CUMULUS MEDIA, INC
TERMS OF SERVICE
UPDATED AS OF MAY 1, 2015
AGREEMENT BETWEEN USER AND CUMULUS
This site or application is owned or managed by Cumulus Media Inc. (“Cumulus “) and is part of the Cumulus family of companies, which includes other quality entertainment brands such as broadcast and Internet radio stations, Westwood One, Inc., NASH, Modern Luxury, SweetJack and Incent‐Rev/Radio‐Half Off, each of which operates or manages one or more websites or applications (each a “Cumulus Site,” and collectively the “Cumulus Sites”).
Certain products or services offered by this and/or other Cumulus Sites (each a “Cumulus Internet Service,” and collectively “Cumulus Internet Services”), and certain areas within this and/or other Cumulus Sites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or Cumulus Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or Cumulus Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
By using this Cumulus Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this Cumulus Site (collectively, “Device”); and (d) you will access and use this Cumulus Site in accordance with this Agreement.
Some parts of this Cumulus Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Cumulus Site content.
If permitted or available through the applicable Cumulus Internet Service, to (a) upload content to this Cumulus Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this Cumulus Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which Cumulus makes the Cumulus Internet Service available as well as any carrier services
necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Cumulus Internet Service, including, but not limited to, if this Cumulus Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Cumulus Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Cumulus’s or this Cumulus Site’s operations or the Cumulus Internet Service. Any equipment or software causing interference will be immediately disconnected from the Cumulus Internet Service and Cumulus will have the right to immediately terminate this Agreement. If any upgrade in or to the Cumulus Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Cumulus Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the Cumulus Internet Service.
USE OF CONTENT
All information, materials, functions and other content (including Submissions, as defined in below) (“Content”) contained on any Cumulus Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Cumulus Site or delete Content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no Content from any Cumulus Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Cumulus Site, except that where a Cumulus Site is configured to enable the download of particular Content, you may download one copy of such Content to a single Device for your personal, noncommercial use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re‐mailing” or high‐volume or automated use of any Cumulus Site is prohibited.
Any and all rights not expressly granted herein are reserved.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Cumulus Site, you warrant to us that you will not use the Cumulus Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Cumulus Site in any manner which could damage, disable, overburden, or impair the Cumulus Site or interfere with any other party’s use and enjoyment of the Cumulus 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 Cumulus Sites.
YOU MAY NOT USE ANY CUMULUS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY CUMULUS SITE MAY BE TERMINATED IMMEDIATELY IN CUMULUS’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
ACCOUNTS, SECURITY, PASSWORDS
If a particular Cumulus Site or Cumulus Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be
asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Cumulus immediately of any unauthorized use of your account. Cumulus is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Cumulus Internet Service.
This Cumulus Site may offer certain Cumulus Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, ” Cumulus Interactive Services”). Additional Terms may cover Cumulus Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Cumulus Internet Services may change from time to time in Cumulus ‘s sole discretion. You may participate in the Cumulus Interactive Service by completing the registration form where one is provided.
We do not claim ownership of the Submissions you provide, post, upload, input or submit to any Cumulus Site using the Cumulus Interactive Services. However, by posting, uploading, inputting, providing or submitting your Submission to a Cumulus Site through the Cumulus Interactive Services, you are granting us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non‐exclusive, irrevocable, fully‐paid, royalty‐free, sub‐licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on Cumulus Sites, Cumulus Interactive Services, on third‐party platforms, and on our radio stations) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this Cumulus Site, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this Cumulus Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to Submissions. Without limitation thereof, you agree that Cumulus, our affiliates and our licensees are free to use any ideas, concepts, know‐how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you. No compensation will be paid to you with respect to our use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide to us and we may remove any Submission at any time in our sole discretion.
By Distributing your Submission on a Cumulus Site, 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 Distribute your Submission. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall not be liable to you or to any person claiming through you for our exploitation or disclosure of any Submission.
The information and opinions expressed in Submissions appearing on this Cumulus Site are not necessarily those of Cumulus or its content providers, advertisers, sponsors, affiliated or related entities, and Cumulus `makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for Submissions. Cumulus does not represent or guarantee the truthfulness, accuracy, or reliability of any Submission or determine whether the Submission violates the rights of others, and Cumulus has no control over whether such Submissions are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any Submission submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such Submissions. You acknowledge that this Cumulus Site is “public,” and in addition to the license granted to Cumulus, other users will have access to your Submissions and might copy, modify or distribute them.
If you are aware of any Submission on this Cumulus Site which violates these Terms, please contact us at [email protected]. Please provide as much detail as possible, including a copy of the underlying material, the location where Cumulus may find it, and the reason such Submission should be removed. Please note that filing a complaint will not guarantee its removal, Cumulus will only remove a Submissions if Cumulus believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”
CODE OF CONDUCT ON CUMULUS SITES
The Cumulus 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”). By using a Cumulus Site or the Communication Services, you agree that you will adhere to this Code of Conduct and use the Cumulus Site and Communication Services only to Distribute Submissions that are proper and related to the particular Cumulus Site or Communication Service. Accordingly, you agree that you will not:
- Distribute any Submission, provide links to, or make any post that is unlawful (according to local, state, federal, or international law or regulation) inappropriate, defamatory, infringing, obscene, indecent or advocate illegal activity.
- Distribute files, provide links to, or make posts that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
- Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Distribute files, provide links to, or make posts that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s device.
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Cumulus Site or Communication Service specifically allows such messages.
- Distribute any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner or that you do not have a right to make available under law or contractual or fiduciary relationships.
- 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.
- Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Restrict or inhibit any other user from using and enjoying the Communication Services or the Cumulus Site.
- Attempt to gain unauthorized access to this Cumulus Site, any related website, other accounts, computer system, or networks connected to this Cumulus Site, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Cumulus Site, including harvesting or otherwise collecting information about others such as email addresses.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service or the Cumulus Site.
- Violate any applicable laws or regulations.
You are and shall remain solely responsible for the Submissions you Distribute on or through any Cumulus Site using the Communication Services, and for the consequences of Distributing same. We have no obligation to monitor the Communication Services. However, we reserve the right to review Submissions Distributed using a Communication Service and to remove any and all Submissions in our sole discretion for any reason whatsoever. We reserve the right to terminate your access to any or all of the Cumulus Sites and Communication Services at any time without notice for any reason whatsoever.
You acknowledge that the Cumulus Sites and Communication Services and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a such public forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
Always use caution when giving out any personally identifying information about yourself or your children in any Cumulus Site or Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Cumulus Sites and Communication Services and any actions resulting from your participation in any Cumulus Site or Communication Service. Managers and hosts are not authorized Cumulus spokespersons, and their views do not necessarily reflect our views.
We reserve 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 Submission, information or materials, in whole or in part, in our sole discretion.
SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE
Any software that is made available to access, use, view and/or download in connection with a Cumulus Site or Cumulus Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by Cumulus and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non‐commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Cumulus accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
THIRD PARTY LINKS, MERCHANTS, SOFTWARE AND ADVERTISEMENTS
The Cumulus Sites may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under our control and we are 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. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
This Cumulus Site may enable you to order and receive products, information and services from businesses that are not owned or operated by Cumulus. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Cumulus does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services.
Cumulus will not be a party to or in any way responsible for monitoring any transaction between you and third‐party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Cumulus Internet Service.
Cumulus may display advertisements for the goods and services of a third party on the Cumulus Sites, including in connection with co‐promotions, sponsorships and other similar partnership arrangements. Cumulus does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this Cumulus Site.
You may be invited or asked to attend Cumulus‐sponsored events or events held by other members and users of this Cumulus Site which are not in any way associated with Cumulus at various locations throughout the United States (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold Cumulus, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by Cumulus in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by Cumulus and we may use your or your minor children or wards’ name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.
Any sweepstakes, contests, games and/or promotional offers accessible on this Cumulus Site are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on this Cumulus Site, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Cumulus Site (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Cumulus Site, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.
For any voting/rating features that are available on this Cumulus Site, you must follow instructions on this Cumulus Site to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. Cumulus assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non‐ authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any individual it finds to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
The Cumulus Site may offer referral programs that permit you to submit information about other persons (each, a “Referred Person”), including, without limitation, U.S.‐based email addresses, mobile telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the Cumulus Internet Service. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental United States, at least 18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years old if a resident of Mississippi), and be able to register for the Cumulus Internet Service, or otherwise use the Cumulus Internet Service. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Cumulus Internet Service. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e‐mail address if he/she/it appears to be on any of our “do not contact” or “do not e‐mail” lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these terms or conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, this Cumulus Site, any Cumulus Internet Service, or any third party for any reason. We specifically disclaim any liability for exercising such right.
We may, at our discretion, send you a confirmation using any means available through the Cumulus Internet Service, including email, text and other forms of messaging, to inform you that the Referred Person has registered for the Cumulus Internet Service. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges in connection with messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to discontinue the Cumulus Internet Service to you. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to Additional Terms which will be posted at the time such programs become available and will be deemed incorporated into, and subject to, this Agreement. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability.
If you are using the Cumulus Internet Service to communicate to a Referred Person (or any third party), you agree not to use such Cumulus Internet Service to harm the Referred Person or any other third party, and/or use such Cumulus Internet Service in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.
This Cumulus Site may offer certain Cumulus Subscription Services such as newsletters and Real Simple Syndication (“RSS”) feeds (collectively “Cumulus Subscription Services”). By registering for a Cumulus Subscription Service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms.
INTERNATIONAL USE/U.S. EXPORT CONTROLS
Accessing materials on this Cumulus Site by certain persons in certain countries may not be lawful, and Cumulus makes no representation that materials on this Cumulus Site are appropriate or available for use in locations outside the United States. If you choose to access this Cumulus Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this Cumulus Site. No software or any other materials associated with this Cumulus Site may be downloaded or otherwise exported or re‐exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re‐export of any such materials. By using and/or downloading any such materials from a Cumulus Site, you
represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re‐export is prohibited or are not a person or entity to which such export is prohibited.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE CUMULUS WEB SITE OR ANY THIRD‐PARTY WEB SITES OR SERVICES LINKED TO FROM THE CUMULUS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON‐INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE FREE OF INACCURACIES OR TYPOGRAPHICAL ERRORS, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CUMULUS WEB SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Advice received via the Cumulus 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.
LIMITATION ON LIABILITY
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO ANY CUMULUS SITE OR CHANGE THE CUMULUS SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
SERVICE CONTACT : [email protected] FEES
Except where otherwise provided, access to and use of this Cumulus Site and the Cumulus Internet Services offered through it are currently available without charge. Cumulus reserves the right to charge a fee for access to or use of this Cumulus Site, or any Cumulus Internet Service available on this Cumulus Site at any time in the future. Your access to or use of this Cumulus Site before such time does not entitle you to use of this Cumulus Site without charge in the future.
You are responsible for maintaining the confidentiality of your Personal Information as well as for all of your activities on the Cumulus Sites and any related Cumulus Internet Service. You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Cumulus Sites and any related Cumulus Internet Service and/or software. You agree to cooperate with us fully in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
JURISDICTION AND VENUE
Cumulus reserves the right to modify, suspend, or terminate this Cumulus Site and/or any portion thereof, including any Cumulus Internet Service, and/or your account, password, or use of any Cumulus Internet Service, or any portion thereof, at any time for any reason with or without notice to you. Termination of your account for a Cumulus Internet Service removes your authorization to use the Cumulus Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Cumulus shall not be liable to you or any third party for any termination of your access to a Cumulus Internet Service.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Cumulus with respect to the use of this Cumulus Site and shall not be modified except in writing, signed by an authorized representative of Cumulus.
If you have any questions concerning this Agreement, you may send them by email to [email protected]. You must send any official correspondence via postal mail to:
Cumulus Media Inc. Legal Department
3280 Peachtree Road
Atlanta, GA 30305
USE OF CUMULUS INTELLECTUAL PROPERTY
The Cumulus Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Cumulus logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Cumulus or by other parties that have provided rights thereto to Cumulus.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer‐related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Cumulus Site, in whole or in part, without the express written permission of Cumulus.
Other trademarks, service marks, product names and company names or logos appearing on this Cumulus Site that are not owned by Cumulus may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this Cumulus Site, or frame this Cumulus Site, or any web page or material herein, nor may any entity include a link to any aspect of this Cumulus Site in an email for commercial purposes, without the express written permission of Cumulus. Further, unless otherwise expressly permitted, you agree not to link to Cumulus’s Intellectual Property so as to cause you or anyone else to access Cumulus’s Intellectual Property other than through this Cumulus Site.
You may inquire about obtaining permission by writing:
Cumulus Media Inc. Legal Department
3280 Peachtree Road
Atlanta, GA 30305
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Cumulus respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Cumulus Site, you are granting permission to have this material posted on this Cumulus Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Cumulus reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Cumulus may have under law or contract. Our procedures for providing notice of alleged copyright infringement are set forth below.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification of claimed copyright infringement in accordance with the provisions of Title 17, United States Code, Section 512(c)(2) and the Digital Millennium Copyright Act, to our Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Notification must be submitted to the following Designated Agent: Service Provider: Cumulus Media, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement: Richard S. Denning
Full Address of Designated Agent to Which Notification Should be Sent: 3280 Peachtree Road, Suite 2300, Atlanta, GA 30305 Telephone Number of Designated Agent: (404) 260‐6677
Facsimile Number of Designated Agent: (404) 260‐6877
E‐Mail Address of Designated Agent: [email protected]
Pursuant to 17 U.S.C. § 512(c), the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good‐faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on any Cumulus Site, electronic mail to a user’s e‐mail address in our records, or by written communication sent by first‐class mail to your physical address in our records. If you receive such a notice, you may provide counter‐notification in writing to the designated agent that includes the information below. To be effective, the counter‐notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Cumulus may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.