Terms of Use
Your use of BusRadio.com (the "Website") constitutes your acceptance and agreement with these Terms of Use, which may be changed from time to time. Updated versions of the Terms of Use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any revised Terms of Use are posted constitutes your consent to the revised Terms of Use.
This Website is made available by BusRadio, Inc. ("BusRadio") and all content and information provided on or through the Website may be used solely under the following terms and conditions:
Use of Website and Materials
The Website contains information, content or advertisements, text, photographs,
designs, graphics, images, sound and video recordings, animation and other
materials and effects (collectively, the "Materials") that are owned
by BusRadio and/or other third parties and are protected by copyrights,
trademarks, service marks, trade dress or other intellectual or proprietary
rights. All trademarks and copyrighted information contained on the Website are
the property of their respective owners. You may not remove from any electronic
or printed copy any copyright, trademark, or other proprietary notice.
This Website and the Materials on this Website are provided for your
individual, non-commercial use. Any other use of the Website or the Materials
is strictly prohibited. You expressly agree that you are prohibited from and
expressly agree that you shall not modify, republish, delete, transmit,
retransmit, rebroadcast, publicly perform, distribute, upload, post, reproduce,
redistribute or otherwise disseminate any Materials without the express prior
written permission of BusRadio or the applicable rights holder in each instance.
Without limiting the generality of the foregoing, you acknowledge and agree
that you are prohibited from re-broadcasting and/or otherwise making available
any broadcasts and/or other audio transmissions on ant other web site and/or
through any other means. The Materials on the Website may not be used by third
parties for telemarketing, direct marketing, commercial
mass e-mail or by agents or representatives or e-mail spammers. You may not
decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense,
or create derivative works from the Website or the Material. Nor may you use
any network monitoring or discovery software to determine the site
architecture, or extract information about usage or users.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
License
By virtue of your use of this Website you are granted a nonexclusive,
nontransferable, revocable, limited license to access and use the Website and
Materials in accordance with these Terms of Use. BusRadio may terminate this
license at any time for any reason. By using the Website, uploading content to
or submitting any materials for use on the Website, you grant (or warrant that
the owner of such rights has expressly granted) BusRadio a perpetual, royalty-free,
irrevocable, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from and distribute such materials
and/or information generated through use of the Website or incorporate such
materials and/or information generated through use of the Website into any
form, medium, or technology now known or later developed throughout the
universe.
Linking
You may provide links only to the homepage of this Website, provided (a) you do
not remove or obscure, by framing or otherwise, any portion of the homepage,
(b) you give BusRadio notice of such link by sending an e-mail to
webmaster@busradio.com and (c) you discontinue providing links to this Website
if requested by BusRadio. If you wish to provide links to a section within the
Website, you should forward your request to BusRadio at webmaster@busradio.com
and BusRadio will notify you if permission is granted, and, if so, the terms
and conditions of the permission.
Warranty, Liability, Indemnification
BusRadio makes no representations regarding the availability and performance of
its Website. You hereby acknowledge that any use of the Website and reliance
upon any Materials shall be at your sole risk and that BusRadio shall not be
liable for any loss of data, lost profits or any other damages or losses
resulting from such use.
THE WEBSITE AND THE MATERIALS ARE PROVIDED BY BUSRADIO ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BUSRADIO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE OR ANY MATERIALS.
IN NO EVENT SHALL BUSRADIO BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. BUSRADIO SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
BusRadio reserves the right to revise Materials on the Website and/or to modify any features, specifications, or materials without notice.
Registration
Certain sections of this Website require you to register. If registration is
requested, you agree to provide accurate, complete registration information. It
is your responsibility to make any changes to that information. Each
registration is for a single person only, unless specifically designated
otherwise on the registration page. BusRadio.com is a web site designed
primarily for use by kids aged 7-17. Posing as a child on the site is strictly
prohibited and will result in the deletion of your account and potential legal
action. BusRadio does not permit any other person using the registered sections
under your user name. You are responsible for preventing such unauthorized use.
If you believe there has been unauthorized use, you should notify BusRadio
immediately by emailing webmaster@busradio.com.
Bus Rules
Miscellaneous
BusRadio reserves the right to investigate complaints or reported violations of
the Terms of Use and to take any action BusRadio deems appropriate including
but not limited to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any information
necessary or appropriate to such persons or entities relating to user profiles,
e-mail addresses, usage history, posted materials, IP addresses and traffic
information. BusRadio reserves the right to seek all remedies available at law
and in equity for violations of these Terms of Use, including but not limited
to the right to block access from a particular Internet address to the BusRadio
Website. These Terms of Use incorporate by reference any notices contained on
the Website and constitutes the entire agreement with respect to access to and
use of the Website. If any provision of these Terms of Use is unlawful, void or
unenforceable then that provision shall be deemed severable from the remaining
provisions and shall not affect their validity and enforceability. THESE TERMS
OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF MASSACHUSETTS, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY
PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL
JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN SUFFOLK
COUNTY, MASSACHUSETTS, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR
ACTION EXCEPT IN THE FOREGOING COURTS.