Terms and Conditions of Use of this Site
This Web site (“Site”) is provided by Sandusky Radio Phoenix, (“Sandusky”). The term “you,” “your” or “yourself” shall refer to the user who is browsing this Site.
Please Read These Terms AND CONDITIONS OF USE OF THIS SITE (the “Terms”) Carefully Before Using This Site. They govern your access and use of this site. By accessing or using this site or downloading any materials from this site, you agree to be bound by the following terms and conditions concerning your use of this site. IF YOU DO NOT AGREE WITH OR DO NOT ACCEPT ANY OF THE TERMS, PLEASE EXIT THIS SITE IMMEDIATELY AND REFRAIN FROM ANY FURTHER ACCESS AND USE OF THIS SITE.
Sandusky reserves the right, at its sole discretion and without advance notice, to change, modify, add or remove all or any portion of this Site or the Terms set forth herein and all policies and guidelines incorporated herein by reference, at any time. Changes to the Terms shall be immediately effective when posted to this Site. Your access to and continued use of this Site after any changes are posted shall constitute acceptance of those changes.
You agree that Sandusky may at any time, terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of this Site or the Site Content, and/or at any time. Sandusky may also impose limits on certain features and services or restrict your access to parts or all of this Site or Site Content without notice to you or liability on the part of Sandusky. You agree that Sandusky may at any time, terminate the authorization, rights and license granted herein, including your right to access this Site and Site Content. Access to this Site may be monitored by Sandusky.
The provisions in the Terms regarding ownership of Site Content and Site Code, confidentiality, the disclaimer of warranty, limitation of liability and indemnification shall survive such termination.
Ownership; Copyright and Trademark Information
All Site Content and Site Code is the exclusive property of Sandusky. All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in, associated with or utilized on this Site, the Site Content or Site Code are the properties of Sandusky or its licensors. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Nothing in these Terms or any Site Content shall convey to you an ownership interest in any trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in this Site or any Site Content or Site Code.
All Site Content and Site Code is Copyright © 2012, Sandusky and/or subject to the copyright of its licensors or third-party content providers. All rights reserved.
“Site Content” means any data, software, text, information, material, statements and images, as well as graphics, interactive features, video and audio, if any, displayed and/or used on this Site. “Site Code” refers to any and all underlying elements of this Site, including, but not limited to, any source code, object code and other sets of statements or instructions that relate to the operation or functions of this Site.
Subject to the terms and conditions set forth herein and subject to your compliance with the Terms, Sandusky grants you a non-exclusive, non-transferable, terminable, limited right to access and use this Site and Site Content for informational purposes only. Sandusky authorizes you to view and download Site Content only for your personal, non-commercial use.
You agree (a) not to copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or facilitate someone else in copying, reproducing, uploading, creating derivative works, posting, transmitting or distributing) any Site Content or Site Code to any one for any purpose; (b) not to alter Site Content or Site Code in any manner or use such Site Content or Site Code in a manner not authorized by the Terms; (c) not to interrupt or attempt to interrupt the operation of this Site in any way; (d) not to place any Site Content or Site Code on a network; and (e) except as otherwise expressly provided in “External Links to this Site” herein, not to frame, link, associate with advertisements or commercially exploit this Site, Site Content or Site Code. In addition, you must retain on all Site Content downloaded, all copyright, trademark, service mark and other proprietary notices contained in Site Content.
Your use of this Site, Site Content and Site Code is entirely at your own risk. The information posted to this Site and the Site Content may contain inaccuracies and typographical errors. This Site, THE Site Content and Site Code are provided "as is" and “as available.” Sandusky expressly disclaims all representations and warranties of any kind relating to your access and/or use of this site, the site content and the site code, whether statutory, express or implied, including, but not limited to, the implied warranties of (a) suitability for any particular purpose OR FITNESS FOR A PARTICULAR PURPOSE, (b) merchantability, (c) accuracy and completeness, (d) non-infringement of third-party rights, AND (e) FREEDOM FROM interruption, DELAY, ERRORS, TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION.
Copyright Infringement Claims
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
We do not knowingly permit anyone to post materials on this Site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act ("DMCA") (including 17 USC § 512). SRP 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 with the DMCA, SRP will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sandusky the following information. Please be advised that to be effective, the Notification must include ALL of the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address and all other information reasonably sufficient to permit Sandusky to contact you;
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 by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to Sandusky’s designated agent:
Sandusky Radio Phoenix
CO: Chuck Artigue
1900 West Carmen
Tempe, AZ 85283
chuck @ sanduskyphoenix.com
(Please include "Notice of Infringement" in the subject line.)
Third Party Sites
External Links to this Site
All links to this Site must be pre-approved in writing by Sandusky. Should you wish to link to this Site, please contact Sandusky in writing and your request will be given due consideration. Sandusky reserves the right to withhold consent or revoke consent to link to this Site at any time in its sole discretion.
Information/Submission Provided By You
Limitation of Damages
IN NO EVENT SHALL SNI BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY'S ACCESS OR USE OF THIS SITE, SITE CONTENT AND/OR SITE CODE, IN CONNECTION WITH YOUR INABILITY TO ACCESS OR USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SITE OR ANY OTHER WEBSITE, EVEN IF SNI IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless Sandusky, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this Site or breach by you of the Terms.
Choice of Law, Notice Regarding State Laws, Jurisdiction, Entire Agreement
This Site is controlled, operated and administered by Sandusky from its offices within the United States of America.
This Site, Site Content, and Site Code are appropriate for use in the United States only, and products or services offered through this Site are appropriate or available for use in the United States only. Those who choose to access this Site from locations outside the United States do so on their own initiative and risk. Users located outside the United States should not provide any personal information or personally identifiable information via this Site. By providing personal information to this Site, all users fully understand and consent to the collection and processing of such information in the United States of America. You may not use this Site or export Site Content in violation of U.S. export laws and regulations.
All matters relating to your access to, and use of, this Site shall be governed by the laws of the State of Arizona, without giving effect to its conflict of laws provisions.
You agree and represent that you have carefully considered the Terms and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of Sandusky.
The Terms constitute the entire agreement between Sandusky and you with respect to the matters contained herein. Any cause of action you may have with respect to the matters contained herein or your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a body with proper jurisdiction finds any provision(s) of the Terms or a portion thereof, to be unenforceable, you and Sandusky agree (without waiving rights of appeal) that unenforceable provision(s) shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.