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The following terms and conditions govern your use of the mytraveltunes.com website
(this “Site”) and constitute an agreement (“Agreement”) between you and WillPower. By
accessing or using this Site, you acknowledge that you have read and understand the terms
of this Agreement, and you agree to be bound by them. If you do not wish to be bound by this
Agreement, you should not access or use this Site.
WillPower may modify the terms of this Agreement at any time, and from time to time, by
posting the updated agreement containing any modifications to this Site. Unless otherwise
specified, any modifications or changes will be effective immediately upon posting them to
this Site. You are required to check the terms for any changes. Your use of this Site
following any such posting shall constitute your consent to be bound by the updated
agreement. If you do not agree to be bound by the updated agreement, you must discontinue
using this Site.
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1. Limited License
a. Permitted Use. WillPower grants you a revocable,
nonexclusive, nonsublicensable license to access and use this Site for your own
informational, personal and non-commercial use, subject to this Agreement.
b. Prohibited Use. You may not use this Site for any
illegal purposes or for any purpose that WillPower in its sole discretion determines is
improper. Downloading (other than page caching) or modifying any portion of this Site is
prohibited. This Site or any content contained on it may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the
express written consent of WillPower. Framing or use or framing techniques to enclose
any trademark, logo, or other proprietary information, including databases images, text,
page layout, or form, of WillPower is prohibited. Use of data mining, robots, or similar
data gathering and extraction tools is prohibited. Use any meta tags or any other “hidden
text” utilization of any WillPower Marks (defined below) without the express written
consent of WillPower is prohibited.
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2. Use of Interactive Areas
Reviews of radio stations, services, experiences, data, information, text, music,
graphics, code or any other material posted to the Site by you or third parties is referred
to as “User Content.” This Site contains discussion forums, bulletin boards, review
services or other forums (“Interactive Areas”) in which you or third parties may post
User Content. You expressly agree not to post, upload, transmit, distribute, store, create
or otherwise publish through this Site any of the following:
a. Any User Content that is unlawful, libelous, defamatory,
obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights,
fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide
instructions for a criminal offense, violate the rights of any party, or that would otherwise
violate any local, state, national or international law, regulation or rule;
c. User Content that impersonates any person or entity or
otherwise misrepresents your affiliation with a person or entity;
d. Unsolicited promotions, political campaigning, advertising or
solicitations; or
e. Private information of any third party, including, without
limitation, addresses, phone numbers, email addresses, Social Security numbers and credit
card numbers.
You assume full responsibility for the risks associated with using
such Interactive Areas. WillPower takes no responsibility and assumes no liability associated
with User Content that is posted by you or any third party. WillPower is not liable for any
mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or
profanity or any for any statements, representations you may encounter in any Interactive
Areas, personal home page or otherwise on this Site.
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3. Ownership of Website Content
a. General. Except as otherwise indicated, this Site, and
all materials contained on this Site, including text, data, images, icons, marks, logos,
designs, graphics, pictures, information, data, software, sound files, User Content and the
selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary
property of WillPower or its licensors and are protected by U.S. and international
intellectual property laws.
b. User Content. All User Content on this Site, other than
personally identifiable information such as name and address, and any derivations thereof, is
owned by and the property of WillPower. By posting information on this Site you:(a) transfer
any rights you have in the User Content to WillPower; (b) grant WillPower and sublicensees
the right, but not the obligation, to use the name that you submit in connection with such
User Content; and (c) represent and warrant that (i) the User Content is your original work
and that you own and have the right to post or otherwise distribute it; and (ii) such
User Content is complete, accurate and not misleading. WillPower has the right to use
the User Content as it deems appropriate in its sole discretion, including, without
limitation, deleting, removing, editing, modifying, rejecting, or refusing to post it.
You submit all User Content for free and WillPower is under no obligation to pay you for
User Content that you submit or for any use of the User Content or the name you submit
in connection with the User Content. WillPower may, but is not obligated, to attribute
authorship of User Content to you or to enforce any form of attribution by third parties.
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4. Trademarks
The trademarks, trade names, logos, and service marks displayed on this Site,
including, but not limited to, MyTravelTunes.com, and the names of any and all WillPower
services and products referenced on this Site (collectively, “Marks”), are either WillPower
property, the property of its affiliates and/or the property of third-parties. You are
prohibited from copying or using any Marks.
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5. Third-Party Materials.
a. Linked websites, advertisements, User Content submitted by other users and
other third-party materials or information that you access on or from this Site, (collectively,
“Third-Party Materials”) are not owned or controlled by WillPower. WillPower does not review
Third-Party Materials for accuracy or completeness and is not responsible or liable for any
Third-Party Materials. The inclusion of any Third-Party Materials on this Site does not
imply WillPower endorsement of the Third-Party Materials or the parties providing the same.
b. THIS SITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS
OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. WILLPOWER DOES NOT REPRESENT OR ENDORSE THE
ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR
OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE
THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS, OR INFORMATION WILL BE AT
YOUR SOLE RISK. FURTHERMORE, WILLPOWER DOES NOT WARRANT, GUARANTEE OR MAKE ANY
REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY
MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ANY THIRD-PARTY REFERENCED ON THIS
SITE.
c. THE MATERIALS CONTAINED ON THIS SITE, INCLUDING ALL THIRD-PARTY CONSENT, AND
THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WILLPOWER EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE
SERVICES, INFORMATION, USER CONTENT AND MATERIALS ON THIS SITE. WILLPOWER DOES NOT REPRESENT
OR WARRANT THAT MATERIALS IN THIS SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE
ACCURACY OR PROPRIETARY CHARACTER OF THIS SITE, THIS SITE MATERIALS OR ANY PORTION THEREOF.
WILLPOWER DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
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6. Copyright Infringement Policy.
a. Notices. If you believe in good faith that materials
posted on this Site infringe your copyrighted material, please provide us with written notice
of such infringement. Notices of claims of copyright infringement must be emailed to
support@mytraveltunes.com or mailed to
WillPower, 5581 Lochcrest Circle, Canandaigua, NY 14424.
Your notice must contain the following information:
i. A clear identification of the copyrighted work
you claim was infringed.
ii. A clear identification of the material you claim
is infringing the copyrighted work, and information that will allow us to locate that material
on the Website, such as a link to the infringing material.
iii. Your contact information so that we can reply to
your complaint, preferably including an email address and telephone number.
iv. Include the following statement: “I have a good
faith belief that the material that is claimed as copyright infringement is not authorized by
the copyright owner, its agent, or the law.”
v. Include the following statement: “I swear, under
penalty of perjury, that the information in the notification is accurate and I am the
copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that
is allegedly infringed.”
vi. The notice must be signed by the person authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Repeat Infringer Policy. WillPower will terminate, in appropriate
circumstances and at WillPower’s sole discretion, subscribers or account holders who we
believe, in our sole discretion, repeatedly infringe the copyrights of others. WillPower may
also at its sole discretion limit access to this Site and/or terminate the accounts of any
users who infringe any intellectual property rights of others, whether or not repeat
infringement exist.
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7. Registration Data; Account Security.
You agree to (a) provide accurate, current and complete information about you as
may be prompted by any registration forms on this Site (“Registration Data”); (b) maintain
the security of your password; (c) maintain and promptly update the Registration Data, and
any other information you provide to WillPower, and to keep it accurate, current and
complete; and (d) accept all risks of unauthorized access to the Registration Data and
any other information you provide to WillPower.
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8. Pricing Terms and Conditions.
While WillPower does not charge service fees for general use of this Site at this
time, it reserves the right to do so at any time by providing notice to you. Please refer to
WillPower’s Pricing Terms and Conditions, accessible via the home page of this Site, for
terms, conditions and policies regarding pricing information for specific products and
services. The Pricing Terms and Conditions are, by this reference, incorporated into this
Agreement.
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9. Disclaimer.
WILLPOWER EXPRESSLY DISCLAIMS LIABILITY ARISING FROM (A) YOUR USE OF OR RELIANCE
ON THIS SITE OR THE INFORMATION CONTAINED HEREIN AS A MEDICAL REFERENCE SOURCE, (B) ANY
ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY THIRD PARTY PROVIDER, PARTNER OR AFFILIATE
FEATURED ON THIS WEB SITE, OR (C) ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM
YOUR USE THEREOF.
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10. Limitation Of Liability.
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE
WHATSOEVER AGAINST WILLPOWER, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THIS SITE, THE
SERVICES, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE,
INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT
OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE MATERIALS, OR ALLEGATIONS THAT WILLPOWER
HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR
ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THIS SITE. YOU USE THIS SITE AT
YOUR OWN RISK.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER WILLPOWER NOR ANY PARTIES PROVIDING
SITE MATERIALS SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR
ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THIS SITE, THE SERVICES, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE
THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR
RELIANCE ON ANY SITE MATERIALS OR OTHER INFORMATION OBTAINED FROM WILLPOWER OR ACCESSIBLE
VIA THIS SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF
FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO WILLPOWER’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WILLPOWER ARISING OUT OF OR RELATING
TO THE USE OF THIS SITE OR AGREEMENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO WILLPOWER
FOR ACCESS TO OR USE OF THIS SITE.
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11. Applicable Law and Venue
By using or accessing this Site, you expressly agree that all disputes, claims or
other matters arising from or relating to your use of this Site will be governed by the laws
of the State of New York, without regard to its conflicts of law principles. You agree that
all claims you may have against WillPower arising from or relating to this Site will be heard
and resolved in a court of competent subject matter jurisdiction located in Ontario or
Monroe County, New York. You consent to the personal jurisdiction of such courts over you,
stipulate to the fairness and convenience of proceeding in such courts, and covenant not to
assert any objection to proceeding in such courts.
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12. Termination; Modification of License and Site Offerings
Notwithstanding any provision of this Agreement, WillPower reserves the right,
without notice and in its sole discretion, without any notice or liability to you, to (a)
terminate your license to access or use this Site, or any portion thereof; (b) block or
prevent your future access to and use of all or any portion of this Site, Site Materials,
User Content or services; (c) change, suspend or discontinue any aspect of this Site,
Site Materials, User Content or services; and (d) impose limits on this Site, Site Materials,
User Content or services.
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13. Severability.
If any provision of this Agreement shall be deemed unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from this Agreement and
shall not affect the validity and enforceability of any remaining provisions.
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14. Questions and Comments.
If you have any questions regarding this Agreement or your use of this Site,
please submit them to us at support@mytraveltunes.com.
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