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Welcome to www.hankfm.com, a website operated by Emmis Communications
Corporation (hereinafter "Emmis") and WLHK-FM (hereinafter
"WLHK-FM"). Please read the following terms and conditions
carefully, as they govern your use of the www.hankfm.com website
(hereinafter the "Site"). Your use of the Site constitutes
your acceptance without modification of all of the terms, conditions,
and notices contained herein. We offer the Site to you conditioned
on your acceptance of these Terms of Use. In consideration of your
agreement to these Terms of Use and for other valuable consideration,
we grant to you a limited, non-exclusive, revocable and non-transferable
license (as referenced below) to access and use the Site. We reserve
all rights not expressly granted in this Agreement.
We reserve the right to make modifications, improvements, deletions,
or amendments to the Site at any time we deem appropriate. Any and
all relevant portions of this Agreement will apply automatically
to all modifications, improvements, deletions, and/or amendments
as they appear.
In addition, we reserve the right at any time to modify the terms
and conditions of this Agreement, or any part thereof, or to impose
new conditions on the Agreement. Except as otherwise stated herein,
any modification to this Agreement shall be effective ten (10) days
after it initially is posted on the Site. Your use of the Site after
any such change will be conclusively deemed acceptance of such change.
You agree that you are only authorized to visit, view and to retain
a copy of pages of the Site for your own personal use, and that
you shall not duplicate, download, publish, modify or otherwise
distribute the material on the Site for any purpose other than for
personal use, unless otherwise specifically authorized by us to
do so. You also agree not to deep-link (place a hyperlink on a website
that links to another website but not at its homepage) to the Site
for any purpose, unless specifically authorized by us to do so.
The content and software on this Site is the property of Emmis and
WLHK-FM and is protected by U.S. and international copyright laws.
You are granted a limited, non-exclusive, revocable and non-transferable
license to utilize and access the Site pursuant to the requirements
and restrictions of these Terms of Use. We may change, suspend,
or discontinue any aspect of the Site at any time. We may also,
without notice or liability, impose limits on certain features and
services or restrict your access to all or portions of the Site.
You shall have no rights to the proprietary software and related
documentation, if any, provided to you in order to access the Site.
Except as provided in these Terms of Use, you shall have no right
to directly or indirectly, own, use, loan, sell, rent, lease, license,
sublicense, assign, copy, translate, modify, adapt, improve, or
create any new or derivative works from, or display, distribute,
perform, or in any way exploit the Site, or any of its contents
(including software) in whole or in part.
You understand and agree that in our sole discretion, and without
prior notice, we may terminate your access to the Site, or exercise
any other remedy available and remove any unauthorized user information,
if we believe that the information you provide has violated or is
inconsistent with these Terms of Use, or violates the rights of
Emmis, WLHK-FM, or any third party, or violates the law. You agree
that monetary damages may not provide a sufficient remedy to us
for violations of these Terms of Use and you consent to injunctive
or other equitable relief for such violations. We may release user
information about you if required by law or subpoena.
We may terminate the privileges of any user who uses the Site to
unlawfully transmit copyrighted material without a license, express
consent, valid defense or fair use exemption to do so. If you submit
information or content to the Site, you warrant that the information
or content does not infringe the copyrights or other rights of third
parties.
By visiting the Site, you represent, warrant and covenant that
(a) you are at least 18 years old; (b) that you are a resident of
the United States; and (c) that all materials of any kind submitted
by you through the Site or for inclusion on the Site will not plagiarize,
violate or infringe upon the rights of any third party including
trade secret, copyright, trademark, trade dress, privacy, patent,
or other personal or proprietary rights.
During the registration process you will be asked to select a unique
password for access to certain portions of the Site. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under the
password. By logging into the Site, you represent and warrant that:
(i) you are the customer who registered for the services; (ii) that
you are using the services only for permitted purposes; (iii) you
are not a competitor of Emmis, WLHK-FM, or agent thereof; (iv) you
will immediately notify us of any unauthorized use of the password
or account or any other breach of security; and (v) you will ensure
that you exit from your account at the end of each session. Please
notify webmaster@hankfm.com of any potential unauthorized use(s)
of your account, or breach of security. You also represent and warrant
that: (i) you will not select or utilize a user name of another
person with intent to impersonate that person; (ii) you will not
select or utilize a user name in which another person has rights,
if you do not have that person's authorization to use such name;
and (iii) you will not select or utilize a user name that we in
our sole discretion deem offensive.
By providing content or information to us, including by submitting
or uploading content or materials for use on the Site, you represent
and warrant that you or the owner of all rights to such content
or materials has expressly granted us an irrevocable world-wide
right in all languages and in perpetuity to use and exploit all
or any part of the content and materials provided by you. We may
publish and distribute any such submitted content or materials at
our sole discretion by any method now existing or later developed.
You agree that you shall waive all claims and have no recourse against
us for any alleged or actual infringement or misappropriation of
any proprietary rights in any communication, content or material
submitted to us. Any communication or materials you send to us will
be treated as non-confidential and non-proprietary and may be disseminated
or used by us for any purpose, including, but not limited to, developing,
creating, manufacturing or marketing products or services.
The Site may contain advertisements and/or sponsorships. The advertisers
and/or sponsors that provide these advertisements and sponsorships
are solely responsible for insuring that the materials submitted
for inclusion on the Site are accurate and comply with all applicable
laws. We are not responsible for the acts or omissions of any advertiser
or sponsor. Your decision to make purchases from any such advertiser
or sponsor is completely voluntary and within your sole discretion.
You are solely responsible for payment of all costs or fees associated
with any such purchase, including payment of all shipping charges,
applicable sales tax, or other taxes, assessments, or fees imposed
by applicable law.
This Site may not be used by you for any commercial purposes such
as to conduct sales of merchandise or services of any kind. You
must obtain our prior written consent to make commercial offers
of any kind on the Site, whether by advertising, solicitations,
links, or any other form of communication. We will investigate and
take appropriate legal action against anyone who violates this provision,
including without limitation, removing the offending communication
from the Site and barring such violators from use of the Site.
The Site may contain windows or hyperlinks which provide access
to other websites not affiliated with the Site or with us (hereinafter
the "External Websites"), or to informational content
provided by the External Websites. Your use of such External Websites
or informational content, while subject to the terms of this Agreement,
is also subject to and governed by the terms and guidelines, if
any, contained within such External Website.
We do not endorse and are not liable for the content of any External
Website, and do not make any representations or warranties concerning
any informational content or materials available on such External
Website, including that they will not contain viruses or otherwise
impact your computer. We have no control over these External Websites
or the content within them. We do not guarantee, represent or warrant
that the content contained in any External Website is accurate,
legal and/or inoffensive. By using the Site to search for or link
to another site, you agree and understand that you may not make
any claim against us for any damages or losses, whatsoever, resulting
from your use of the Site to obtain search results or to link to
another site. You acknowledge, understand, and agree that we shall
not 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 any informational content, products,
services, software, or other materials available on or provided
by any External Website. If you have a problem with a link from
the Site, you may notify us at webmaster@hankfm.com.
The Site may provide a venue for you to access External Websites
containing career advice and professional networking forums. We
have no control over the accuracy, reliability, completeness, or
timeliness of the information or services available through any
such External Websites, and makes no warranties or representations
about any of the networking forums or service vendors posted thereon.
To the extent that such External Websites collect personal information
or postings from you, you are advised that in no event shall we
assume or have any responsibility or liability for the manner in
which such information or postings are exploited or for any claims,
damages, or losses resulting from their use and/or appearance on
the External Websites. We are not an employment agency or a recruiting
firm and make no representation or guarantees regarding the effectiveness
or timeliness of vendors offering career services in meeting the
objectives of the users. We do not guarantee that use of the Site
and/or the hyperlinks to External Websites listed thereon will result
in users being hired, and we are not responsible for any employment
decisions, regardless of the reasons such decisions were made.
You acknowledge that all content and materials available on this
Site 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 are owned by us
or our licensors. Except where otherwise noted, you may download,
print or view individual pages for noncommercial use, provided you
do not delete or change any of the information, including copyright
or trademark notices. You may only use the Site or its contents
as expressly permitted in this Terms of Use and for no other purpose.
We, our licensors or associates retain exclusive ownership of all
data, material and other information regarding your use of the Site.
Except as we may expressly authorize, you agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative works
from the content or materials on the Site. Systematic retrieval
of data or other content from the Site to create or compile, directly
or indirectly, a collection, compilation, database or directory
without our written permission is prohibited. Unless otherwise indicated,
all logos, names, package designs and marks on the Site are trademarks
or service marks or used under license by us. The use or misuse
of any of these materials is strictly prohibited.
If you are notifying us of alleged copyright infringement, please
be sure to provide the following information in the form required
by 17 U.S.C. § 512:
1. A description of the copyrighted work that you allege is being
infringed, or, if multiple copyrighted covered by a single notification,
a representative list of such works;
2. A description of the allegedly infringing material and information
sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you,
such as an address, telephone number, and/or an electronic mail
address;
4. A statement by you that you have a good faith belief that use
of the material in the manner complained of is not authorized by
the copyright owner, or its agent, or the law; and
5. A statement by you that the information in the notification is
accurate and that you have the authority to enforce the copyrights
that are claimed to be infringed.
NAME: Director of Internet Technologies
ADDRESS: Emmis Operating Company
40 Monument Circle, Suite 500
Indianapolis, Indiana 46204
EMAIL: copyright@emmis.com
PHONE: (317) 684-6546
FAX: (317) 684-8810
We assume no responsibility for the activities, omissions, or other
conduct of users. We act as a portal for the online distribution
and publication of information and have no obligation to screen
communications or information in advance and are not responsible
for screening or monitoring information posted by vendors on External
Websites. If notified by a user of an External Website that grossly
violates and/or does not conform to the reasonable principles and
ethics of society, we may investigate the allegation and determine
in good faith and determine, in our sole discretion, whether to
remove or request the removal of the link to such External Website.
We have no liability or responsibility to users for performance
or nonperformance of such activities. We may take any action with
respect to External Websites that we deems necessary or appropriate,
in our sole discretion.
You acknowledge, understand, and expressly agrees that use of the
Site and any External Website accessible therethrough is at your
sole risk. We do not guarantee, represent, or warrant that your
use of the Site will be uninterrupted, error free, or virus free,
or that the Site will meet your requirements. In addition, no warranty
is made as to the results that may be obtained from use of the Site
or any External Websites listed thereon, or as to the accuracy,
reliability, or content of any product, service, or information
provided through or in connection with the Site. TO THE EXTENT PERMITTED
BY APPLICABLE LAW, THE SITE IS PROVIDED "AS IS," WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED
ACCESS. SPECIFICALLY, EMMIS AND KSHE95 DISCLAIM ANY AND ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS
OR SERVICES; AND, (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES
ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF EMMIS' AND/OR KSHE95'S RECORDS OR INFORMATION, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER
EMMIS, WLHK-FM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING
OR DELIVERING THE SITE OR AN EXTERNAL WEBSITE IS LIABLE FOR ANY
DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE
DAMAGES ARISING OUT OF A USER'S ACCESS TO, OR USE OF, THE SITE OR
ANY EXTERNAL WEBSITE. You assume all risk of errors and/or omissions
in the Site, including the transmission or translation of information.
In addition, you acknowledge, understand, and agree that there are
risks, including but not limited to, the risk of physical harm,
the risk of dealing with strangers, foreign nationals, underage
persons, or people acting under false pretenses. You assume all
risks associated with dealing with the vendors with whom you comes
in contact with through the Site or any External Website. You assume
full responsibility for implementing sufficient procedures and updates
to satisfy your requirements for the accuracy and suitability of
the Site, including the information provided thereon, and for maintaining
any means that you may require for the reconstruction of lost data
or subsequent manipulations or analyses of the information provided
hereunder. You acknowledge, understand, and agree that your use
of the Site, any External Website accessed therethrough, and any
information sent or received in connection therewith, may not be
secure and may be intercepted by unauthorized parties. YOU ASSUME
RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE,
REPAIR OR CORRECTION TO USER'S COMPUTER SYSTEM OR OTHER PROPERTY.
You agree to defend, indemnify, and hold us and our subsidiary
and other affiliated companies, and their employees, contractors,
officers and directors harmless from all liabilities, claims and
expenses, including attorney's fees, that arise from your use or
misuse of the Site or the content therein. 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.
By choosing to access the Site from any location other than the
United States, you accept full responsibility for compliance with
all local laws that are applicable. We make 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. You may not use, export
or re-export any materials from this Site in violation of any applicable
laws or regulations, including, but not limited to, any United States
export laws and regulations.
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 Indiana, U.S.A., without
regard to 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 the State
of Indiana, 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.
This Terms of Use constitutes the entire agreement between us and
you with respect to the Site and supersedes all prior or contemporaneous
communications and proposals between us with respect to the Site.
If any provision of this Terms of Use agreement is determined to
be invalid or unenforceable, all other provisions shall remain in
full force and effect.
Section titles in the Term of Use are for convenience and do not
define, limit, or extend any provision of the Terms of Use.
© Copyright 2007 WLHK-FM. All Rights Reserved.
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