AGREEMENT BETWEEN USER AND GMD
The GMD Web Site is comprised of various Web pages operated by GMD.
The GMD Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the GMD Web Site constitutes your agreement to all such terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
The GMD Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of GMD and GMD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GMD is not responsible for webcasting or any other form of transmission received from any Linked Site. GMD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GMD of the site or any association with its operators.
LINKS TO THE GMD SITE
Generally, GMD does not mind if you have a text link from your web site to the GMD Web Site. However, you may not frame or “mirror” the GMD Web Site or incorporate pieces of it into a different web site or product. Links to the GMD Web Site must clearly identify GMD as the source of information displayed and preserve the integrity of GMD web pages without alteration. Further, you may not link to the GMD Web Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the GMD Web Site, you warrant to GMD that you will not use the GMD Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the GMD Web Site in any manner which could damage, disable, overburden, or impair the GMD Web Site or interfere with any other party's use and enjoyment of the GMD Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GMD Web Sites.
USE OF COMMUNICATION SERVICES
The GMD Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
GMD has no obligation to monitor the Communication Services. However, GMD reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GMD reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
GMD reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, with or without notice, in GMD's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. GMD does not control or endorse the content, messages or information found in any Communication Service and, therefore, GMD specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized GMD spokespersons, and their views do not necessarily reflect those of GMD.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO GMD OR POSTED AT ANY GMD WEB SITE
GMD does not claim ownership of the materials you provide to GMD (including feedback and suggestions) or post, upload, input or submit to any GMD Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting GMD, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. GMD is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in GMD's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GMD WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GMD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GMD WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE GMD WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
GMD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE GMD WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GMD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : Director of Internet Operations, Greater Media Detroit, 1 Radio Plaza, Detroit, MI 48220
GMD reserves the right, in its sole discretion, to terminate your access to the GMD Web Site and the related services or any portion thereof at any time, without notice.
Documents available on the GMD Web Site may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made, and the document is copied entirely. However, some documents, photos, and other content may have been published on the GMD Web Site with the permission of the relevant copyright owners (who are not GMD). All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners.”
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on the GMD Web Site in a way that constitutes copyright infringement, please provide the following information to GMD:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site;
• your address, telephone number, and email address;
• 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; and
• 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 the copyright owner's behalf.
Please send such notice to the following Designated Agent:
Attn: General Counsel
35 Braintree Hill Park, Suite 300
Braintree, MA 02184
If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to GMD:
• Your electronic or physical signature;
• A description of the content that has been removed or to which access has been disabled;
• A description of where the allegedly infringing material is located on the website;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• A statement by you made, under the penalty of perjury, that the above information in your counter-notice is accurate and that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to post and use the content in your user submission.
Please send such notice to the following Designated Agent:
Attn: General Counsel
35 Braintree Hill Park, Suite 300
Braintree, MA 02184
If a counter-notice is received by GMD, GMD may send a copy of the counter-notice to the original complaining party informing that person that it may restore the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, the removed content may be restored, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the sole discretion of GMD.
To the maximum extent permitted by law, this agreement is governed by the laws of State of Michigan, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Detroit, MI U.S.A. in all disputes arising out of or relating to the use of the GMD Web Site. Use of the GMD Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GMD as a result of this agreement or use of the GMD Web Site. GMD's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GMD's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the GMD Web Site or information provided to or gathered by GMD with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GMD with respect to the GMD Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GMD with respect to the GMD Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Privacy Statement applies to the GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT Web site and governs data collection and usage. By using the GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT website, you consent to the data practices described in this statement.
Collection of your Personal Information
GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is automatically collected by GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT Web site.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT public message boards, this information may be collected and used by others. Note: GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT does not read any of your private online communications.
GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT encourages you to review the privacy statements of Web sites you choose to link to from GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT so that you can understand how those Web sites collect, use and share your information. GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT is not responsible for the privacy statements or other content on Web sites outside of the GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT and GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT family of Web sites.
Use of your Personal Information
GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT collects and uses your personal information to operate the GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT Web site and deliver the services you have requested. GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT also uses your personally identifiable information to inform you of other products or services available from GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT and its affiliates. GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT does not sell, rent or lease its customer lists to third parties.
GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT, and they are required to maintain the confidentiality of your information.
GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT keeps track of the Web sites and pages our customers visit within GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT, in order to determine what GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT services are the most popular. This data is used to deliver customized content and advertising within GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT to customers whose behavior indicates that they are interested in a particular subject area.
GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT or the site; (b) protect and defend the rights or property of GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT; and, (c) act under exigent circumstances to protect the personal safety of users of GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT, or the public.
The GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT Web site uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT pages, or register with GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT site or services, a cookie helps GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT Web site, the information you previously provided can be retrieved, so you can easily use the GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT services or Web sites you visit.
Security of your Personal Information
GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT uses commercially reasonable efforts to secure your personal information from unauthorized access, use or disclosure. GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of industry-standard encryption, such as the Secure Socket Layer (SSL) protocol. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT does not solicit any personal information from children under the age of 13. GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT encourages families to obtain additional information about safe use of the Internet at http://www.ftc.gov/kidzprivacy/.
Changes to this Statement
GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT will occasionally update this Privacy Statement to reflect company and customer feedback. GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT encourages you to periodically review this Statement to be informed of how GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT is protecting your information. Your continued use of the GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT Web Site following the posting of any changes to this Statement constitutes acceptance of those changes.
GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT welcomes your comments regarding this Privacy Statement. If you believe that GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT has not adhered to this Statement, please contact GMD/GREATER MEDIA DETROIT/GREATER MEDIA DETROIT at 1 Radio Plaza, Detroit, MI 48220. We will use commercially reasonable efforts to promptly determine and remedy the problem.
SUBJECT TO YOUR AGREEMENT AND COMPLIANCE WITH THE FOLLOWING TERMS, Greater Media Detroit grants you a license to download audio files SOLELY for your personal, non-commercial use.
AS TO content performed by Greater Media PERSONNEL, YOU MAY copy, distribute, display, and perform the work ONLY UNDER THE FOLLOWING CONDITIONS:
* Attribution. You must give the original author credit.
* Noncommercial. You may not use this work for ANY commercial purposes, INCLUDING (WITHOUT LIMITATION) THE SALE, BARTER OR OTHER USE OF THE MATERIAL FOR PROFIT, PROMOTION OR OTHER COMMERCIAL ENTERPRISE.
* No Derivative Works. You may not alter, transform, or build upon this work.
* For any reuse or distribution, you must make clear to others the license terms of this work.
THESE CONDITIONS CAN BE WAIVED ONLY WITH THE PRIOR WRITTEN PERMISSION OF GREATER MEDIA DETROIT OR THE APPLICABLE OWNER OF THE UNDERLYING COPYRIGHT.
Your fair use and other rights are in no way affected by the above.
Music copyrights are held by respective performers and/or their representatives.
Greater Media DETROIT (INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES) is not liable for loss or damage as a result of or connected with the download or use of downloaded files from Greater Media DETROIT web servers.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS GREATER MEDIA DETROIT AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY DAMAGES, CLAIMS, EXPENSES AND LOSSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES AND COSTS) INCURRED AS A RESULT OF YOUR BREACH OF THESE TERMS AND CONDITIONS.
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