Terms & Conditions
Terms & Conditions
FLOOD or its business partners may present advertisements or promotional materials on other FLOOD properties. Your dealings with, or participation in promotions of any third-party advertisers on any FLOOD properties are solely between you and the third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that FLOOD is not 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 third parties on any FLOOD properties.
USE OF MATERIALS LOCATED ON THIS SITE
This site is owned and/or operated by FLOOD Magazine, Inc. (“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 device 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. YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE FLOOD WEBSITE OR OTHER FLOOD PROPERTIES. FLOOD WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
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, Monotype Imaging 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.
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.
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 re-exported 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.
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, INDIRECT, INCIDENTAL 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.
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 Los Angeles 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. If these disclaimers do not apply to you, you acknowledge and agree that your sole remedy for any problems or dissatisfaction with any FLOOD applications is to discontinue use. FLOOD’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision and no waiver shall be effective unless it is made in writing and signed by an authorized representative of FLOOD.
YOU WILL INDEMNIFY AND HOLD FLOOD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE FLOOD SERVICES.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THE FLOOD WEBSITE OR PROPERTIES.
As between you and FLOOD, you acknowledge that FLOOD owns or has a license to all title and copyrights in and to any other FLOOD properties. All title and intellectual property rights in and to the licensed content in FLOOD is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. All rights required to stream music have been procured from third parties with their consent for streaming only.
WITHOUT PRIOR NOTICE, FLOOD MAY MODIFY, SUSPEND, OR DISCONTINUE ANY FLOOD CONTENT OR YOUR USE OF IT. WHENEVER FLOOD ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE ANY OF ITS CONTENT, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
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