Your use of the 90.9FM WCDB web site (the "Site"), as well as any and all
information, products and services on or available through or from the Site,
including without limitation all products and services provided by WCDB-FM,
shall be governed by the policies, terms and conditions hereinafter set forth
(these "Terms and Conditions").
Your use of the Site constitutes your acknowledgment of and agreement to be
bound by these Terms and Conditions, and shall constitute a waiver of any right
you may otherwise have had to object to these Terms and Conditions. As a
condition of your use of the Site, you hereby represent and warrant that you
will not use the Site for any purpose that is unlawful or otherwise prohibited
by these Terms and Conditions. If you do not agree with any of the Terms and
Conditions, you are not authorized to use the Site.
WCDB-FM reserves the right to modify, amend, update and change the Site and/or
these Terms and Conditions from time to time without notice to users of the
Site. You agree that WCDB-FM shall not be liable to you or to any third party
for any modification, amendment, suspension, discontinuance or other change to
the Site.
Site Content and Information
The Site may include information that is inaccurate, incomplete,
unreliable or outdated. WCDB-FM does not make any representations or warranties
with respect to the information contained on the Site, and does not guarantee
that such information is complete, accurate, current or reliable. WCDB-FM
hereby disclaims all liability for any information that is incomplete,
inaccurate, unreliable or outdated. Any reference to or description within the
Site of third parties, products, services or publications shall not be deemed
an endorsement of such third parties, products, services or publications.
The opinions expressed in any of the material on this website do not reflect
the opinions of the University at Albany, State University of New York, the
Student Association or the Staff and Managment of WCDB-FM.
Links
The Site may contain links to other web sites, web pages, services and
resources that are operated by parties other than WCDB-FM. WCDB-FM is not
responsible for the contents or availability of any such other site and does
not endorse and is not responsible in any way for any content, advertising,
products, services or other materials on or available at, from or through such
sites. You agree that WCDB-FM 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 your use of or reliance on any such content, advertising,
products, services or other materials on or available at, from or through any
such site.
Authorized Use of Material
The contents of all material available on the Site are copyrighted by
WCDB-FM, unless otherwise indicated, and all rights are reserved. The contents
of the Site are intended solely for your personal use on a single computer. You
are hereby authorized to view and print the materials provided on the site only
for personal and informational use. You may not alter, modify, reformat,
display, transmit, publish, license, create derivative works from, reverse
engineer, reproduce, duplicate, copy, transfer, distribute, disseminate, sell,
resell or otherwise exploit for any commercial purposes any information,
software, documents, graphics, products or services obtained from or made
available through the Site without the express written consent of WCDB-FM.
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND THAT THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS, LINKS OR
OTHER ITEMS AND MATERIALS INCLUDED IN OR AVAILABLE AT, FROM OR THROUGH THE SITE
ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. ALL
SUCH ITEMS AND MATERIALS MAY BE UPDATED OR CHANGED BY WCDB-FM AT ANY TIME
WITHOUT PROVIDING PRIOR NOTICE OF SUCH INTENDED CHANGE. WCDB-FM RESERVES THE
RIGHT TO UPDATE THE INFORMATION AND MATERIALS CONTAINED IN THE SITE, BUT IS
UNDER NO OBLIGATION TO DO SO.
TO THE FULLEST EXTENT PERMITTED BY LAW, WCDB-FM HEREBY DISCLAIMS ALL IMPLIED
WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, SUITABILITY,
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR
PURPOSE. WCDB-FM DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF
THE SITE WILL MEET YOUR EXPECTATIONS. WCDB-FM ASSUMES NO RESPONSIBILITY FOR ANY
INACCURACIES, TYPOGRAPHICAL ERRORS OR OMISSIONS CONTAINED IN THE SITE, OR ANY
OFFENSIVE OR OTHERWISE OBJECTIONABLE CONTENT CONTAINED IN THE SITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WCDB-FM OR ANY
SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR
REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM
THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY
SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF
USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND/OR TAMPERING WITH YOUR
PERSONAL INFORMATION OR RECORDS) ARISING OUT OF OR RELATED TO THE USE,
INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE,
EVEN IF WCDB-FM HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER
SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT
LAW OR OTHERWISE.
Indemnification
You agree to indemnify and hold WCDB-FM, its subsidiaries, affiliates,
directors, officers, shareholders, agents and employees harmless from and
against any loss, damage, liability, cost or expense of any kind, including
attorneys' fees, incurred by WCDB-FM in connection with a third party claim,
action or demand due to, arising out of, related to or otherwise attributable
to your use of the Site or your violation of these Terms and Conditions.
Governing Law
These Terms and Conditions shall be interpreted, construed, governed by
and enforced in accordance with the laws of the State of New York. Under no
circumstances shall the laws of any other state be applied, even where such a
result would be indicated by choice of law rules. By using the Site, you hereby
irrevocably consent to the personal and exclusive jurisdiction and venue of
federal and state courts in Albany County, New York regarding any and all
disputes relating to these Terms and Conditions or your use of the Site.
General
These Terms and Conditions shall constitute the sole agreement and
understanding between you and WCDB-FM regarding your use of the Site. No
agreement or other understanding purporting to modify these Terms and
Conditions shall be binding upon WCDB-FM unless otherwise agreed to by WCDB-FM
in writing. The failure of WCDB-FM to exercise or enforce any right or
provision of these Terms and Conditions shall not constitute a waiver of such
right or provision. Any provision of these Terms and Conditions which is
invalid or unenforceable in any jurisdiction shall be ineffective to the extent
of such invalidity or unenforceability without invalidating or rendering
unenforceable the remaining provisions hereof; and any such invalidity or
unenforceability in any jurisdiction shall not invalidate or render
unenforceable such provision in any other jurisdiction.