TERMS OF USE
Evanston Broadcasting, LLC (“WCGO”) operates its website located at www.wcgoradio.com (“Website”). Please read the following Terms of Use carefully before accessing or using the Website.
A. Applicability & Acceptance of These Terms of Use
By viewing, using, accessing, browsing, or submitting any content or material on or through the Website, you agree to these Terms of Use as a binding legal agreement between you and WCGO, without limitation or qualification. The term “you” or “You” shall refer to any person or entity who views, uses, accesses, browses, or submits any content or material to the Website.
If you do not agree to these Terms of Use, then you may not use the Website. WCGO reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the Website shall be subject to the then-current Terms of Use, and continued use of the Website now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
B. User License
a. Scope: WCGO grants you permission (which may be revoked at any time for any reason or no reason) to view the Website and to download, email, share via social networking, or print individual pages from the Website in accordance with these Terms of Use and solely for your own personal, noncommercial use. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive, or cache without WCGO’s prior written consent. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products, or services obtained from the Website, except as specifically noted above.
Except as specifically authorized in writing by WCGO, you may not deep-link to the Website for any purpose or access the Website manually or with any robot, spider, Web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Website or any information, content, or material on the Website. WCGO reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Website or any content contained therein, whether in whole or in part, without prior written consent from WCGO. You may promote and share the Website and Website content via social networking technology referenced on the Website.
Any rights not expressly granted herein are reserved.
b. User Conduct: WCGO requires that all users of WCGO Website services (the "Services") conduct themselves with respect for others. In particular, please observe the following rules in your use of the Services:
1. Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
2. Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder's written permission. Do not cooperate in or facilitate identity theft.
3. Users Under 18: Do not use the Website or the Services or submit content to or through the Website if you are under the age of 18.
4. Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
5. User Generated Content: You may not post any content on the Website that:
contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
unfairly interferes with any third party's uninterrupted use and enjoyment of the Website;
advertises, disparages, promotes, or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Website;
is intended primarily to promote a cause or movement, whether political, religious or other;
contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
constitutes, promotes, or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian, or educational supervisor;
infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
contains viruses or other harmful, disruptive or destructive files;
links to any commercial or other website; and/or
is not otherwise in compliance with these Terms of Use.
6. Commercial Activity: Do not use the Website to engage in commercial activities apart from sanctioned use of the WCGO Services.
7. Hacking, Viruses, and Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Services. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Services.
8. Spam: Do not send bulk unsolicited e-mails ("Spam") or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.
9. Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
10. Violations of Law: Do not violate any law.
11. Harm From Commercial Use. You agree that the consequences of commercial use or re-publication of content or information from the Website may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that WCGO will be entitled to temporary and permanent injunctive relief to prohibit such use.
C. WCGO License
a. You grant WCGO, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all user-generated content you provide to WCGO via Website comment, e-mail or other similar means (“User-Generated Content”), including any Personally Identifiable Information (as that term is defined in WCGO’s Privacy Policy). You also grant WCGO the right to use the User-Generated Content and any facts, ideas, concepts, know-how or techniques ("Information") contained in any User-Generated Content for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Website, without compensation of any sort to you. WCGO does not claim ownership of your User-Generated Content.
b. Disclaimer of Responsibility for Material: User-Generated Content is not endorsed by WCGO, and does not represent the views of WCGO or its parents, subsidiaries and affiliates, agents, officers, or directors. You acknowledge and agree that WCGO does not control User-Generated Content, and disclaims any responsibility for it. WCGO specifically disclaims any duty, obligation, or responsibility to review, screen, refuse to post, remove, or edit any User-Generated Content. In addition, WCGO does not represent or warrant that any other content or information accessible via the Website is accurate, complete, or current. WCGO assumes no responsibility or liability for any errors or omissions in the content of the Website.
c. Review & Removal of Material. WCGO reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any User-Generated Content that WCGO believes, in its absolute and sole discretion, may violate any portion of the Terms of Use. You may contact WCGO to request removal of User-Generated Content. However, WCGO disclaims any duty, obligation, or responsibility to comply with such request, except as specifically outlined in this paragraph. WCGO also reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any User-Generated Content on the Website for any reason or no reason whatsoever, in its absolute and sole discretion. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that User-Generated Content posted by the Website infringes your copyright, you (or your agent) may send WCGO a notice requesting that the material be removed from the Website(s), or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow WCGO to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) 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 (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to info@wcgoradio.com. WCGO suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.
D. Proprietary Rights
You acknowledge and agree that the Website contains proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without prior, written permission of WCGO. All WCGO Website content, design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Website are ©2019 Evanston Broadcasting, LLC, all rights reserved.
E. Termination and Modifications to the Website
WCGO reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Website and/or Services offered on or through the Website (or any part thereof), including but not limited to the Website’s features, look and feel, and functional elements and related services.
F. Indemnity
You agree to indemnify and hold WCGO, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys’ fees, made by anyone in connection with your use of the Website, with your User-Generated Content, with any alleged infringement of intellectual property or other right of any person or entity relating to the Website, your violation of these Terms of Use, and any other acts or omissions relating to the Website.
G. Disclaimer of Warranties
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE (WHETHER PROVIDED BY WCGO, YOU, OTHER USERS OR OTHER THIRD PARTIES), INCLUDING WITHOUT LIMITATION, LIVE STREAMING PROGRAMS, EXPERT BLOGS, ON-DEMAND VIDEOS, ARTICLES, USER-GENERATED CONTENT, TEXT, PHOTOS, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WCGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
H. Limitation of Liability
IN NO EVENT SHALL WCGO BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF WCGO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. WCGO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITE. WCGO ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITE LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WCGO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $100.
YOU AND WCGO AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND WCGO AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION.
I. Cancellation, Termination, Transfer, and Expiration of Account or Services
You may cancel or terminate your WCGO account and/or use of any Service provided on or through the Website, with or without cause at any time, upon providing written notice to WCGO. If you cancel or terminate your account or any Services, your request will take effect as soon as the request is processed by WCGO. Upon termination, your ability to use your account or all WCGO services immediately ceases. Your notice to WCGO of cancellation or termination must be sent via email to info@wcgoradio.com.
WCGO, in its sole and absolute discretion, and at any time and with or without prior notice to you, may suspend, cancel, or terminate your password, account, and/or use of any services provided on or through the Website for any reason whatsoever, including and without limitation, due to lack of use, unauthorized commercial use, cybersquatting, in connection with WCGO’s resolution of any dispute among multiple persons claiming the right to use the same or similar accounts or services, or WCGO’s belief, in its absolute and sole discretion, that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. In the event of a dispute or conflict among, or complaint from, users of the Website about another’s right to establish, use, or maintain an account or service on the Website, WCGO reserves for itself the sole right to determine whether or how to resolve such dispute, conflict or complaint, with or without factual or other investigation.
Upon cancellation or termination by either party, of your account, your password, and/or use of any service provided on or through the Website, you will have no right to any User-Generated Content you have provided, and WCGO may temporarily or permanently block access to, remove, deactivate, delete, and discard all such User-Generated Content. WCGO accepts no liability for removed or deleted User-Generated Content. In addition, any contracts (verbal, written, or assumed) with respect to your account, User-Generated Content, and/or use of any service on the Website, will be terminated at WCGO’s discretion. You agree that WCGO shall not be liable to you or any third-party for any termination of your access to any service.
Upon suspension, cancellation, or termination of your account or your use of any service provided on or through the Website (for whatever reason), there shall be no refund of money you paid to WCGO, if any.
J. Your account, password, and security
Use of WCGO's services may require that you register and/or create an account with WCGO. During this process, you must select a user name and password and provide certain personal information to WCGO as set forth in the WCGO Privacy Policy. In consideration of the use of WCGO’s services, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WCGO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WCGO has the right to suspend or terminate your account and refuse any and all current or future use of the Website or Services (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify WCGO of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password (or credit card information, if applicable); and (b) ensure that you exit from your account at the end of each session. WCGO will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
K. Links
As a courtesy to you, the Website offers links to the websites of partners featured on the Website and linked advertisements (“Links”). WCGO is not responsible for the contents of any website pages created and maintained by organizations independent of WCGO. Visiting any such third-party website pages is at your own risk. WCGO has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by WCGO. By using the Website, you acknowledge that WCGO is responsible neither for the availability of, nor the content located on or through any third-party website pages.
L. Trademarks
WCGO™ is a common law trademark of WCGO. The trademark (as well as other trademarks that WCGO may use or register) and other logos, and names of WCGO, used on or in connection with the Website may not be used in connection with any product or service that is not under WCGO’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits WCGO. All other trademarks not owned by WCGO (or its affiliates) that appear on the Website are the property of their respective owners.
M. Consideration
You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Website and receipt or use of Services through the Website, the possibility of our review, use or display of your User-Generated Content, and the possibility of publicity and promotion from our review, use or display of your User-Generated Content.
N. Jurisdiction, Applicable Law, and Limitations
This Website is created and controlled by WCGO in the State of Illinois, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Illinois, without regard to its conflicts of law provisions. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. WCGO makes no claims or assurances that the Website is appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with the Website, these Terms of Use or Services available on or through the Website must be will be resolved individually, and without resort to class action. Such legal proceedings must be filed in a federal or state court located in Chicago, Illinois, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
O. General
a. Enforceability. If any portion of these Terms of Use is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.
b. Entire Agreement. Except as expressly provided on the Website, these Terms of Use, which hereby incorporate by reference the terms of WCGO’s Privacy Policy, constitute the entire agreement between you and WCGO, superseding all prior agreements regarding the Website.
c. No Waiver. The failure of WCGO to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
d. Headings and Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
e. Contact WCGO. For purposes of providing notice of cancellation or termination, contact us at info@wcgoradio.com.
Copyright © 2019 Evanston Broadcasting, LLC. All Rights Reserved.
