Terms of Use
1. Acceptance Through Use
This web site (the "Site") is operated by 790 THE ZONE, a division of Big
League Broadcasting. ("Operator"). By using the Site, you agree to be bound by
all of the terms, conditions and notices contained or referenced herein
(collectively, the "Terms of Use"). You should review the Terms of Use from
time to time. Operator may change any of the Terms of Use at any time by
posting revisions to the Site. Your continued use of the Site constitutes your
acceptance of the revised Terms of Use. If you do not agree to all of the Terms
of Use, you must exit the Site immediately.
2. No Use by Children.
The Site is not directed to, or intended for use by, children (defined as
anyone age thirteen or younger). We strictly adhere to the Children's Online
Privacy Protection Act and will not knowingly register or otherwise collect
personally identifiable information from any child under the age of 13 without
the prior verifiable consent of that person's parent or guardian.
3. Links to Third Party Sites.
The Site will contain links to web sites operated by third parties. Such links
do not constitute or imply an endorsement of the linked site. The linked sites
may appear to be integrated into the Site, but are not under Operator's
control. Operator is not responsible for the operation or content of any linked
site or subsequent links from that site. The policies that govern the use of a
linked site will differ from these Terms of Use. You should review the policies
of a linked site before making a decision to proceed to use that site.
4. Intellectual Property.
You acknowledge that all content and materials available at the Site
(collectively, the "Content") are protected by national and international
copyrights, trademarks, service marks, patents, patent registration rights,
trade secrets, know-how or other proprietary rights and laws and, as between
Operator and you, are owned exclusively by Operator. Except where otherwise
noted, you may download, print or view individual pages at the Site for
private, noncommercial use, provided you do not delete, change or otherwise
modify any of the Content, including, but not limited to, any copyright or
trademark notices. You may only use the Site and the Content as expressly
permitted herein and for no other purpose. Except as authorized by Operator in
writing on a case by case basis, you will not sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit or create derivative works from any of the Content. The
systematic retrieval of any of the Content to create or compile, directly or
indirectly, a collection, compilation, database or directory without the
written permission of Operator is prohibited. Unless otherwise indicated, all
logos, names, package designs and marks on the Site are trademarks or service
marks and may not be used without permission. Operator's policy is to terminate
the online privileges of individuals who repeatedly violate the copyrights of
others.
5. User's Grant of Limited License.
By posting or submitting any content or other materials to the Site
(collectively, the "User Content"), you grant Operator and its designees the
right to sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit or create derivative
works from the User Content in any form, anywhere and for any purpose. In
addition, you represent and warrant that you own or otherwise control all of
the rights to the User Content and that the use of the User Content by Operator
and/or its designees as set forth in the preceding sentence will not infringe
or violate the rights of any third party. Operator may monitor, edit or delete
the User Content as it appears on the Site at any time and for any or no reason
without your permission.
6. Privacy
You should review the Privacy Statement posted elsewhere at the Site.
7. Notice and Procedure for Making Claims of Copyright Infringement.
Pursuant to federal copyright law, if you believe copyrighted work is available
at the Site in a way that constitutes copyright infringement, please see the
Notice and Take Down materials posted elsewhere at the Site.
8. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE "SITE
MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. OTHER THAN
THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY
OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY
INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL OPERATOR, OR ITS PARENT, SUBSIDIARIES, AFFILIATES,
DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY,
THE "RELEASED PARTIES"), BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE
WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OPERATOR'S
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
10. Indemnification.
You agree to defend, indemnify, reimburse and hold harmless the Released
Parties from all liabilities, claims and expenses, including, but not limited
to, costs and attorneys' fees, that arise in any way from your use of the Site
or the Site Materials. Operator reserves the right, at its 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 Operator in
asserting any available defenses.
11. International Use.
If you choose to access the Site from any location other than the United
States, you accept full responsibility for compliance with the laws of the
jurisdiction where the access occurs. Operator makes no representation that the
Site Materials are appropriate or available for use in locations outside the
United States. Accessing the Site and/or using any of the Site Materials from
any jurisdiction where such access and/or use are illegal are prohibited.
12. Choice of Law.
This Agreement shall, for all domestic and international purposes, be governed,
interpreted, construed and enforced solely and exclusively in accordance with
the laws of the State of Georgia, without regard to its conflicts of law
provisions. You expressly agree that the exclusive jurisdiction for any claim
or action arising out of or relating to these Terms of Use or your use of the
Site shall be filed only in the state or federal courts located in Fulton
County, State of Georgia, and you further agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating any such
claim or action.
13. Integration and Severability.
This Terms of Use constitutes the entire agreement between Operator and you
with respect to the Site and supersedes all prior or contemporaneous
communications and proposals with respect to the Site. If any provision hereof
is determined to be invalid or unenforceable, all other provisions shall remain
in full force and effect.
14. Unauthorized Use and Termination.
You agree to use the Site only for authorized and legal activities. Operator
reserves the right, in its sole discretion, to terminate your access to all or
part of the Site at any time and for any or no reason.
15. Contact Information.
Questions concerning the Terms of Use or the Site should be directed to
webmaster@790thezone.com.
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