1. ACCEPTANCE OF TERMS
Pop Gold Radio provides this service to you, subject to the following Terms of Service (\”TOS\”), which may be updated by us without prior notice to you. You can review the most current version of the TOS at any time at: http://Pop Gold Radio.com/tos/. Please note that other terms, limitations and exclusions may apply and will addressed on an individual basis. Your affirmative and express acceptance of these terms of services, in their entirety, occurs at the first moment you utilize any part of Pop Gold Radio.
2. DESCRIPTION OF SERVICE
Pop Gold Radio provides users with access to electronic mail, message boards, and radio information services (the \”Service\”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Pop Gold Radio resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the Internet, either directly or through devices that provide access, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including but not limited to a computer and modem or other access device. Please note that Pop Gold Radio has created certain areas on the Service that contain a subscription service. You must keep your account’s balance up to date inorder to view these areas (subscription service is covered elsewhere). Pop Gold Radio as also taken an initiative to help in under-age privacy on the Internet as well as comply with the COPPA ruling, and shall not provide the Service to persons under the age of 13 without explicit parental consent.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the \”Registration Data\”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Pop Gold Radio has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pop Gold Radio has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), as well as declare Breach of Contract and refuse to send and/or cancel payments.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (\”Content\”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and NOT Pop Gold Radio, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Pop Gold Radio does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable, malicious or further damaging.
You agree not to use the Service to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Pop Gold Radio official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page) in attempt to defraud Pop Gold Radio;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, \”junk mail,\” \”spam,\” \”chain letters,\” \”pyramid schemes,\” or any other form of solicitation, except in those areas of the Service that are designated for such purpose;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to \”scroll\” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
(l) \”stalk\” or otherwise harass another;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating \”Crush\” sites, or interfere or otherwise interrupt the broadcast of FCC licensed stations;
(o) use your page (or directory) as storage for remote loading or as a door or signpost to another home
page, whether inside or beyond Pop Gold Radio;
(p) have multiple Pop Gold Radio addresses or
(q) engage in commercial activities without enrolling in Pop Gold Radio approved affiliate programs. This includes, but is not limited to, the following activities:
- offering for sale any products or services;
- soliciting for advertisers or sponsors;
- conducting raffles or contests that require any type of entry fee;
- displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services, with the sole exceptions of banners provided by or prior approved by Pop Gold Radio;
- displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
(r) You agree and acknowledge that Pop Gold Radio has not reviewed any contents as to their acceptability, legality or for any other purpose. You further agree that it is not Pop Gold Radio’s responsibility to do any such review for appropriateness but merely to host the Site on your behalf.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED TO Pop Gold Radio
Pop Gold Radio does not claim ownership of the Content you place in your messages. By submitting Content to Pop Gold Radio for inclusion on the Site, you grant Pop Gold Radio the world wide, royalty-free and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and promoting Pop Gold Radio’s Internet properties, or any related company thereof. This license exists only for as long as you continue to be a Pop Gold Radio member and shall be terminated at the time your Pop Gold Radio account is terminated. The mere fact of submission of Content which you place on your Site does not impose or imply any duty of Pop Gold Radio to review the same for appropriateness and legality of such content and/or Site.
You acknowledge that Pop Gold Radio does not pre-screen Content, but that Pop Gold Radio and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Pop Gold Radio and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold Pop Gold Radio, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Pop Gold Radio may establish general practices and limits concerning use of the Service, by example and not limitation, disk space, bandwidth and electronic mail relays.
11. MODIFICATIONS TO SERVICE
Pop Gold Radio reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pop Gold Radio shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Pop Gold Radio, in its sole discretion, may terminate your account, Site, use of the Service or use of any other Pop Gold Radio service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Pop Gold Radio believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Pop Gold Radio may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Pop Gold Radio may immediately deactivate or delete your account and all related information and files in linked to your account and/or bar any further access to such files or the Service. You agree that Pop Gold Radio shall not be liable to you or any third-party for any termination of your access to the Service. Further, upon termination of the Service, you agree to forfeit any and all payments, and give Pop Gold Radio the right to cancel in-transit payments.
13. ADVERTISEMENTS AND PROMOTIONS
Pop Gold Radio runs advertisements and promotions on Sites. By utilizing this Site, you agree that Pop Gold Radio has the right to run such advertisements and promotions. The manner, mode and extent of advertising by Pop Gold Radio on this Site is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Pop Gold Radio shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pop Gold Radio has no control over such sites and resources, you acknowledge and agree that Pop Gold Radio is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Pop Gold Radio 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. Pop Gold Radio PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (\”Software\”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Pop Gold Radio or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Pop Gold Radio grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the services explicitly designated for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN \”AS IS\” AND \”AS AVAILABLE\” BASIS. Pop Gold Radio EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Pop Gold Radio MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Pop Gold Radio OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Pop Gold Radio SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Pop Gold Radio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
Pop Gold Radio respects the intellectual property rights of others and we ask our users to do the same.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Pop Gold Radio and govern your use of the Service, superceding any prior agreements between you and Pop Gold Radio (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Pop Gold Radio services, third-party content or third-party software. The TOS and the relationship between you and Pop Gold Radio shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Pop Gold Radio agree to submit to the personal and exclusive jurisdiction of the courts located within the County of San Francisco. The failure of Pop Gold Radio to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to us at [email protected].