Last modified: April 30, 2020
The terms are entered into by and between you and association for independents in radio, inc. (“air,” “our,” “we,” “us”), and they govern your access to and use of this website (“website”), including any content, functionality, and services offered on or through the website, whether as a guest or a registered user.
This agreement remains in full force and effect while you use the website. All provisions of the terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We may revise and update these terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the website thereafter. Your continued use of the website or our services following the posting of revised terms means you accept and agree to the changes.
The website may contain personal profiles, forums, bulletin boards, and other interactive features (collectively, “interactive services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “user contributions”) on or through the website.
Any user contribution you post to the website will be considered non-confidential and non-proprietary. You retain full ownership of any user contributions you post on the website, but to allow us to continue to publish your user contributions on the website, you grant us and service providers a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, copy, modify, publicly perform, publicly display, distribute, and otherwise disclose to third parties and/or exploit in any manner any such material for any purpose. If we wish to use your user contributions in any other way, we will contact you in advance.
You represent and warrant that:
- You own or control all rights in and to the user contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your user contributions do and will comply with the terms.
- Neither the user contributions nor your submission, uploading, publishing, or otherwise making available of such user contributions, nor air’s use of the user contributions as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You understand and acknowledge that you are responsible for any user contributions you submit or contribute, and you, not air, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any user contributions posted by you or any other user of the website.
Accessing the website and account security
We reserve the right to withdraw, restrict, or amend the website, and any service or material we provide on the website, in our sole discretion without notice, temporarily or permanently. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period.
You are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the terms.
Changes to the website
We may update the content on the website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right to modify its fee structure at any time and without advanced notice. Temporary or permanent modifications are effective as soon as they are published on the website and are applicable to all subsequent transactions.
You are solely liable for all the taxes, fees, and commissions resulting from use of the website. The terms do not create a joint venture, partnership, or principal-agent relationship between you and air, or any other users, and nothing in the terms may be used to imply such a relationship. You agree to indemnify, defend, and hold air harmless from any liability for, or assessment of, any claims or penalties with respect to such taxes, labor, or employment requirements, including any liability for, or assessment of taxes imposed on air by the relevant taxing authorities with respect to any fees paid to you as the result of using the website.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to website (collectively “feedback”), you agree we may use the feedback to: (a) improve our website and (b) promote the website, and that you will not be due any compensation for your feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the feedback on the website or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
Intellectual property rights
The website and its entire contents, features, and functionality are owned by air, its licensors, or other providers of such material and are protected by united states and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The terms permit you to use the website for your personal, non-commercial use only (though you may use the website for company recruiting and hiring purposes by directly accessing and searching the website), subject to the following restrictions:
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the website, except as it is created and owned by you.
- You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by air.
The air name and logo, and all related names, logos, product and service names, designs, and slogans are the property of air or its affiliates or licensors. You must not use such marks without the prior written permission of air. All other names, logos, product and service names, designs, and slogans on the website are the trademarks of their respective owners.
Reporting claims of copyright infringement
We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the website, you may request removal of those materials from the website by submitting written notification to our copyright agent at [email protected]. In accordance with the online copyright infringement liability limitation act of the digital millennium copyright act (17 u.s.c. § 512) (“dmca”), the written notice (the “dmca notice”) must include substantially the following:
- Your name.
- The name and description of the work that is being infringed.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of these requirements, your dmca notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the website is infringing your copyright, you may be held liable for damages under section 512(f) of the dmca.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the us or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate air, an air employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm or offend air or users of the website or expose them to liability.
Monitoring and enforcement; termination
We have the right to:
- Remove, refuse to post, or take any action with respect to any user contributions that we deem necessary or appropriate, for any or no reason ,in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.
- Terminate or suspend your access to all or part of the website for any or no reason, including without limitation, any violation of the terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. You waive and hold harmless air and its affiliates, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.
However, we do not undertake to review all material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on information posted
We do not warrant the accuracy, completeness, or usefulness of any information on the website. Any sample contracts or other legal matters shared on the website are strictly for informational purposes, are not legal advice, and should be reviewed with a licensed attorney before use. Any reliance you place on information on the website is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials or information by you or any other visitor to the website, or by anyone who may be informed of any of its contents.
The website includes content provided by third parties, including materials provided by other users and companies or organizations. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by air, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of air. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Links from the website
The website contains links to other sites and resources provided by third parties that are provided for your convenience only. We have no control over the contents of those sites or resources, and have no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Users outside the u.s.
The website is controlled and operated from the united states and is subject to its laws. If you choose to access the website outside of the united states, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
Disclaimer of warranties
Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither air nor any person associated with air makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither air nor anyone associated with air represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the website or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
Air hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on liability
In no event will air, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website, or such other websites or any services or items obtained through the website, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business, or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
In no event will the collective liability of air and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount you have paid to air for the applicable services in the last 12 months out of which liability arose.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless air, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the terms or your use of the website, including, but not limited to, your user contributions, any use of the website’s content, services, and products other than as expressly authorized in the terms, or your use of any information obtained from the website.
All matters relating to the website and the terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of california without giving effect to any choice or conflict of law provisions or rules.
At air’s sole discretion, it may require you to submit any disputes arising from the terms or the website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of arbitration of the american arbitration association applying california law.
Waiver and severability
No waiver by air of any term or condition set forth in the terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of air to assert a right or provision under the terms shall not constitute a waiver of such right or provision.
If any provision of the terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms will continue in full force and effect.
Your comments and concerns
The website is operated by Association Of Independents In Radio, Inc. Mailing address: PO BOX 220400, Boston, MA 02122.
All feedback, comments, requests for technical support and other communications relating to the website should be directed to: [email protected].