1. ACCEPTANCE OF TERMS
Westwood One, Inc. (“Westwood One,” “we,” “us,” or “our”) welcomes you. We’re excited that you have decided to access and use www.WestwoodOne.com or one of our other websites (collectively, the “Websites”).
2. COMMUNITY GUIDELINES
A. Guidelines For All Websites
Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Websites, you hereby agree to comply with these community rules and that:
You will conduct yourself in a mature manner that lends itself to civil discourse;
You will not use the Websites for any unlawful purpose or to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not upload, post, e-mail, transmit, or otherwise make available any content that:
infringes any copyright, trademark, or other proprietary rights of any person or entity; or
is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
discloses any personal information about another person, including that person’s name, e-mail address, postal address, phone number, credit card information, or any similar information;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not “stalk” or otherwise harass another; and
You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password mining, or any other means.
Please be aware that the majority of the content found on or through the Websites is for general audiences, but there may be certain adult or mature content. Accordingly, individuals who are less than 13 years of age should not use the Websites. If you do use the Websites, you represent and warrant that you are at least 13 years of age.
We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice.
B. Additional Guidelines for Sigalert.com and Other Traffic Websites
WESTWOOD ONE EXPRESSLY PROHIBITS USE OF SIGALERT.COM OR ANY OF ITS OTHER TRAFFIC WEBSITES (COLLECTIVELY, THE “TRAFFIC SITES”) WHILE DRIVING. BY ACCESSING ANY OF THESE TRAFFIC SITES, YOU EXPRESSLY COVENANT AND AGREE NOT TO USE THOSE TRAFFIC SITES WHILE DRIVING. IF YOU ARE IN YOUR CAR AND WANT TO USE THE TRAFFIC SITES, YOU AGREE TO PULL OVER TO A SAFE LOCATION AND STOP YOUR VEHICLE BEFORE USING THE TRAFFIC SITES OR GIVE THE TRAFFIC SITES TO A PASSENGER TO USE. IF WESTWOOD ONE DISCOVERS THAT YOU ARE USING THE TRAFFIC SITES WHILE DRIVING, IT RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR PASSWORD, YOUR ACCOUNT (OR ANY PART THEREOF) AND YOUR USE OF THE TRAFFIC SITES. MOREOVER, THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION HAS RECOMMENDED THAT MOTORISTS NOT TALK ON CELL PHONES WHILE DRIVING. ACCORDINGLY, WESTWOOD ONE STRONGLY RECOMMENDS THAT YOU NOT TALK ON YOUR CELL PHONES WHILE DRIVING, EVEN IF YOU ARE USING A HANDS-FREE DEVICE. IT IS ILLEGAL IN CALIFORNIA, NEW YORK AND SOME OTHER STATES TO TALK ON A CELL PHONE WHILE DRIVING IF THE DRIVER IS NOT USING A HANDS-FREE DEVICE.
If you require technical assistance with our SigAlert website (www.sigalert.com), please send an e-mail to email@example.com.
You hereby agree that Westwood One may immediately authorize your credit card (or other approved facility) for payment for the services and/or products ordered under your Password (as defined below).
As set forth more fully in Section 4 below, you must keep your password strictly confidential. You are fully responsible for all activities that occur under your Password, and you agree to be personally liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this Agreement.
If you have a question about a transaction on your credit card statement, please use the "Contact Us" section of the Website to contact customer service.
4. SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
During the registration process for the Websites, we will ask you to create an account, which includes a unique username (“Username”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Username and corresponding Password can be used by only one registered user. You are solely responsible for the confidentiality and use of your Username, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You agree to (a) immediately notify Westwood One of any unauthorized use of your Password, Username, and/or Unique Identifiers, and (b) ensure that you exit from your account at the end of each session. Westwood One reserves the right to delete or change your Password, Username, or Unique Identifier at any time and for any reason. Westwood One will not be liable for any loss or damage caused by any unauthorized use of your account.
5. INTELLECTUAL PROPERTY
The Websites and all of their content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Westwood One or the party credited as the provider or owner of the Intellectual Property. The compilation (i.e., the collection, arrangement, and assembly) of all content on the Websites is the exclusive property of Westwood One and is protected by U.S. and international copyright laws. All software used on the Websites is the property of Westwood One or commercial software suppliers and is protected by U.S. and international copyright laws.
Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Websites (“Site Materials”) subject to the following conditions:
The Site Materials may only be used for your personal, non-commercial use;
The Site Materials may not be modified;
All copyright, trademark, and other proprietary notices contained in all such Site Materials may not be altered or deleted and the following notice must appear on each copy of Site Materials: “Copyright © [insert year] Westwood One. All rights reserved. Protected by the copyright laws of the United States and international treaties.”
The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any Site Material or elements from the Websites including, but not limited to, the designs or layouts of the Websites, individual elements of the Websites’ designs, or the Westwood One logo or other “Trademarks” as defined below, without the express written permission of Westwood One, or other owners of the Intellectual Property is strictly prohibited. For purposes of this Agreement, the use of any Site Materials on any other website or networked computer environment is prohibited.
The trademarks, logos, and service marks displayed on the Websites (collectively, the “Trademarks”) are the trademarks of Westwood One and other parties. Nothing contained in the Websites should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Websites without the written permission of Westwood One or the third party that owns the Trademarks specific for each such use. Your use of the Trademarks displayed on the Websites, or any other content on the Websites, except as provided in this Agreement, is strictly prohibited. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the Trademark owner’s benefit, whether Westwood One or some third party.
Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Site Materials may be retransmitted without our express, written consent for each and every instance.
6. USER SUBMISSIONS
Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Websites by you (“Submitted Materials”) shall become, and remain, the property of Westwood One. You agree that any Submitted Materials, in whole or in part, may be used by Westwood One, any of our corporate affiliates, and/or any of our radio station affiliates for any purpose, including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media now known or hereafter devised, including, but not limited to, in connection with television and/or radio broadcasts affiliated with Westwood One. You additionally agree that Westwood One is free to use any ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on or via the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By submitting such Submitted Materials, you are assigning and transferring any and all right, title, and interest in Submitted Materials to Westwood One, including any moral rights. You represent and warrant that Submitted Materials do not infringe any third-party intellectual property rights. You agree to comply with the community guidelines set forth in Section 2 above. We shall have the right, in our sole and absolute discretion, to edit or remove any Submitted Materials, in whole or in part, which we believe violates any provision of this Agreement.
DO NOT POST YOUR OR ANY OTHER PERSON’S PERSONAL INFORMATION IN ANY MESSAGE BOARDS OR OTHER PART OF THE WEBSITES ACCESSIBLE TO USERS, INCLUDING YOUR OR THEIR TELEPHONE NUMBER, CREDIT CARD INFORMATION, OR HOME, BUSINESS, OR EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK.
7. NO WARRANTIES/LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS, PRODUCTS, OR SERVICES ON THE WEBSITES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITES AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE WEBSITES, THE SITE MATERIALS, AND THE PRODUCTS AND SERVICES ON THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ANY OF THE WEBSITES, ANY SERVICES OR PRODUCTS, OR WITH ANY OF THE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES.
8. EXTERNAL SITES
The Websites may contain links to third-party websites and such third-party websites may be accessible through the Websites (collectively, the “External Sites”). These links and such accessibility are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to indemnify and hold Westwood One, its employees, officers, directors, stockholders, agents, consultants, assignees, corporate affiliates, radio station affiliates, partners, contractors, professional advisors, advertisers, and any and all other individuals and organizations providing services on behalf of Westwood One, Inc. harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any parts of the Websites, Site Materials, Submitted Materials, Trademarks, products and services on the Websites, or any information posted by you on the Websites; (b) your alleged breach of this Agreement; or (c) the suspension or termination of your account as provided in this Agreement. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
10. DIGITAL MILLENNIUM COPYRIGHT ACT
Westwood One respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content, including user content, deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
Westwood One, Inc., 1166 Avenue of the Americas, 10th Floor, New York, NY 10036, Attn: General Counsel. Phone: 212.641.2000, Facsimile: 212.641.2198, Email: firstname.lastname@example.org.
If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
In addition and without prejudice to any other legal or equitable remedies available to Westwood One, Westwood One may terminate your right to use the Websites at any time and for any reason whatsoever. Subject to the “Survivability” provisions of Section 14 below, you may terminate this Agreement by closing your account with Westwood One, paying any and all outstanding balances owed by you to Westwood One, and ceasing any and all use of the Websites.
12. COMPLIANCE WITH APPLICABLE LAWS
The Websites are based in the United States. We make no claims concerning whether the content of the Websites may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The Websites may contain references to products or services not available in all countries. Westwood One does not market all of its products or services in all countries. Software from any part of the Websites may be subject to U.S. and Canadian export controls.
13. CHOICE OF LAW, JURISDICTION AND VENUE
This Agreement shall be governed by the laws of the State of New York applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within the New York City, New York will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The losing party shall pay all reasonable fees and costs (including attorneys’ fees) resulting from any claim or dispute arising from this Agreement.
This Agreement constitutes the entire agreement between you and Westwood One, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Any modifications to this Agreement must be set forth in writing and acknowledged by an authorized representative of Westwood One. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Sections 5, 6, 7, 8, 9, 11, 12, 13, and 14 of this Agreement shall survive any termination or expiration of this Agreement or use of the Websites. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement may be assigned by Westwood One at any time. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Site is owned and operated by Westwood One, Inc., 1166 Avenue of the Americas, 10th Floor, New York, NY 10036. For further information about Westwood One, Inc. or the Websites, please visit the "Contact Us" section of the Website. You may have this same information sent to you by e-mail by sending a letter to Westwood One, Inc., 1166 Avenue of the Americas, 10th Floor, New York, NY 10036 with your e-mail address and a request for this information.
Copyright © Jan. 12, 2011 Westwood One. All rights reserved.