ELIGIBILITY & ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to MarkLevinShow.com (the "Site"), the official website for Radio Station [station], [market] (the "Station"). This site is owned and operated by Cumulus Media Broadcasting Corporation and/or its subsidiaries (collectively "Cumulus Media" or "we").
Unless specified otherwise on the Site, users must be at 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 any other eligibility and residency requirements of the Site.
COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS
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:
- An electronic or physical signature of the copyright owner or someone authorized to act on the owner's behalf to assert a claim of copyright infringement.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site.
- Identification of material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as the party's name, address and daytime telephone number, and an e-mail address, if available.
- A statement that the complaining party has a good faith belief that the use of the infringing copyrighted work is not authorized by the copyright owner, its agent, or the law.
- 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 copyright right that is allegedly infringed.
DMCA Copyright Agent Cumulus Media Broadcasting Corporation c/o Leventhal Senter & Lerman PLLC 2000 K Street, NW, Suite 600 Washington, DC 20006-1809
Fax: 202-293-7783 Email: Cumulus MediaDMCAAgent@lsl-law.com
The above address is intended only for notifications and any related correspondence regarding 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 a false or fraudulent claim of copyright infringement may be subject to liability under U.S. copyright law.
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 other materials (collectively "Postings"), whether publicly posted or privately transmitted. You understand, agree and consent that such Postings are the sole responsibility of the person from which such Postings originated, and as such, you (and not this Site), are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via 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 any other intellectual property rights of others or on the privacy or publicity rights of others;
- post material that reveals trade secrets, unless you own them or have the permission of the owner to do so;
- post a sexually-explicit image or statement;
- post material that is considered by the Site, in its sole judgment, to be obscene, indecent, defamatory, threatening, harassing, tortuous, abusive, hateful, embarrassing or harmful to another user or any other person or entity;
- post advertisements or solicitations of business;
- post any incomplete, false, fraudulent or inaccurate biographical information or general information which is not your own information, or impersonate another person; or
- post chain letters or pyramid schemes.
Cumulus Media does not regularly review, screen or monitor the Site, and as such, Cumulus Media assumes no responsibility, obligation or duty to do so. We are not be liable or responsible to any user for performance or nonperformance or use of such material. If notified by a user of any Posting or communication which allegedly does not conform to this Policy, we reserve the right to, in our sole discretion, investigate the allegation and determine thereafter, in our sole discretion, whether or not to remove or request the removal of the material. In addition, you understand, agree, and consent to our right to expel users from the Site and to prevent their access to the Site for violating this Agreement or any applicable law. Cumulus Media reserves the right to remove communications considered to be, in our sole judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically or otherwise objectionable in any way.
You also grant Cumulus Media a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, modify, adapt, publish, reproduce, copy, distribute, retransmit, translate, create derivative works from, communicate to the public, publicly perform or display such content (in whole or in part), and/or to incorporate it in 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 moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license set forth in this agreement. You also permit any other user to access, display, view, store and reproduce such content for such userís personal use only.
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, emails regarding Station programming, or Public Areas), you understand, acknowledge and agree that your content will be considered "Public Material" and will not be 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 to comply with legal processes; to respond to claims that any of the content violates the property, privacy, publicity or any other rights of another individual, organization or corporation; or to protect the rights, property or safety of the Station, the Site, its corporate affiliates, Advertisers, employees, suppliers, operational service providers, users and members of the public.
Email is an important communications channel for the Site and the Cumulus Media. 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 the content of any email for administrative, legal, and correspondence purposes and to send you information that you may request. Cumulus Media assumes no obligation to protect such information from disclosure, and all non-personal content you provide to the Site by email (such as 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 Stationís use of similar products, services, plans and ideas for any purpose.
ADVERTISING AND THIRD PARTY CONTENT
This Site provides general advertising, including banner and tile advertisements, and other 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 Cumulus Media of any of the goods, services or messages conveyed in the content or the business practices (including the privacy policies) of such third party content 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 between users, or the purchase of goods and services offered by Advertisers or other third 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 for goods or services 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 on this Site is listed at an incorrect price or with incorrect information, we reserve 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 account in the amount of the charge).
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, CUMULUS MEDIA EXPRESSLY DISCLAIMS (1) ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND (2) ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Our creation or transmission of an order confirmation does not signify final acceptance of your order, nor does it constitute a binding confirmation of an offer to sell any Product. Cumulus Media reserves the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product upon providing notice of same. Products on the Site are not for resale or for commercial sale. Products on the Site are offered for 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. Cumulus Media reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site.
HYPERLINKS TO THIRD PARTY WEBSITES
This Site provides links to certain third party websites and references to other resources that could be of interest to our users. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by Cumulus Media of the content, advertising or business practices (including the privacy policies) of such third party websites, regardless of whether the Stationís logo or sponsorship identification is on the third party website, or whether the Site conducts "framing," which allows a user to access several web pages or websites while still viewing a header or border from this Site. These third party websites may have different privacy policies and business practices than we do. Therefore, we do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such websites. You further agree and consent that Cumulus Media and its respective officers, directors, employees, representatives, agents, and operational service providers will not, under any circumstances, 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 the content, advertising or business practices of linked third party sites. If you decide to access and use linked third party websites, you understand, acknowledge, and agree that you do so voluntarily and at your own risk.
CHAT ROOMS, MESSAGE BOARDS AND OTHER PUBLIC AREAS
As an entertainment service to our users, this Site provides Public Areas that enable users to interact with other users, on-air talent and other Cumulus Media personnel, and share commentary on a variety of subjects. A variety of subjects may be discussed via the Public Areas, however, use of such areas may only be for lawful and non-commercial purposes. The Site specifically prohibits certain uses and activities. You understand, agree and consent by accessing or registering on Public Areas or any 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 User Conduct section of this Agreement:
- Posting a profile for anything other than to participate in online discussion via the Public Area.
- Deleting or 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 online discussions.
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting for any reason.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER STATION, CUMULUS MEDIA, NOR OUR SUBSIDIARIES 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 OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICATINOS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY 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 ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, COMPENSATORY, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
STATION IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
IN NO EVENT SHALL STATIONíS TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You agree to defend, indemnify, and hold the Station, Cumulus Media, 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 from your breach of any provision of these Terms and Conditions. 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.
SECURITY OF THE SITE
Certain of the Siteís listener/user and other membership activities are to be accessed only by registered users of the Site which should have only one unique user name with one unique password. If you are found to share passwords with any non-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 such user or logging into a server or account in which the user is not authorized to access.
- Attempting to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Site without proper authorization.
- Forging any headers or otherwise manipulation of Site identifiers in order to disguise the origin of transmission through the Site.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site or the server of any user.
- Sending unsolicited commercial email individually or in bulk (also called, Spam), which promotes or advertises the Station, the Site, or any other activity, program, product, or service.
- Harvesting email addresses off this Site through an automated process.
- Bypassing this Siteís homepage via deep-linking or any other means, or framing this Site, or any webpage or material on the Site without the express written permission from Cumulus Media. Users are also prohibited from hyperlinking to this Site or any webpage in an email sent for commercial purposes, without the express written permission of Cumulus Media.
- Attempting to gain unauthorized access to the Siteís features or activities, interfering with or manipulating in any manner the entry or registration process for contests, sweepstakes, surveys, opinion polls, chat rooms, message or bulletin boards, or any other interactive features and activities on this Site.
- Falsifying identification or impersonating any person or entity, including, but not limited to, a Site or Station official, chat room or public forum leader, host, or guide, when accessing or participating in such features and activities.
- Setting up fake sites or other dummy sites that appear to be the Site, mirroring the Siteís contents, or otherwise copying any part of the Site Material and/or layout.
Violations of the Siteís system or network security may result in civil or criminal liability. Cumulus Media may investigate possible violations of system or network security and reserves the right to involve, and cooperate with a userís employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. Cumulus Media may, in its sole discretion, terminate the membership of any person believed to have violated any of its security provisions.
Unauthorized Use and Termination
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 additional terms and conditions accompanying the registration process. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Cumulus Media of any unauthorized use of your account. Cumulus Media is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
MODIFICATION, SUSPENSION OR DISCONTINUANCE
CONTESTS, SWEEPSTAKES AND OTHER MEMBERSHIP ACTIVITIES
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 for compliance with all applicable local laws of that jurisdiction. Cumulus Media makes 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.
CHOICE OF LAW
INTEGRATION AND SEVERABILITY
If you have any questions regarding this Agreement, please contact the Site Administrator via email at firstname.lastname@example.org or contact:
The Mark Levin Show
261 Madison Ave.
New York, NY 10016
ATTN: Web Site Administrator