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UNEO MEDIA

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Terms of Use

Introduction; Consent to Terms

Please read these Terms of Use before using UNEOMEDIA.com, UNEO MEDIA’s mobile sites and applications, any other UNEO MEDIA affiliated sites, applications, platforms or services, or any features of these sites, applications, platforms, and services, including, but not limited to, content feeds, content accessed through UNEO MEDIA’s application programming interfaces (“APIs”), including any accompanying headlines, links or metadata (“API Content”), podcasts, media players, tools, widgets, social networking features, forums and discussions, and the UNEO MEDIA Shop (collectively, the “UNEO MEDIA Services”). By using any of the UNEO MEDIA Services, you agree to be bound by these Terms of Use and UNEO MEDIA’s Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit the UNEO MEDIA Services and do not use the UNEO MEDIA Services or any of their features. We reserve the right, at our discretion, to modify, add or delete portions of these Terms of Use or the Privacy Policy at any time by posting updated Terms of Use or an updated Privacy Policy on the UNEO MEDIA Services. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of any of the UNEO MEDIA Services following the posting of updated Terms of Use or an updated Privacy Policy means that you agree to those changes.

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing the sites, applications, platforms and services of UNEO MEDIA’s member stations, and other sites, applications, platforms and services that may link to or from the UNEO MEDIA Services.

Copyrights

The contents of the UNEO MEDIA Services are protected by U.S. and international copyright laws. The contents of the UNEO MEDIA Services are owned by or licensed to UNEO MEDIA LLC or UNEO MEDIA’s partner sites and other producers or providers of programs or other content to UNEO MEDIA (“Content Providers”). In the case of User Materials (as defined in the “User Materials” section of these Terms of Use), the contents are licensed to UNEO MEDIA LLC by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the UNEO MEDIA Services without the prior written consent of UNEO MEDIA, except as provided in these Terms of Use. All rights not expressly granted in these Terms of Use are reserved to UNEO MEDIA LLC.

You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests UNEO MEDIA promotes or endorses your, or any third party’s, causes, ideas, products, sites, applications, platforms or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on the UNEO MEDIA Services that allow selected User Materials to appear on your personal, noncommercial site, blog, application, platform or service, subject to the conditions in the preceding sentence.

You may use the content feeds, APIs, podcasts, media players, and other features of the UNEO MEDIA Services, and content accessed therefrom, only as expressly permitted in these Terms of Use. To request permission for any other use of UNEO MEDIA content or the UNEO MEDIA Services, visit our permissions page.

Trademarks

UNEO MEDIA LLC, UNEO MEDIA®, UNEOMEDIA®, UNEO MEDIA program names and logos, affiliated websites, program names and logos, and Content Provider names, program names and logos, are trademarks or service marks (“marks”) of UNEO MEDIA LLC, its member stations or the Content Providers. All rights in these marks are reserved by their respective owners. You may not use any UNEO MEDIA-provided marks or other logos or graphics, without UNEO MEDIA’s prior written consent, except that you have a license, and have an obligation, to use any UNEO MEDIA, UNEO MEDIA member station or other Content Provider mark or logo included in, or required to be used in connection with, API Content, content feeds, podcasts, UNEO MEDIA’s Media Player, or other functionalities of the UNEO MEDIA Services, subject to the requirements set forth in these Terms of Use for the use of the API Content, content feeds, podcasts, media players, or other functionalities of the UNEO MEDIA Services.

User Materials

Users of the UNEO MEDIA Services may post, upload, transmit and otherwise submit (“Submit”) comments, messages, recommendations, photos, images, story ideas, essays and other content and materials (“User Materials”) on or through the social networking features, forums, discussions, Contact Us page, and other features of the UNEO MEDIA Services. You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties, and the Internet, and may be viewed by UNEO MEDIA staff and on the UNEO MEDIA Services by the general public. You acknowledge that the UNEO MEDIA Services, including the social networking features, forums, discussions, Contact Us page and other features of the UNEO MEDIA Services, are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for review. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the UNEO MEDIA Services. However, by submitting User Materials on or through the UNEO MEDIA Services, you grant UNEO MEDIA, UNEO MEDIA member stations, other Content Providers and their respective licensees a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats, channels or platforms, whether now known or hereafter devised, including, the UNEO MEDIA Services, UNEO MEDIA member station sites, applications, platforms and services, third-party licensee sites, applications, platforms and services, over the air (on radio or television), and other applications and services, without payment and without further notice to you or request for consent. You further grant UNEO MEDIA, its member stations, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, when you Submit any User Materials, you grant each user of the UNEO MEDIA Services, UNEO MEDIA member stations’ sites, applications, platforms and services, and other Content Providers’ sites, applications, platforms and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the UNEO MEDIA Services and UNEO MEDIA member stations’ sites, applications, platforms and services and other Content Providers’ sites, applications, platforms and services, to use your User Materials pursuant to these Terms of Use and the terms of use of the member stations and other Content Providers, and as permitted by the functionality of the UNEO MEDIA Services, the member station sites, applications, platforms and services, and the other Content Providers’ sites, applications, platforms and services (such as through widgets, tools and API Content distribution).

For any User Materials you Submit on or through the UNEO MEDIA Services, you agree to abide by the “Rules of Use for the Service” set forth below, the Community Discussion Rules as they may be updated from time to time (for User Materials Submitted through social networking features, forums or discussions, or in response to an UNEO MEDIA blog), and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.

Framing

UNEO MEDIA does not allow framing of the UNEO MEDIA Services.

Links to the UNEO MEDIA Services

UNEO MEDIA is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and in appearance. Therefore, although UNEO MEDIA encourages and permits links to content on the UNEO MEDIA Services, the linking should not suggest that UNEO MEDIA promotes or endorses any third party’s causes, ideas, sites, products or services, or use UNEO MEDIA content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third-Party Sites, Applications, Platforms and Services

The UNEO MEDIA Services contain links to sites, applications, platforms and services maintained by third parties over which UNEO MEDIA has no control. UNEO MEDIA does not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and UNEO MEDIA is not responsible or liable for the content, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites, applications, platforms and services. UNEO MEDIA 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 use of or reliance on any such content, products or services available on or through such sites, applications, platforms and services.

In some cases, the UNEO MEDIA Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third-party tools if you agree to their respective terms and policies.

The UNEO MEDIA Services include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, or Disqus. Please be aware that third-party services are unrelated to UNEO MEDIA, and that your use of any third-party services is subject to the terms and policies of those services.

Content Feeds

UNEO MEDIA provides RSS feeds at www.UNEOMEDIA.com/rss/, and provides or may provide other content feeds on or through the UNEO MEDIA Services, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using RSS or other XML-based syndication technology (collectively, the “Content Feeds”). The Content Feeds are available for personal, noncommercial use or for noncommercial use on the site, blog or similar application of a nonprofit organization that is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code and is not a news, broadcast or multimedia organization (“501(c)(3) Nonprofit Corporation”). You may display, excerpt from, and link to the Content Feeds on your personal site, blog, or similar application for personal, noncommercial purposes or on your 501(c)(3) Nonprofit Corporation web site, blog, or similar application for noncommercial purposes, provided that (a) the links redirect the user to the UNEO MEDIA Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable UNEO MEDIA Services page, (c) the use or display does not suggest that UNEO MEDIA promotes or endorses any third-party causes, ideas, sites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal or 501(c)(3) Nonprofit Corporation site, blog or similar application, you may not redistribute the Content Feed and you must provide attribution to UNEO MEDIA or the relevant Content Provider adjacent to the Content Feed, by including “UNEO MEDIA News Headlines” or “UNEO MEDIA” or the name of the relevant Content Provider in text adjacent to the Content Feed. Any other use of UNEO MEDIA’s trademarks or service marks, the names or marks of any Content Provider, or the Content Feeds requires the prior written permission of UNEO MEDIA. For permission requests, please visit our permissions page. For use of the stories or other content that are linked to by the Content Feeds, please see the “Copyrights” section of these Terms of Use.

UNEO MEDIA may withdraw Content Feeds at any time. Upon the request of UNEO MEDIA, you shall promptly cease all use of, and remove from your site, blog or other applications or platforms, any Content Feeds identified by UNEO MEDIA.

API Content

UNEO MEDIA, in its discretion, enables registered users to access certain content, including audio, text, images and other content on the UNEO MEDIA Services, UNEO MEDIA partner sites, applications, platforms and services, and other Content Provider sites, applications, platforms and services through its APIs, as described at www.UNEOMEDIA.com/api. UNEO MEDIA currently limits registration to certain types of users. UNEO MEDIA has the right to establish further limits on registration, to stop registering new users, or to revoke registration at any time. Content accessed through the API is available to registered users only for the limited uses described in these Terms of Use.

If you have registered with UNEO MEDIA to access any UNEO MEDIA API by using a key or client secret provided by UNEO MEDIA, and if your registration has not been revoked, you may use the API Content for personal, non-commercial use, or for noncommercial online use by a 501(c)(3) Nonprofit Corporation (which is not a news, broadcast or multimedia organization), provided that:

(a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts, widgets, and applications, but excluding e-newsletters;

(b) all links to API Content redirect the user to the UNEO MEDIA Services or the UNEO MEDIA member station or other Content Provider sites, applications, platforms or services when the user clicks on them, and all audio must be streamed from the originating servers through direct links that redirect the user to the UNEO MEDIA or UNEO MEDIA member station or other Content Provider sites, applications, platforms or services;

(c) the date of all API Content is displayed with that content;

(d) your use or display of API Content must not suggest that UNEO MEDIA, its member stations or any Content Provider promotes or endorses you or any third party or the causes, ideas, sites, applications, platforms, products or services of you or any third party;

(e) you shall not modify, copy, translate, create a derivative work of, sell, distribute, or sublicense any API Content;

(f) you shall not use the API Content in any way that changes or distorts its fundamental meaning;

(g) you may not scrape, build databases, archive or store any API Content or keep cached copies of any API Content longer than permitted by the cache header, or enable the scraping, indexing, database building, archiving, storage, unpermitted caching or downloading of, any API Content by your end user or any third party;

(h) unless expressly permitted in writing by UNEO MEDIA, you may use only a limited amount of content from the API, and you may not re-create the UNEO MEDIA Services, UNEO MEDIA member station sites, applications, platforms or services or any Content Provider sites, applications, platforms or services, or any portion thereof;

(i) you may not insert any intermediate page, splash page or other content between the links and the applicable API Content source’s web page;

(j) you must provide attribution for the content source (UNEO MEDIA, UNEO MEDIA member station or other Content Provider), by including “UNEO MEDIA” or the name of the relevant API Content source in text in connection with the API Content, but not in the title of any publicly-available application, and provide a link back to the API Content source’s site;

(k) you will not remove, obscure or alter any copyright, trademark or other proprietary rights or notices, or falsify or delete any author attributions, legal notices or other labels of the origin or source of the API Content; and

(l) if you use API Content in an application pursuant to these terms, and if you make that application available to the public by means such as an app store, (i) you must not use “UNEO MEDIA, ” “UNEO MEDIA, ” any program name, or any UNEO MEDIA logo or UNEO MEDIA-provided images in the title or name of, or logo or icon for, the application, (ii) the description of the application provided in the app store or app market may include a reference to “UNEO MEDIA, ” “UNEO MEDIA, ” or any program name in a factual description of the content included in the app, provided that the description also notes that the application is not an official UNEO MEDIA application. Any other use of the API Content, UNEO MEDIA’s trademarks service marks, trade names, logos, domain names or other distinctive brand features (“Brand Features”) or the Brand Features of any API Content source requires the prior written permission of UNEO MEDIA. For permission requests, please visit our permissions page.

UNEO MEDIA may withdraw any or all API Content from the API at any time. Upon the request of UNEO MEDIA, you shall promptly cease all use of, and remove from your website(s) or other platforms, any API Content identified by UNEO MEDIA. UNEO MEDIA reserves the right to include or apply sponsorship to any API Content and to track usage of the API Content.

Podcasts

UNEO MEDIA provides podcasts consisting of audio content that is provided using an RSS feed and associated file so that the file may be downloaded and played from a user’s computer or mobile device. Podcasts are available only for personal, noncommercial use. You may download, copy and/or transfer a podcast to a computer or mobile device only for your personal, non-commercial use, provided that you do not modify the content. You also may link to podcasts from your site, blog, application, platform or service, as long as (a) the links redirect the user to the UNEO MEDIA Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable portion of the UNEO MEDIA Services, (c) the linking does not suggest that UNEO MEDIA promotes or endorses any third party’s causes, ideas, sites, applications, platforms, products or services, (d) you do not use UNEO MEDIA content for inappropriate commercial purposes, and (e) you provide attribution to UNEO MEDIA adjacent to the link.

UNEO MEDIA Mobile Services; High Data Usage Warning; Motor Vehicle Usage

UNEO MEDIA does not charge you for the use of its mobile sites, applications, platforms and services or any features of these sites, applications, platforms and services (“UNEO MEDIA Mobile Services”). Please check your wireless plan, however, because carrier data use charges or other fees may apply. You acknowledge that streaming media can result in high data usage and may lead to excess data charges. You must provide at your own expense the equipment and connections needed for you to use the UNEO MEDIA Mobile Services, and you agree that you are solely responsible for any costs you incur to access the UNEO MEDIA Mobile Services, including any excess data charges. You should keep in mind that the use of the UNEO MEDIA Mobile Services to send content to another person may result in wireless charges to both the sender and the receiver. You agree to obey all laws related to the operation of motor vehicles during use of the UNEO MEDIA Mobile Services.

Location Based Services

UNEO MEDIA collects geolocation data for purposes of offering relevant content, including content from nearby member stations. Geolocation data consists of general location information based on latitude and longitude (if the user has enabled location services for an application on the user’s mobile device), or based on the IP address of the user’s computer or mobile device. By using any of the UNEO MEDIA Services, you consent to UNEO MEDIA’s collection of this geolocation information.

UNEO MEDIA Media Player

UNEO MEDIA may from time to time make available an embeddable audio player or other media player for accessing content on the UNEO MEDIA Services (each an “UNEO MEDIA Media Player”). The UNEO MEDIA Media Player may be embedded or displayed on your site, blog, application, platform or service, provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links redirect the user to the UNEO MEDIA Services when the user clicks on them, and all content is streamed from the originating UNEO MEDIA servers; (c) you shall not add to, delete or modify any audio, video, headlines, text, links, or other content contained in the UNEO MEDIA Media Player; (d) you shall not delete or modify the UNEO MEDIA logos contained in the UNEO MEDIA Media Player; (e) your use or display of the UNEO MEDIA Media Player must not suggest that UNEO MEDIA, its member stations or any Content Provider promotes or endorses you or any third party or the causes, ideas, sites, products or services of you or any third party; (f) you shall not use the UNEO MEDIA Media Player in any way that changes or distorts the fundamental meaning of the content; (g) you shall not use the UNEO MEDIA Media Player for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity; (h) you may not insert any intermediate page, splash page, pre-roll advertising or sponsorship messages, post-roll advertising or sponsorship messages, or other content between the links contained within the UNEO MEDIA Media Player and the UNEO MEDIA Services; and (i) you shall not insert any advertising or sponsorship messages adjacent to the UNEO MEDIA Media Player or in any way that’s suggests that the advertisement or sponsorship supports or has been placed by UNEO MEDIA. Any other use of UNEO MEDIA’s marks, the UNEO MEDIA Media Player, or of any content contained within the UNEO MEDIA Media Player requires the prior written permission of UNEO MEDIA. For permission requests, please visit our permissions page. UNEO MEDIA may cease offering the UNEO MEDIA Media Player or withdraw any or all content from the UNEO MEDIA Media Player at any time in its discretion. Upon the request of UNEO MEDIA, you shall promptly cease all use of, and remove from your sites, blogs, applications, platforms and services, any and all uses of the UNEO MEDIA Media Player.

Rules for Use of the Service

By using the UNEO MEDIA Services, including by registering for the UNEO MEDIA Services, participating in UNEO MEDIA social networking features, forums and discussions, Submitting User Materials through the UNEO MEDIA Services, the Contact Us page or other means, using Content Feeds, API Content, or podcasts, or by using any other features of the UNEO MEDIA Services, you agree to the following rules:

You must be at least 18 years of age to submit any User Materials or personally-identifying information on or through the UNEO MEDIA Services, create a public profile, participate in any online contests, or place an order on the UNEO MEDIA Shop. If you are between the ages of 13 and 18, you may browse the UNEO MEDIA Services or register for email newsletters or other features of the UNEO MEDIA Services with the consent of your parent or guardian, so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under 13, we will remove that information from our database as soon as possible.

You may not submit any User Materials under a false name or a false email address. You may not impersonate another user or provide any false information about yourself.

You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third-party privacy rights, or that constitutes hate speech or a personal attack.

You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not plagiarize content or violate or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize UNEO MEDIA, UNEO MEDIA member stations, and users of the UNEO MEDIA Services (to the extent permitted by these Terms of Use) to use and distribute any User Materials.

The UNEO MEDIA Services can only be used for personal, non-commercial purposes. You may not submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the UNEO MEDIA Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.

You may not submit any software or other material which contains any virus, trap door, back door, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, adware, device or other features that may access, alter, delete, damage or disable any hardware, software, information or other property of UNEO MEDIA, UNEO MEDIA member stations, other Content Providers, or users of the UNEO MEDIA Services. You may not use the UNEO MEDIA Services to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or email addresses for the purpose of sending unsolicited email or other communications to other users of the UNEO MEDIA Services.

You may not interfere with or disrupt the integrity or performance of the UNEO MEDIA Services, any portion or contents thereof, or related systems or networks, or use the UNEO MEDIA Services in any way that degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to the UNEO MEDIA Services or related systems or networks.

By submitting any User Materials on or through the UNEO MEDIA Services, you grant to UNEO MEDIA, UNEO MEDIA member stations, and other Content Providers, their licensees, and users of these sites, applications, platforms and services (to the extent permitted by these Terms of Use) the licenses to use those User Materials specified in the “User Materials” section of these Terms of Use.

You are solely responsible for any User Materials submitted using your account. UNEO MEDIA does not and cannot review all User Materials submitted by you or others and is not responsible for any User Materials submitted by you or others on or through the UNEO MEDIA Services. However, UNEO MEDIA has the right (but not the obligation) to review, screen, delete, edit or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Community Discussion Rules (for User Materials Submitted through social networking features, forums or discussions), or these Terms of Use, or for any other reason, as determined in UNEO MEDIA’s sole discretion.

UNEO MEDIA is not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the UNEO MEDIA Services. UNEO MEDIA cannot verify the accuracy of statements that users make or place on or through the UNEO MEDIA Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service, the Community Discussion Rules (for User Materials Submitted through social networking features, forums or discussions ), or these Terms of Use.

You acknowledge that UNEO MEDIA has the right to limit or terminate your, or any other person’s, access to or registration in the UNEO MEDIA Services for any reason, in its sole discretion, including violation of these Terms of Use.

Representations; Indemnity

You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the UNEO MEDIA Services, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the UNEO MEDIA Services that may be necessary for their use as contemplated by the UNEO MEDIA Services and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the UNEO MEDIA Services and these Terms of Use, (d) the User Materials, and their use by UNEO MEDIA, UNEO MEDIA member stations, their licensees, and users of the UNEO MEDIA Services and UNEO MEDIA member station sites, applications, platforms and services (pursuant to these Terms of Use and the terms of use of member station sites) does not and will not libel any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate the Community Discussion Rules (for User Materials Submitted through social networking features, forums or discussions ) or these Terms of Use, and (e) your use of the UNEO MEDIA Services complies with these Terms of Use. You agree that you will indemnify and hold harmless UNEO MEDIA, its member stations, and Content Providers and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the UNEO MEDIA Services, (3) the User Materials you have Submitted on or through the UNEO MEDIA Services, or (4) UNEO MEDIA’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by UNEO MEDIA member stations, Content Providers, licensees, or users of the UNEO MEDIA Services.

Disclaimer

THE UNEO MEDIA SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE UNEO MEDIA SERVICES ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNEO MEDIA DOES NOT WARRANT THAT THE UNEO MEDIA SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. UNEO MEDIA DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE UNEO MEDIA SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE UNEO MEDIA SERVICES OR THROUGH LINKS ON THE UNEO MEDIA SERVICES. USE OF THE UNEO MEDIA SERVICES IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON THE UNEO MEDIA SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE UNEO MEDIA SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE UNEO MEDIA SERVICES.

LIMITATION OF LIABILITY

IN NO EVENT WILL UNEO MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD- PARTY PROGRAM PRODUCERS AND CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE UNEO MEDIA SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE UNEO MEDIA SERVICES, OR (C) IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL UNEO MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change UNEO MEDIA Services

UNEO MEDIA reserves the right to change, terminate or suspend the UNEO MEDIA Services, any features of the UNEO MEDIA Services (including, but not limited to, Content Feeds, API Content, podcasts, and the UNEO MEDIA Media Player), and any content or materials contained in the UNEO MEDIA Services, in any way, at any time and for any reason or no reason. UNEO MEDIA also has the right to require you to cease accessing any features, content or materials of the UNEO MEDIA Services.

Online Shopping

In the event a product available on or through the UNEO MEDIA Shop is listed at an incorrect price or with incorrect information, UNEO MEDIA will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation neither signifies UNEO MEDIA’s acceptance of your order, nor constitutes confirmation of UNEO MEDIA’s offer to sell. UNEO MEDIA reserves the right at any time after receipt of your order to accept or decline your order for any reason. UNEO MEDIA may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales or other taxes, on orders shipped to you.

Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent

UNEO MEDIA respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the UNEO MEDIA Services, please provide the following information in writing to UNEO MEDIA’s Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
  • a description of the copyrighted work that you claim has been infringed.
  • a description of the material that you claim 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 sufficient to permit us to locate the material.
  • information so that we can contact you, such as address, telephone number and email address.
  • a statement that you have 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.
  • a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or Submitted to the UNEO MEDIA Services, that were subsequently removed from the UNEO MEDIA Services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to UNEO MEDIA’s Copyright Agent (see 17 U.S.C. § 512(g) for further detail):

  • your physical or electronic signature.
  • a description of the materials that have 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 under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

UNEO MEDIA’s Copyright Agent can be reached as follows:

Please use our contact form.

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the UNEO MEDIA Services, please contact UNEO MEDIA through our contact page.

International Users

The UNEO MEDIA Services are controlled and operated within the United States. UNEO MEDIA makes no representation that content, materials or products available on or through the UNEO MEDIA Services are appropriate or available for use outside of the United States. If you access the UNEO MEDIA Services from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Attributions & Third-Party Notices

Certain third-party content made available through the UNEO MEDIA Services may be subject to other terms. Where applicable, the following provisions may apply:

Third-Party. For terms applicable specifically to Third-Party content made available on the UNEO MEDIA Services, see the Third-Party Notice on their respective websites.

Miscellaneous

These Terms of Use, together with the Privacy Policy and Community Discussion Rules, represent the entire understanding of the parties regarding the use of the UNEO MEDIA Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the UNEO MEDIA Services. These Terms of Use are separate and distinct from the terms of use governing the sites, applications, platforms and services of UNEO MEDIA’s member stations, and the sites, applications, platforms and services that may link to or from the UNEO MEDIA Services. These Terms of Use are governed by and construed under California law, without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the UNEO MEDIA Services shall be litigated in the local or federal courts located in the California, and you hereby consent to personal jurisdiction and venue in the California. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.

Questions

If you have any questions about these Terms of Use, please contact UNEO MEDIA.

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