
ALL
JERSEY RADIO
A division of 900 Miles Entertainment, Inc.
Acceptance of Terms Through Use
Welcome to ALL JERSEY RADIO a website operated by 900 Miles Entrtainment,
Inc. (hereinafter "900 Miles") and 900 Miles Internet Radio
Station (hereinafter "900 Miles Radio"). Please read the following
terms and conditions carefully, as they govern your use of the www.900miles.com
website (hereinafter the "Site"). Your use of the Site constitutes
your acceptance without modification of all of the terms, conditions,
and notices contained herein. We offer the Site to you conditioned on
your acceptance of these Terms of Use. In consideration of your agreement
to these Terms of Use and for other valuable consideration, we grant
to you a limited, non-exclusive, revocable and non-transferable license
(as referenced below) to access and use the Site. We reserve all rights
not expressly granted in this Agreement.
We reserve the right to make modifications, improvements, deletions,
or amendments to the Site at any time we deem appropriate. Any and all
relevant portions of this Agreement will apply automatically to all
modifications, improvements, deletions, and/or amendments as they appear.
In addition, we reserve the right at any time to modify the terms and
conditions of this Agreement, or any part thereof, or to impose new
conditions on the Agreement. Except as otherwise stated herein, any
modification to this Agreement shall be effective ten (10) days after
it initially is posted on the Site. Your use of the Site after any such
change will be conclusively deemed acceptance of such change.
Permitted Use
You agree that you are only authorized to visit, view and to retain
a copy of pages of the Site for your own personal use, and that you
shall not duplicate, download, publish, modify or otherwise distribute
the material on the Site for any purpose other than for personal use,
unless otherwise specifically authorized by us to do so. You also agree
not to deep-link (place a hyperlink on a website that links to another
website but not at its homepage) to the Site for any purpose, unless
specifically authorized by us to do so. The content and software on
this Site is the property of 900 Miles and is protected by U.S. and
international copyright laws.
Limited License
You are granted a limited, non-exclusive, revocable and non-transferable
license to utilize and access the Site pursuant to the requirements
and restrictions of these Terms of Use. We may change, suspend, or discontinue
any aspect of the Site at any time. We may also, without notice or liability,
impose limits on certain features and services or restrict your access
to all or portions of the Site. You shall have no rights to the proprietary
software and related documentation, if any, provided to you in order
to access the Site. Except as provided in these Terms of Use, you shall
have no right to directly or indirectly, own, use, loan, sell, rent,
lease, license, sublicense, assign, copy, translate, modify, adapt,
improve, or create any new or derivative works from, or display, distribute,
perform, or in any way exploit the Site, or any of its contents (including
software) in whole or in part.
Violation of the Terms of Use
You understand and agree that in our sole discretion, and without prior
notice, we may terminate your access to the Site, or exercise any other
remedy available and remove any unauthorized user information, if we
believe that the information you provide has violated or is inconsistent
with these Terms of Use, or violates the rights of 900 Miles, or any
third party, or violates the law. You agree that monetary damages may
not provide a sufficient remedy to us for violations of these Terms
of Use and you consent to injunctive or other equitable relief for such
violations. We may release user information about you if required by
law or subpoena.
Copyright Policy
We may terminate the privileges of any user who uses the Site to unlawfully
transmit copyrighted material without a license, express consent, valid
defense or fair use exemption to do so. If you submit information or
content to the Site, you warrant that the information or content does
not infringe the copyrights or other rights of third parties.
Representations By You
By visiting the Site, you represent, warrant and covenant that (a) you
are at least 18 years old; (b) that you are a resident of the United
States; and (c) that all materials of any kind submitted by you through
the Site or for inclusion on the Site will not plagiarize, violate or
infringe upon the rights of any third party including trade secret,
copyright, trademark, trade dress, privacy, patent, or other personal
or proprietary rights.
License Granted by You
By providing content or information to us, including by submitting or
uploading content or materials for use on the Site, you represent and
warrant that you or the owner of all rights to such content or materials
has expressly granted us an irrevocable world-wide right in all languages
and in perpetuity to use and exploit all or any part of the content
and materials provided by you. We may publish and distribute any such
submitted content or materials at our sole discretion by any method
now existing or later developed. You agree that you shall waive all
claims and have no recourse against us for any alleged or actual infringement
or misappropriation of any proprietary rights in any communication,
content or material submitted to us. Any communication or materials
you send to us will be treated as non-confidential and non-proprietary
and may be disseminated or used by us for any purpose, including, but
not limited to, developing, creating, manufacturing or marketing products
or services.
Advertising
The Site may contain advertisements and/or sponsorships. The advertisers
and/or sponsors that provide these advertisements and sponsorships are
solely responsible for insuring that the materials submitted for inclusion
on the Site are accurate and comply with all applicable laws. We are
not responsible for the acts or omissions of any advertiser or sponsor.
Your decision to make purchases from any such advertiser or sponsor
is completely voluntary and within your sole discretion. You are solely
responsible for payment of all costs or fees associated with any such
purchase, including payment of all shipping charges, applicable sales
tax, or other taxes, assessments, or fees imposed by applicable law.
No Commercial Use
This Site may not be used by you for any commercial purposes such as
to conduct sales of merchandise or services of any kind. You must obtain
our prior written consent to make commercial offers of any kind on the
Site, whether by advertising, solicitations, links, or any other form
of communication. We will investigate and take appropriate legal action
against anyone who violates this provision, including without limitation,
removing the offending communication from the Site and barring such
violators from use of the Site.
Links and Search Results
The Site may contain windows or hyperlinks which provide access to other
websites not affiliated with the Site or with us (hereinafter the "External
Websites"), or to informational content provided by the External
Websites. Your use of such External Websites or informational content,
while subject to the terms of this Agreement, is also subject to and
governed by the terms and guidelines, if any, contained within such
External Website.
We do not endorse and are not liable for the content of any External
Website, and do not make any representations or warranties concerning
any informational content or materials available on such External Website,
including that they will not contain viruses or otherwise impact your
computer. We have no control over these External Websites or the content
within them. We do not guarantee, represent or warrant that the content
contained in any External Website is accurate, legal and/or inoffensive.
By using the Site to search for or link to another site, you agree and
understand that you may not make any claim against us for any damages
or losses, whatsoever, resulting from your use of the Site to obtain
search results or to link to another site. You acknowledge, understand,
and agree that we shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with your use of or reliance on any informational content, products,
services, software, or other materials available on or provided by any
External Website. If you have a problem with a link from the Site, you
may notify us at technical@900miles.com
Career Advice and Professional Networking Websites
The Site may provide a venue for you to access External Websites containing
career advice and professional networking forums. We have no control
over the accuracy, reliability, completeness, or timeliness of the information
or services available through any such External Websites, and makes
no warranties or representations about any of the networking forums
or service vendors posted thereon. To the extent that such External
Websites collect personal information or postings from you, you are
advised that in no event shall we assume or have any responsibility
or liability for the manner in which such information or postings are
exploited or for any claims, damages, or losses resulting from their
use and/or appearance on the External Websites. We are not an employment
agency or a recruiting firm and make no representation or guarantees
regarding the effectiveness or timeliness of vendors offering career
services in meeting the objectives of the users. We do not guarantee
that use of the Site and/or the hyperlinks to External Websites listed
thereon will result in users being hired, and we are not responsible
for any employment decisions, regardless of the reasons such decisions
were made.
Intellectual Property
You acknowledge that all content and materials available on this Site
are protected by national and international copyrights, trademarks,
service marks, patents, patent registration rights, trade secrets, know-how
or other proprietary rights and laws and are owned by us or our licensors.
Except where otherwise noted, you may download, print or view individual
pages for noncommercial use, provided you do not delete or change any
of the information, including copyright or trademark notices. You may
only use the Site or its contents as expressly permitted in this Terms
of Use and for no other purpose. We, our licensors or associates retain
exclusive ownership of all data, material and other information regarding
your use of the Site. Except as we may expressly 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. Systematic retrieval
of data or other content from the Site to create or compile, directly
or indirectly, a collection, compilation, database or directory without
our written permission is prohibited. Unless otherwise indicated, all
logos, names, package designs and marks on the Site are trademarks or
service marks or used under license by us. The use or misuse of any
of these materials is strictly prohibited.
Digital Millennium Copyright Act (DMCA) Policy
If you are notifying us of alleged copyright infringement, please be
sure to provide the following information in the form required by 17
U.S.C. § 512:
1. A description of the copyrighted work that you allege is being infringed,
or, if multiple copyrighted covered by a single notification, a representative
list of such works;
2. A description of the allegedly infringing material and information
sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such
as an address, telephone number, and/or an electronic mail address;
4. A statement by you that you have a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, or its agent, or the law; and
5. A statement by you that the information in the notification is accurate
and that you have the authority to enforce the copyrights that are claimed
to be infringed.
Designated Agent for Notification of Claimed Copyright Infringement
EMAIL: programdirector@900miles.com
Allocation of Responsibility
We assume no responsibility for the activities, omissions, or other
conduct of users. We act as a portal for the online distribution and
publication of information and have no obligation to screen communications
or information in advance and are not responsible for screening or monitoring
information posted by vendors on External Websites. If notified by a
user of an External Website that grossly violates and/or does not conform
to the reasonable principles and ethics of society, we may investigate
the allegation and determine in good faith and determine, in our sole
discretion, whether to remove or request the removal of the link to
such External Website. We have no liability or responsibility to users
for performance or nonperformance of such activities. We may take any
action with respect to External Websites that we deems necessary or
appropriate, in our sole discretion.
DISCLAIMER OF WARRANTIES
You acknowledge, understand, and expressly agrees that use of the Site
and any External Website accessible there through is at your sole risk.
We do not guarantee, represent, or warrant that your use of the Site
will be uninterrupted, error free, or virus free, or that the Site will
meet your requirements. In addition, no warranty is made as to the results
that may be obtained from use of the Site or any External Websites listed
thereon, or as to the accuracy, reliability, or content of any product,
service, or information provided through or in connection with the Site.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR
UNINTERRUPTED ACCESS. SPECIFICALLY, 900 MILES DISCLAIM ANY AND ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES;
AND, (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE
OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THIS DISCLAIMER APPLIES
TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF 900 Miles INFORMATION,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER
900 Miles NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING
THE SITE OR AN EXTERNAL WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT
OF A USER'S ACCESS TO, OR USE OF, THE SITE OR ANY EXTERNAL WEBSITE.
You assume all risk of errors and/or omissions in the Site, including
the transmission or translation of information. In addition, you acknowledge,
understand, and agree that there are risks, including but not limited
to, the risk of physical harm, the risk of dealing with strangers, foreign
nationals, underage persons, or people acting under false pretenses.
You assume all risks associated with dealing with the vendors with whom
you comes in contact with through the Site or any External Website.
You assume full responsibility for implementing sufficient procedures
and updates to satisfy your requirements for the accuracy and suitability
of the Site, including the information provided thereon, and for maintaining
any means that you may require for the reconstruction of lost data or
subsequent manipulations or analyses of the information provided hereunder.
You acknowledge, understand, and agree that your use of the Site, any
External Website accessed therethrough, and any information sent or
received in connection therewith, may not be secure and may be intercepted
by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST
OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO USER'S COMPUTER
SYSTEM OR OTHER PROPERTY.
Indemnification
You agree to defend, indemnify, and hold us and our subsidiary and other
affiliated companies, and their employees, contractors, officers and
directors harmless from all liabilities, claims and expenses, including
attorney's fees, that arise from your use or misuse of the Site or the
content therein. We reserve the right, at our own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us in
asserting any available defenses.
International Use
By choosing to access the Site from any location other than the United
States , you accept full responsibility for compliance with all local
laws that are applicable. We make no representation that materials on
the Site are appropriate or available for use in locations outside the
United States , and accessing them from territories where their contents
are illegal is prohibited. You may not use, export or re-export any
materials from this Site in violation of any applicable laws or regulations,
including, but not limited to, any United States export laws and regulations.
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 Georgia , 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 shall be filed only in
the state or federal courts located in the State of Indiana, 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
This Terms of Use constitutes the entire agreement between us and you
with respect to the Site and supersedes all prior or contemporaneous
communications and proposals between us with respect to the Site. If
any provision of this Terms of Use agreement is determined to be invalid
or unenforceable, all other provisions shall remain in full force and
effect.
Headings
Section titles in the Term of Use are for convenience and do not define,
limit, or extend any provision of the Terms of Use.

|