YOUR USE OF THE ENTERCOMS INC (TOGETHER WITH ITS AFFILIATES, “ENTERCOMS” OR “US”/“WE”/“OUR”) WEBSITES (THE “SITES”), AND ANY SERVICES OFFERED BY ENTERCOMS NETWORK OF PROPERTIES (COLLECTIVELY WITH THE FOREGOING, THE “SERVICES”) IS SUBJECT TO YOU AGREEING TO THESE TERMS AND CONDITIONS (THESE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE THE SERVICES.
These Terms were written in English (US). To the extent any translated version conflicts with the English version, the English version controls.
Some areas of the Services may have additional terms, policies or agreements that apply (“Content Specific Terms”). You agree to comply fully with these Terms and, if applicable, any Content Specific Terms. In the event of a conflict or inconsistency between these Terms and any Content Specific Terms, the Content Specific Terms control.
You hereby certify to Entercoms that (i) you are at least 18 years of age and, (ii) if you are agreeing to these Terms on behalf of a corporation or entity, that you are duly authorized to bind such corporation or entity.
As a condition to using certain Services you will be required to register. You agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. Upon registration, you will be provided with a login identifier (“Entercoms User ID”) and a password. We reserve the right to refuse registration (or cancel a Entercoms User ID) for any reason and in our sole discretion. You shall be responsible for maintaining the confidentiality of your Entercoms User ID and password. You are not allowed to share your Entercoms User ID and/or password for any reason and are fully and solely responsible for all activities that occur under your account. You agree to notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
In connection with your use of the Services, you agree that you will not:
You also hereby grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to us does not affect your ownership of or right to grant additional non-exclusive licenses to the material in your User Submissions, unless otherwise agreed in writing.
We reserve the right to remove any User Submissions from the Services at any time, for any reason. You, not us, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein.
Content provided by Entercoms in the Services (“Content”) are the intellectual property and copyrighted work of Entercoms or third-party authors. All rights not expressly granted with respect to the Services and Content are hereby reserved. Entercoms may modify (or cease providing) the Services or Content at any time in Entercoms sole discretion.
Content owned by third parties (including, without limitation, logos or trademarks) shall not be used by you for any purpose. Unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.
You agree not to copy, reproduce, sell, transfer, modify, publish, distribute, display, prepare derivative works from, reverse engineer, disassemble or decompile or exploit any portion of the Services, our Content, code, or third-party Content without prior written consent from us or, upon our direction, from the respective owner of said material.
You agree to indemnify and to hold harmless Entercoms from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your violation of these Terms.
Entercoms may, in its sole discretion, discontinue or limit your access to any part (or all) of the Services at any time. You agree that Entercoms shall not be liable to you or any third party for any termination or limitation of your access to, or use of, the Services.
The Services may provide links to third-party websites or access to third-party content, products and/or services (“Third-Party Sites and Content”). Entercoms is not responsible for such Third-Party Sites and Content; you bear all risks associated with the access and/or use of such Third-Party Sites and Content. THE SITES, SERVICES, CONTENT, AND ANY THIRD-PARTY SITES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ENTERCOMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL ENTERCOMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SERVICES, ANY CONTENT, OR ANY THIRD-PARTY SITES AND CONTENT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ENTERCOMS LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL ENTERCOMS CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF THE AMOUNT PAID TO ENTERCOMS BY CUSTOMER FOR THE USE OF THE SERVICES OR $250.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Entercoms shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Entercoms reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any portion of these Terms is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. We reserve the right to charge fees for any part of the Services at any time but will provide advance notice to you prior to any such fees coming into effect. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. Entercoms may transfer, assign or delegate these Terms and its rights and obligations without consent.
These Terms and all matters arising out of these Terms shall be construed and enforced exclusively in accordance with Texas law without regard to choice of law provisions. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in California before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, unless otherwise required by law or judicial decision. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
These Terms (with the exception of any Content Specific Terms that may additionally apply) are the entire statement of the terms that govern your use of the Services. ENTERCOMS MAY MAKE CHANGES TO THESE TERMS FROM TIME TO TIME IN ENTERCOMS SOLE DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AFTER ENTERCOMS POSTS OR OTHERWISE MAKES AVAILABLE MODIFIED TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE MODIFIED TERMS.