal resident of the United States before participation in any contest, sweepstakes or interactive activities. By your participation in our Site activities, you certify that you are at least 18 years of age and meet anyother eligibility and residency requirements of the Site.
By using the Site, you understand, acknowledge andagree that you will be bound by all terms, conditions and notices contained orreferenced herein (the "Terms of Use"). In addition, you shall be subject to any posted guidelines, conditions or rules applicable to this Site or any services or products offered through this Site, which may be posted from time to time. All such guidelines, conditions or rules, aswell as the Privacy Policy, are hereby incorporated by reference into theseTerms of Use. These Terms of Use will remain in full force and effect as long as you are a user of the Site. We may change the Terms of Use at any timeby posting revisions to the Site, and your continued use of the Site indicatesyour agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revisedpolicy, please exit the site immediately. We recommend that you periodically visit this page to review the currentTerms of Use. The terms “you” and “user” as used in the Terms of Use refer to all individuals and/or entities accessing this Site for anyreason.
INTELLECTUAL PROPERTY
You acknowledge that all content and materials available on this site,including without limitation software, text, graphics, images, audio and videoclips, artwork, photographs, logos, button icons, documents and marks and anyother material on the Site including the selection and arrangement thereof, areprotected by national and international copyrights, trademarks, service marks,patents, patent registration rights, trade secrets, know-how or otherproprietary rights and laws and are owned by Citadel and/or its subsidiaries,affiliates, assigns, licensors, the Site's designer, hosting, programming andcontest management/prize fulfillment vendors, and/or the Site’s advertisers,sponsors, and promotional partners. Except where otherwise noted, you maydownload, print or view individual pages for noncommercial use, provided you donot delete or alter any of the information, including, without limitation, anycopyright or trademark notices. You may only use the Site or its contents asexpressly permitted in these Terms of Use and for no other purpose. Citadel,our licensors or associates retain exclusive ownership of all data, materialand other information regarding your use of the Site. Except as we mayexpressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,edit or create derivative works from the content or materials on the Site. Systematicretrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without ourwritten permission is prohibited. Unless otherwise indicated, all logos, names,package designs and marks on the Site are trademarks or service marks or usedunder license by Citadel. The use or misuse of any of these materials isstrictly prohibited.
Notwithstanding any statement to thecontrary in these Terms of Use, you will not use or attempt to use, and shallcause each other party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including, withoutl imitation, browsers, spiders, avatars or intelligent agents) to navigate orsearch the Site other than (a) the search engine and search agents availablefrom the Site and (b) generally available third-party web browsers.
COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS
If you believe that yourwork has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent withthe following information:
1. An electronic or physical signature of thecopyright owner or someone authorized to act on the owner's behalf to assert a claim of copyright infringement.
2. Identification of the copyrighted workclaimed to have been infringed, or, if multiple copyrighted works at this Siteare covered by a single notification, a representative list of such works atthis Site.
3. Identification of material claimed to beinfringing or to be the subject of infringing activity and that is to beremoved or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permitus to contact the complaining party, such as the party's name, address anddaytime telephone number, and an e-mail address, if available.
5. A statement that the complaining party has agood faith belief that the use of the infringing copyrighted work is not authorized by the copyright owner, its agent, or the law.
6. 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 copyrightright that is allegedly infringed.
Such written noticeshould be sent to our copyright agent as follows:
DMCA Copyright Agent
Citadel Broadcasting Corporation
c/o Leventhal Senter & Lerman PLLC
2000 K Street, NW, Suite 600
Washington, DC 20006-1809
Fax: 202-293-7783
The above address is intended only for notifications and any related correspondenceregarding claims of copyright infringement on this Site. Correspondence pertaining to other matters will not receive a response if sent to the above point of contact.Please note that any person who submits afalse or fraudulent claim of copyright infringement may be subject to liability under U.S. copyright law.
USER CONDUCT
This Site may provide users with the opportunity to submit,post and/or exchange information, including but not limited to data, software, music, video, audio, photographs, graphics, artwork, messages and othermaterials (collectively “Postings”), whether publicly posted or privatelytransmitted.You understand, agree andconsent that such Postings are the sole responsibility of the person from whichsuch Postings originated, and as such, you (and not this Site), are entirely responsible for the consequences ofall Postings that you upload, post, email, transmit or otherwise make availablevia the Site. Pursuant to the terms of this Policy, users may not:
- post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
- post material that infringes on anyother intellectual property rights of others or on the privacy or publicity rights of others;
- post material that reveals tradesecrets, unless you own them or have the permission of the owner to do so;
- post a sexually-explicit image orstatement;
- post material that is considered bythe Site, in its sole judgment, to be obscene, indecent, defamatory, threatening, harassing, tortious, abusive, hateful, embarrassing or harmful to another useror any other person or entity;
- post advertisements or solicitationsof business;
- post any incomplete, false, fraudulent or inaccurate biographical information or general information whichis not your own information, or impersonate another person; or
- post chain letters or pyramid schemes.
The Site does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of Postings by users.Citadel does not endorse any opinions, whichmay be expressed by any user.Youfurther agree that any reliance on such Postings by other users will be at your own risk.
Citadel does not regularly review, screen or monitor theSite, and as such, Citadel assumes no responsibility, obligation or duty to doso. We are not be liable or responsibleto any user for performance or nonperformance or use of such material. If notified by a user of any Posting orcommunication which allegedly does not conform to this Policy, we reserve theright to, in our sole discretion, investigate the allegation and determinethereafter, in our sole discretion, whether or not to remove or request theremoval of the material.In addition,you understand, agree, and consent to our right to expel users from the Siteand to prevent their access to the Site for violating this Agreement or anyapplicable law.Citadel reserves theright to remove communications considered to be, in our sole judgment,unlawful, harmful, threatening, abusive, obscene, indecent, libelous,disruptive, hateful, infringing, or racially, ethnically or otherwiseobjectionable in any way.
You also grant Citadel a royalty-free, worldwide, perpetual,irrevocable, non-exclusive right (including any moral rights) and license touse, modify, adapt, publish, reproduce, copy, distribute, retransmit,translate, create derivative works from, communicate to the public, publiclyperform or display such content (in whole or in part), and/or to incorporate itin other works in any form, media, or technology now known or later developed,for so long as any rights exist in such content.You also warrant that the holder of any rights, including moralrights in such content, has completely and effectively waived all such rightsand validly and irrevocably granted to you the right to grant the license setforth in this agreement.You alsopermit any other user to access, display, view, store and reproduce suchcontent for such user’s personal use only.
PRIVACY POLICY
To participate in various activities on the Site, you may beasked to provide certain true, complete and current Personal Information orSensitive Personal Information. All Personal Information, Sensitive Personal Information, and any additional typeof information collected from users in general are subject to our PrivacyPolicy, which is incorporated by reference into this agreement.For more information, see our official Privacy Policy.
By submitting content to any area of the Site open to the other users or the general public (which includes, but is not limited to, contests, emailsregarding Station programming, or Public Areas), you understand, acknowledgeand agree that your content will be considered “Public Material” and will notbe subject to the privacy protections generally afforded your Personal Information. You further agree that the Site may save and archive any content of any nature posted to the Site and that the Site may, without liability to any user, disclose such content if required to do so by law or tocomply with legal processes; to respond to claims that any of the contentviolates the property, privacy, publicity or any other rights of anotherindividual, organization or corporation; or to protect the rights, property orsafety of the Station, the Site, its corporate affiliates, Advertisers,employees, suppliers, operational service providers, users and members of the public.
Email is animportant communications channel for the Site and the Citadel. All email sent to us should be sent by the individual in whose name the email account is registered. We will use your email address and thecontent of any email for administrative, legal, and correspondence purposes and to send you information that you may request. Citadel assumes no obligation to protect such information fromdisclosure, and all non-personal content you provide to the Site by email (suchas feedback, data, answers, questions, comments, suggestions, plans, ideas,etc.) shall be deemed to be non confidential.You understand and agree that we shall be free to reproduce, use,disclose and distribute such content without restriction. In addition, you understand and agree that the submission of such information shall in no way prevent or limit the Station’s use of similar products, services, plans andideas for any purpose.
ADVERTISING AND THIRD PARTY CONTENT
This Siteprovides general advertising, including banner and tile advertisements, andother content provided by our Advertisers and content providers. You understand, acknowledge, and agree that such third party content on this Site is not an endorsement by the Station or Citadel of any of the goods, services or messages conveyed in the content or the business practices (including the privacy policies) of such third partycontent providers. Users may from time to time enter into correspondence with or participation in the advertising or promotions offered through the Site to which the Station is not a party, and you acknowledge and agree that such contractual agreements are solely between the Advertiser and the user.Your further agree that the Site is not responsible for fulfilling any terms, conditions,promises, representations and warranties made by Advertisers or other third parties, including but not limit to in the context of any agreements betweenusers, or the purchase of goods and services offered by Advertisers or otherthird parties.
PRODUCTS & SHOPPING
This Site may offer various goods and services for sale (“Products”), or direct or link to other websites that sell goods and services. We have no responsibility or liability whatsoever forgoods orservices you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through this Site. If a Product sold onthis Site is listed at an incorrect price or with incorrect information, wereserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debt card account has been charged (in which event we will issue a credit to your accountin the amount of the charge).
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, CITADEL EXPRESSLY DISCLAIMS (1) ANY AND ALL LIABILITY ARISING FROM ORRELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND (2) ALL REPRESENTATIONS ANDWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OFFITNESS FOR A PARTICULAR PURPOSE.
Our creation or transmission of anorder confirmation does not signify final acceptance of your order, nor does itconstitute a binding confirmation of an offer to sell any Product.Citadel reserves the right to accept ordecline your order for any reason up until the time the Product is actuallydelivered to you.We reserve the rightat any time, without prior notice, to limit or reduce the quantity you orderedof any Product upon providing notice of same. Products on the Site are not for resale or for commercial sale. Products on the Site are offeredfor sale only to end user customers or as personal gifts to end user customers.We do not accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies.Citadel reserve the right to refuse, cancel or seek the return ofany Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the saleor use of Products and applicable taxes will be added to the amount charged forProducts purchased on the Site.
HYPERLINKS TO THIRD PARTY WEBSITES
This Siteprovides links to certain third party websites and references to otherresources that could be of interest to our users. Youunderstand, acknowledge and agree that these links are provided solely as aconvenience to you and not as an endorsement by Citadel of the content,advertising or business practices (including the privacy policies) of suchthird party websites, regardless of whether the Station’s logo or sponsorshipidentification is on the third party website, or whether the Site conducts“framing,” which allows a user to access several web pages or websites whilestill viewing a header or border from this Site.These third party websites mayhave different privacy policies and business practices than we do.Therefore, we do not endorse, verify, makeany representations, or take responsibility for the content, truthfulness, accuracy,quality or completeness of the content or activities conducted on suchwebsites.You furtheragree and consent that Citadel and its respective officers, directors,employees, representatives, agents, and operational service providers will not,under any circumstances, be responsibleor liable, directly or indirectly, for any damage or loss caused or alleged tobe caused by or in connection with your use of or reliance on the content,advertising or business practices of linked third party sites.If you decide to access and use linked thirdparty websites, you understand, acknowledge, and agree that you do sovoluntarily and at your own risk.
CHAT ROOMS, MESSAGE BOARDS AND OTHER PUBLIC AREAS
By using or registering on any Site, including but not limited to message boards, chat rooms and other public forums (collectively“Public Areas”), you understand, agree, and consent to follow and to be subjectto the Site’s Privacy Policy and the following rules.See Citadel’s Privacy Policy. In addition, you agree that we reserve the right, at our sole discretion, to terminate your membership or registration at any time, block access to your membership file or profile(s), delete any or all of yourpostings, and/or reject participation in any other activity or service providedto you by the Site.Citadel also reserves the right to take such actions, with or without notice, and withoutany liability to the account holder and user.
As an entertainment service to our users, this Site provides Public Areasthat enable users to interact with other users, on-air talent and other Citadelpersonnel, and share commentary on a variety of subjects.A variety of subjects may be discussed viathe Public Areas, however, use of such areas may only be for lawful and non-commercialpurposes.The Site specifically prohibitscertain uses and activities.You understand, agree and consent by accessing or registering on Public Areas orany interactive area of the Site that you are prohibited from use of the Site for (i) any of the purposes below and (ii) the conduct listed in the UserConduct section of this Agreement:
- Posting a profile for anything other than to participate in online discussion via the Public Area.
- Deletingor revising any content or material posted by any other person or entity.
- Sending a message to a user for any reason other than to participate in onlinediscussions.
- Forging any TCP/IP packet header or any part of the header information in any email ornewsgroup posting for any reason.
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, ANDSERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT")ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THECONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIEDWARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE,OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION ORMODIFICATION UNDER APPLICABLE LAW. NEITHER STATION, CITADEL, NOR OURSUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE,INCLUDING BUT NOT LIMITED TO ANY SOFTWARE, PRODUCTS, SERVICES, INFORMATION,TEXT, RELATED GRAPHICS, DESIGN, VIDEO CLIPS, AUDIO CLIPS, ARTWORK, IMAGES,PHOTOGRAPHS, LINKS, DATA, OR OTHER MATERIAL, IS ACCURATE, RELIABLE, COMPLETE,TIMELY OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME ORLOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT ISFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVESUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS ORRECOMMENDATIONS ON THE SITE.YOUR USEOF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK.IF YOUR USE OF THE SITE OR THE MATERIALRESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE SITE ISNOT RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICATINOS DO NOT ALLOW FOR THE EXCLUSION OFCERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOTAPPLY TO YOU BY OPERATION OF LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL STATION, OUR PARENT, SUBSIDIARIES, OWNER,OPERATOR, AFFILIATES, SUCCESSORS AND ASSIGNS OR OUR LICENSORS BE LIABLE FOR ANYDIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, COMPENSATORY, SPECIAL ORCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THESITE OR FROM INFORMATION PROVIDED ON THE SITE OR THE PROVISION OR FAILURE TOPROVIDE ANY SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY ISBASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHERBASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSESOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL ORCONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TOTHE EXTENT PERMITTED BY LAW. STATION IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BYSERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNETCONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN ORTECHNICAL IN NATURE. IN NO EVENT SHALL STATION’S TOTAL LIABILITY TO YOUFOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACTOR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
INDEMNIFICATION
You agree to defend, indemnify, and hold the Station, Citadel, its parent,subsidiaries, affiliates, and their employees, officers, directors, agents,representatives, and contractors harmless from any and all liabilities, claims,actions, demands, costs and expenses, including reasonable attorney's fees,that arise from your use or misuse of the Site or the Content therein or fromyour breach of any provision of these Terms and Conditions. We reserve theright, at our own expense, to assume the exclusive defense and control of anymatter otherwise subject to indemnification by you, in which event you willcooperate with us in asserting any available defenses.
SECURITY OF THE SITE
Certain of the Site’s listener/user and other membershipactivities are to be accessed only by registered users of the Site which shouldhave only one unique user name with one unique password.If you are found to share passwords with anynon-registered member we may terminate your membership, at our discretion,immediately without notice. As a user of this Site, the following actions are also prohibited:
- Accessing data not intended for suchuser or logging into a server or account in which the user is not authorized toaccess.
- Attempting to probe, scan or testthe vulnerability of the system or network or to breach the security orauthentication measures of the Site without proper authorization.
- Forging any headers or otherwisemanipulation of Site identifiers in order to disguise the origin oftransmission through the Site.
- Attempting to interfere with serviceto any user, host or network, including, without limitation, via means ofsubmitting a virus to the Site, overloading, "flooding,""spamming," "mailbombing," or "crashing" the Siteor the server of any user.
- Sending unsolicited commercial emailindividually or in bulk (also called, Spam), which promotes or advertises theStation, the Site, or any other activity, program, product, or service.
- Harvesting email addresses off thisSite through an automated process.
- Bypassing this Site’s homepage viadeep-linking or any other means, or framing this Site, or any webpage ormaterial on the Site without the express written permission from Citadel.Users are also prohibited from hyperlinkingto this Site or any webpage in an email sent for commercial purposes, withoutthe express written permission of Citadel.
- Attempting to gain unauthorizedaccess to the Site’s features or activities, interfering with or manipulatingin any manner the entry or registration process for contests, sweepstakes,surveys, opinion polls, chat rooms, message or bulletin boards, or any otherinteractive features and activities on this Site.
- Falsifying identification orimpersonating any person or entity, including, but not limited to, a Site orStation official, chat room or public forum leader, host, or guide, whenaccessing or participating in such features and activities.
- Setting up fake sites or other dummysites that appear to be the Site, mirroring the Site’s contents, or otherwisecopying any part of the Site Material and/or layout.
UNAUTHORIZEDUSE AND TERMINATION
You agree to use the Site only for authorized andlegal activities. Citadel reserves the right, in its sole discretion, toterminate your access to all or part of the Site, with or without notice, at any time and for any reason whatsoever. In the event of such termination, you will still be bound by you robligations under these Terms of Use, including the warranties made by you, andby the disclaimers and limitations of liability. Additionally, Citadel shall not be liable to you or any third party for any termination of your access to all or part of the Site.
ACCOUNTS, SECURITY, PASSWORDS
If at any time the Site requires you to open or register 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. Registration for an account on this site is subject to those additionalterms and conditions accompanying the registration process.It is your responsibility to maintain thecurrency, completeness, and accuracy of your registration data and any losscaused 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 auser name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible forany and all activities that occur under your account. You agree to notifyCitadel of any unauthorized use of your account. Citadel is not liable for anyloss that you may incur as a result of someone else using your password oraccount, either with or without your knowledge.
MODIFICATION,SUSPENSION OR DISCONTINUANCE
Citadel reserves the right to modify or discontinuethe Site (or any part thereof) at any time, on a temporary or permanent basis,with or without notice. You understand, acknowledge and agree that Citadel will not be liable to you or to any thirdparty for any such modification, suspension or discontinuance of any or allservices offered on the Site.Nochanges to these Terms of Use shall be made except by a revised posting on thispage and no advice or other information provided by Citadel or its representatives to any user in any manner which is not posted on this page willconstitute any amendment of, waiver or change to this Agreement, unless such anamendment, waiver or change is in writing from Citadel.
CONTESTS,SWEEPSTAKES AND OTHER MEMBERSHIP ACTIVITIES
To participate in various Site activities, users mustcomplete a registration process and may receive/select a “user name” andpassword.You understand, acknowledgeand agree that you are responsible for maintaining the confidentiality of your Personal Information and Sensitive Personal Information defined in the Privacy Policy and the user name and password received upon registration on theSite.You will be fully responsible forall uses of your registration and for any activity that occurs under yourpassword or account, whether or not authorized by you. You further agree to immediately notify theSite of any unauthorized use of your registration and/or password.
INTERNATIONAL USE
By choosing to access the Site from any location other than the United States,you do so at your own risk and initiative and accept full responsibility forcompliance with all applicable local laws of that jurisdiction. Citadel makesno representation that materials on the Site are appropriate or available foruse in locations outside the United States, and accessing them from territorieswhere their contents are illegal is prohibited.
CHOICE OF LAW
This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Maine, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shallbe filed only in the state or federal courts located in the State of Maine, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
INTEGRATION AND SEVERABILITY
These Terms of Use constitute the entire agreement between Citadel and you withrespect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of these Terms of Use agreement, or the application thereof to any person or circumstances, is determined to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions, and all other provisions of the Terms of Use shall remain in full force andeffect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such termor any other term. Except as specifically provided elsewhere herein, these Terms of Use constitute theentire agreement between you and Citadel with respect to the use of the Site.
CONTACT INFORMATION
If you have any questions regarding this Agreement,please contact the Site Administrator via email at mike.sambrook@citcomm.com or contact:
97.9 WJBQ
One City Center – Portland, ME 04101
ATTN: Web Site Administrator
This Terms of Use Agreement was last updated onAugust 2007 and is effective immediately.
Copyright © 2008 Citadel Broadcasting Corporation. All rights reserved.
