RadioReference.com Terms and Conditions
1. ACCEPTANCE OF TERMS
RadioReference.com LLC, comprised of the internet sites RadioReference.com, wiki.radioreference.com, api.radioreference.com, and radioreference.blogspot.com (the "Sites"), provides the information and services on the Sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use applicable to such Sites. Your use of any of the Sites constitutes agreement with the terms and conditions of use set forth herein (the "Terms").
Before using RadioReference.com Sites, please carefully read this agreement relating to your use of RadioReference.com Sites. By using RadioReference.com Sites, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use RadioReference.com Sites.
RadioReference.com reserves the right, at RadioReference.com's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, RadioReference.com intends to provide users with up to fourteen days of advance notice). Your continued use of the RadioReference.com Sites following the posting of changes to these Terms will mean that you accept those changes.
Use of RadioReference.com Sites constitutes full acceptance of and agreement to the Terms; if a user does not accept RadioReference.com's Terms, he or she is not granted rights to use RadioReference.com Sites as defined herein, and should refrain from accessing RadioReference.com Sites.
RadioReference.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all RadioReference.com Sites (or any part thereof). RadioReference.com shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using RadioReference.com Sites, you warrant to RadioReference.com that you will not use RadioReference.com Sites, or any of the content obtained from RadioReference.com Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the RadioReference.com Sites automatically terminates.
3. DESCRIPTION OF SERVICES
The RadioReference.com Sites are owned and operated by RadioReference.com for the purpose of radio communications, a database, and associated discussions (the "Purpose"). The RadioReference.com Sites provide news, databases, and discussions resources that are of interested to the Radio Communications community..
4. REGISTRATION OBLIGATIONS
When requested, each RadioReference.com Site user must: (1) personally provide true, accurate, current and complete information on the RadioReference.com Site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, RadioReference.com has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, RadioReference.com may suspend or terminate that user's account and prohibit any and all current or future use of the RadioReference.com Sites (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive passwords and account designations upon completing certain RadioReference.com Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. RadioReference.com cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify RadioReference.com of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not RadioReference.com, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the RadioReference.com Sites. No user shall transmit Content or otherwise conduct or participate in any activities on RadioReference.com Sites that, in the judgment of RadioReference.com, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
RadioReference.com reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, RadioReference.com shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. RadioReference.com, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by RadioReference.com to protect the rights, property, or personal safety of RadioReference.com Sites' users and the public. RadioReference.com does not control the Content posted to the RadioReference.com Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will RadioReference.com be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via RadioReference.com Sites.
Each user, by using RadioReference.com Sites, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE RadioReference.com SITES:
Use, reproduction, modification, and other intellectual property rights to data stored on the RadioReference.com Sites will be subject to licensing arrangements that may be approved by RadioReference.com as applicable to such Content.
With respect to text or data entered into and stored by publicly-accessible site features such as forums and database ("RadioReference.com Public Content"), the submitting user retains ownership of such RadioReference.com Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by RadioReference.com. In each such case, the submitting user grants RadioReference.com the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
7. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the RadioReference.com Sites, use of the RadioReference.com Sites, or access to the RadioReference.com Sites.
8. COMMERCIAL USE
Any use of any of the materials on this site other than for private, personal, non-commercial viewing purposes is strictly prohibited unless a license is obtained from RadioReference.com LLC. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, database tables, table data, database schema, graphics, photographs, audio and/or video material, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned materials on any other Web site or networked computer environment, without a prior written consent or official license for use from RadioReference.com LLC, is expressly prohibited.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
RadioReference.com may establish general practices and limits concerning use of the RadioReference.com Sites. While RadioReference.com will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, RadioReference.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any RadioReference.com Site. RadioReference.com reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. RadioReference.com reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
RadioReference.com may terminate a user's account in RadioReference.com's absolute discretion and for any reason. RadioReference.com is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an RadioReference.com Site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (5) as required by law, regulation, court or governing agency order.
RadioReference.com's termination of any user's access to any or all RadioReference.com Sites may be effected without notice and, on such termination, RadioReference.com may immediately deactivate or delete user's account and/or bar any further access to such files. RadioReference.com shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. RadioReference.com reserves the right to delete, or not delete, a user's account at RadioReference.com's sole discretion, as well as to delete, or not delete, content at RadioReference.com's sole discretion.
RadioReference.com, any RadioReference.com Site or a third party may provide links to other websites. RadioReference.com exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. RadioReference.com shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The RadioReference.com Sites' Privacy Statement is applicable only when you are on an RadioReference.com Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
12. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless RadioReference.com, and its parent corporation and affiliates and their respective officers, employees and agents, and each of RadioReference.com's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the RadioReference.com Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF THE RadioReference.com SITES IS AT HIS OR HER SOLE RISK. THE RadioReference.com SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND RadioReference.com ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. RadioReference.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, RadioReference.com MAKES NO WARRANTY THAT (i) THE RadioReference.com SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF RadioReference.com'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, RadioReference.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RadioReference.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY RadioReference.com SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE RadioReference.com SITES; OR ANY OTHER MATTER RELATING TO THE RadioReference.com SITES. IN NO EVENT SHALL RadioReference.com'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN RadioReference.com AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, RadioReference.com DOES NOT AND CANNOT CONTROL THE ACTIONS OF RadioReference.com SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO RadioReference.com SITES. OPERATION OF RadioReference.com SITES MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE 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 ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY RadioReference.com.
RadioReference.com respects the intellectual property rights of others, and requires that the people who use the RadioReference.com Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work 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 with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit RadioReference.com to locate the material, including the full URL.
(4) your name, address, telephone number, and email address.
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If RadioReference.com receives such a claim, RadioReference.com reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:
Lindsay C. Blanton III
1150 N Loop 1604 W Suite 108-556
San Antonio, TX 78248
After receiving a claim of infringement, RadioReference.com will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, RadioReference.com will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. RadioReference.com will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, RadioReference.com will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, RadioReference.com will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless RadioReference.com's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the RadioReference.com system or network.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
(1) your physical or electronic signature;
(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;
(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which RadioReference.com may be found and that you will accept service of process from the person who provided the initial notification of infringement.
14. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and RadioReference.com and govern each user's use of RadioReference.com Sites, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software.
Please report any violations of the Terms (except for claims of intellectual property infringement) to the RadioReference.com Legal Team at firstname.lastname@example.org
Last Updated: 2007-12-09 15:57:19