Privacy
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
SITE. By using this site, you signify your agreement to these terms of
use. If you do not agree to these terms of use, please do not use the
site. We reserve the right to change, modify, add, or remove portions
of these terms at any time. Please check these terms periodically for
changes. Your continued use of this site following the posting of changes
to these terms (including our Privacy Policy) will mean you agree to any
changes.
USE OF MATERIALS LOCATED ON THIS SITE.
This site is owned and/or operated by Up Nex Marketing – An L.C.
Blake Media Group Company ("Owner"). No material from this site
or any Web site owned, operated, licensed, or controlled by Owner may
be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way, except that you may download one copy of the materials
on any single computer for your personal, noncommercial home use, provided
you keep intact all copyright and other proprietary notices.
Modification of the materials or use of the materials for any other purpose
is a violation of the Owner copyrights and other proprietary rights. The
use of any such material on any other Web site or networked computer environment
is prohibited. All trademarks, service marks, and trade names are proprietary
to Owner or the other designated owner of a posted mark.
Elements of Owner sites are protected by trade dress and other laws and
may not be copied or imitated in whole or in part. No logo, graphic, sound
or image from any Owner site may be copied or retransmitted unless expressly
permitted by Owner.
SOFTWARE AVAILABLE ON THIS SITE
Any software that is made available to download from this server, including
any files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software"), are
the copyrighted work of Microsoft, Netscape or other indicated author
of the Software ("Author"). Use of the Software is governed
by the terms of the end user license agreement, if any, which accompanies
or is included with the Software ("License Agreement"). An end
user will be unable to install any Software that is accompanied by or
includes a License Agreement, unless he or she first agrees to the License
Agreement terms. The Author retains full and complete title to the Software
itself, and all intellectual property rights therein. You may not redistribute,
sell, decompile, reverse-engineer or otherwise disassemble the Software.
OWNER MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
PURCHASE OF PRODUCTS FROM THIS SITE
The purchase of any products from this site is governed by the terms and
conditions of the sales transaction with the provider of the product.
Up Nex Marketing Group MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Up Nex Marketing Groupdoes not have
any responsibility for the processing or delivery of products purchased
from this site.
LINKS TO AND FROM THE OWNERS SITES
Owner permits the linking to its sites from any other site so long as
the linking site is not a competitor of Owner and does not contain libelous,
defamatory, obscene or illegal content. Any link must not frame the Owner's
site and must be to the entire site rather than to a particular page or
graphic. Permission to link to any Owner site is temporary and at Owner's
sole discretion. Owner reserves the right to request any linking site
to remove such link to any Owner site. Any linking site agrees to comply
with such a request within 24 hours of receipt of such a request from
Owner. Links in the Owner sites will let you leave the site. The linked
sites are not under the control of Owner and the Owner are not responsible
for the content of any linked site or any link contained in a linked site,
or any changes or updates to such sites. Owner provides these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement of the site by Owner unless expressly indicated.
PUBLIC FORUMS
"Forum" means any chat area, poll, bulletin board, e-mail and
other interactive function offered as part of this site. You shall not
upload to, distribute through, or otherwise publish through this site
any content that is libelous, defamatory, obscene, pornographic, threatening,
invasive of privacy or publicity rights, abusive, illegal, or which is
in violation of another's copyright, trademark or other proprietary rights.
The Forums shall be used only in a noncommercial manner. You shall not,
without our express approval, distribute or otherwise publish any material
containing any solicitation, promotion or advertising for goods or services.
By submitting content to any Forum, you automatically grant (or warrant
that the owner of such rights has expressly granted) the Owner a royalty-free,
nonexclusive, perpetual right and license to use, reproduce, modify, publish
and distribute such materials or incorporate such materials into any form
or technology now known or later developed.
DIGITAL MILLENNIUM COPYRIGHT ACT
Upnexis.com will honor any accepted technical measures used by copyright
Owner to identify or protect their works. You may report any suspected
infringement to info@upnexis.com
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the site are presented for
the purpose of promoting radio stations, radio personalities, musicians
and other products available in the United States. Owner makes no representation
that materials in the site are appropriate or available for use in other
locations. Those who choose to access this site from other locations do
so on their own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. Software from this
site is further subject to United States export controls. No software
from this site may be downloaded or otherwise exported or reexported into
(or to a national or resident of) any country to which the U.S. has embargoed
goods. By downloading or using the Software, you represent and warrant
that you are not located in, under the control of, or a national or resident
of any such country.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OWNER DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS, INFORMATION OR ADVICE IN OR FROM
THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE OWNERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF THE Owners OR THEIR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OWNERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
OTHER PROVISIONS
These terms shall be governed by and construed in accordance with the
laws of the State of California, without giving effect to any principles
of conflicts of law. You agree that any action at law or in equity arising
out of or relating to these terms shall be filed only in the state or
federal courts located in Santa Clara County and you hereby consent and
submit to the personal jurisdiction of such courts for the purposes of
litigating any such action. If any provision of these terms shall be unlawful,
void, or for any reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the validity and enforceability
of any remaining provisions. These terms along with the terms of the Privacy
Policy is the entire agreement between us relating to the subject matter
herein.
