USE OF OUR BLACKBERRY RADIO WEBSITES
This is website (“site”), is a website owned and operated by BlackBerry Radio Incorporated (“BlackBerry Radio”, “we”, “us” or “our”), a United States 501c3 nonprofit organization (Tax ID: 47-485-2358) registered under the Shakir Enterprises LLC corporation.
Additional terms may apply to particular services offered by us (“Additional Terms”). These Additional Terms will be set out at the point of access to the relevant service but also form part of these Terms to the extent that they are applicable. If there is any inconsistency between the Additional Terms for a particular service and these Terms, the Additional Terms will take precedence to the extent that there is any inconsistency.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the content of our Site and Radio Player (including without limitation, software, graphics, text, data, images, designs, compilations, databases, targeting information, interactive features, advertisements, and the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyright material (including source and object code), and all other materials related to our site) (the “Content”) is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. Bauer Radio (and/or our licensors) own the Content. Nothing in these Terms grants you a right or license to use the Content except as expressly provided herein.
Subject to strict compliance with these Terms, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable license to use our Site and/or our Radio Player and to view, download for caching purposes only and print pages from our Site for your own personal or domestic use.
RULES OF ACCEPTABLE USE
Use of our Site and/or Radio Player that is inconsistent with these stated purposes is strictly prohibited. Your use of our Site and/or Radio Player is subject to the following rules which, by your use our Site and Radio Player, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):
You must not:
use our Site and/or Radio Player for any illegal or unlawful purpose;
use our Site and/or Radio Player for any purpose other than your own private or domestic purpose;
alter, adapt, modify, copy or create a derivative work from our Content.
RULES FOR USE OF OUR RADIO PLAYER – NOT TO BE ACCESSED OUTSIDE OF THE US
We reserve the right to edit or remove without notice any Content on our Site and/or Radio Player, for any reason whatsoever.
Our Radio Player is strictly available for your non-commercial use only. For licensing reasons, it should only be accessed and used from your personal computer (or if you are accessing it from a handheld portable device) you should only use the functionality that enables you to pause and replay our radio simulcasts in your own homes.
Competitions and other promotions are subject to additional terms. Please view the general terms and conditions (available competition Terms and Conditions) which apply to all of our competitions and which specifically form part of these Terms (“Competition Terms”). The Competition Terms may be varied or supplemented by Additional Terms specific to each particular competition or promotion. Any Additional Terms will be brought to your attention when appropriate and prior to you submitting your entry.
YOUR PERSONAL DATA
LINKING TO OUR WEBSITE
We welcome 'hot links' and deep-links to our Site and/or Radio Player, by which we mean that you may include a link to any page of our Site or Radio Player on other websites, provided that you do not use such link in any way which would imply partnership, affiliation, endorsement or sponsorship of any service or product or which may bring us or the other brands in our group into disrepute. You may not display the Content or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please email firstname.lastname@example.org
FEEDS TO OTHER WEBSITES/RSS
If you operate your own website, you can display the latest headlines from other websites on your own site using RSS. We encourage the use of feeds as part of your website, provided that the proper format and attribution is used when any of our Content appears. You may not use any BlackBerry Radio logo or other trademarks alongside the RSS feed.
We reserve the right to prevent the distribution of content using RSS. We do not accept any liability arising from your use of the feeds or from any inaccuracy or omission in the content or interruption in availability.
THIRD PARTY LINKS
Third party links do not imply that BlackBerry Radio endorses, is affiliated or associated with any linked website, or is legally authorized to use any intellectual property accessible through such links; third party links are provided to you for convenience only.
We have the right (but not the obligation) at our sole discretion to remove any Content on our Site and/or Radio Player without the need to give any reasons for doing so.
Notwithstanding the foregoing, you can report any abuse or complain about any Content on our Site and/or Radio Player by sending an email to email@example.com outlining your complaint.
NOTICE AND TAKEDOWN
If you are a rights owner (or acting on behalf of a rights owner) and believe that any User Content infringes your copyright, you must provide us with a written notice by email to firstname.lastname@example.org which states:
- that you are the rights owner or are authorized to act on the rights owner's behalf;
- that you have identified Content on our Site and/or Radio Player which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable) and you believe in good faith that use of the Content in the manner complained of is not authorized by you, the rights owner's agent or by law;
- a description of the copyrighted work that you claim has been infringed which should include, the type of work (such as a photograph or a video clip) and any relevant further details;
- a description of the way in which the copyright material has been infringed;
- information reasonably sufficient to permit us to locate the Content in question on our Site or Radio Player (including a URL specifying the date our Site and/or Radio Player was accessed and/or a screenshot);
- information that will enable us to contact you, such as your name, a postal address, telephone number and, if available, an email address (these contact details may also be provided to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint amicably);
- your electronic or physical signature (which may be a scanned copy); and
- that the information in the notification is true and accurate.
We recommend that you take legal advice before sending a copyright infringement notice, if you are unsure about your rights in the Content, or whether there has been an infringement of your rights.
ADVERTISING AND SPONSORSHIP
Our Site and Radio Player may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Site and/or Radio Player complies with applicable law and regulation. BlackBerry Radio does not assume responsibility for any error or inaccuracy in any advertising or sponsorship material.
TERMINATION AND SUSPENSION
We reserve the right to modify, suspend or discontinue any service offered by us or any part of it (including the availability of any features of or pages on our Site or Radio Player) at any time and without notice or liability to you. We are also entitled to suspend or terminate your membership or access to any part of our Site or Radio Player at any time if you breach these Terms.
Notwithstanding the above, we will try to warn users that their access to our Site and/or Radio Player and/or their membership may be suspended or terminated.
You use our Site and/or Radio Player and the services offered by us at your own risk. Our Site and/or Radio Player, the Content, and other services offered by us are provided “as is” and on an “as available” basis. The Content and information displayed on our Site and/or Radio Player is provided without any warranties as to its completeness or accuracy.
We do not guarantee that our Site and/or Radio Player, the Content or any services offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors, and omissions.
To the fullest extent permitted by law, Bauer Radio (including its officers, employees, and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of our Site and/or Radio Player, including, without limitation, any liability for:
- loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
- wasted management or office time; and
- any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) the tort of deceit; or (c) any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify us and keep us fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of our Site and/or Radio Player, the Content or any services offered by us, or arising from any breach of these Terms by you or your violation of any law or third party rights.
If any term of these Terms is held to be unlawful and/or unenforceable, it shall be severed and deleted from these Terms and the remainder of these Terms shall remain valid and enforceable.
EXCLUSION OF THIRD PARTY RIGHTS
These Terms are not intended to benefit or be enforceable by any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to them.
LAW AND JURISDICTION
These Terms are governed by United States law, and any disputes will be subject to the exclusive jurisdiction of the United States courts.
These Terms were last updated on May 2016.
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