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Terms of Use

http://www.q106rocks.com/ contains material that is protected by copyright, trademark and other intellectual property laws. Unless otherwise specified, the Site and all content on the Site are intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site except as provided in this Terms of Use. You may download material from the Site and may use the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not republish any content from the Site, distribute any content to others, modify, sell or otherwise use the content or decompile, reverse engineer or disassemble any software or other products or processes accessible at the Site. Your license to use the Site is contingent upon your compliance with these Terms of Use.

You agree to use the Site in accordance with these Terms of Use. Accessing the Site, in any manner, for the purpose of obtaining information, technical or otherwise, constitutes use of the Site such that these Terms of Use bind the party accessing the Site. Q106 Rocks! may need to change these Terms of Use or impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on the Site. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by Q106 Rocks!. However, you may not, without the prior written permission of Q106 Rocks!, frame any of the content of the Site, or incorporate into another website any material from the Site.

LICENSE TO http://www.q106rocks.com/

By posting messages, uploading files, or otherwise providing any material for display on the Site, you are representing that you are the owner of the material, or are making your submission with the consent of the owner of the material, all information you provide is true, accurate, current and complete and does not violate these Terms of Use. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Site, you are granting Q106 Rocks! a perpetual, irrevocable, royalty-free, non-exclusive, worldwide license, with the right to use, copy, sublicense, modify, adapt, transmit, distribute, publicly perform or display such material. The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws in any jurisdiction. All rights in this paragraph are granted without compensation of any sort to you.

Weather information on Q106 Rocks! is provided by the National Weather Service, is in the public domain and is not covered by copyright protection. Q106 Rocks! and its advertisers are not endorsed by or affiliated with the National Weather Service.

DISCLAIMERS AND LIMITATION OF LIABILITY

The Site include links and pointers to Internet Site, content and services provided by third parties. Q106 Rocks!’s linking to any third party Site does not imply an endorsement or sponsorship of such Site or the information, products or services offered on or through the Site. In addition, Q106 Rocks! does not operate or control in any respect any information, products or services that third parties may provide on or through the Site or on web Site linked to by Q106 Rocks!.

USE OF THE SITE IS AT YOUR OWN RISK. THE MATERIALS, INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Q106 Rocks! DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Q106 Rocks! DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE SERVICES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. Q106 Rocks! DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THE SITE OR ON THIRD-PARTY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. Q106 Rocks! ASSUMES NO LIABILITY FOR THE CONTENT OF THE SITE, DOES NOT REPRESENT OR WARRANT THAT USE OF THE CONTENT WILL NOT INFRINGE RIGHTS OF THIRD PARTIES AND Q106 Rocks! HAS NO RESPONSIBILITY OR LIABILITY OF ACTIONS OF THIRD PARTIES OR FOR CONTENT PROVIDED BY OTHERS. IN NO EVENT SHALL Q106 Rocks!, ITS AFFILIATES EMPLOYEES, AGENTS OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY AMOUNT OF DIRECT DAMAGES IN EXCESS OF $100. (Since some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of Q106 Rocks! is limited to the fullest extent permitted by such state law.)

The Site may contain facts, views, opinions, statements and recommendations of third party individuals and organizations. Q106 Rocks! does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information on the Site and use of or reliance on such advice, opinion, statement or other information is at your own risk.

ONLINE COMMERCE

Q106 Rocks! may allow you to purchase many different types of products and services online that are provided by third parties. Q106 Rocks! is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or Site linked to by Q106 Rocks!, the information obtained during your visit to that merchant's online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. Q106 Rocks! has no responsibility or liability for these independent practices. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant's home page and click on its information links or contact the merchant directly. You release Q106 Rocks! and its partners, affiliates, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and content providers from any damages that you incur, and agree not to assert any claims against them arising from or relating to your purchase or use of any products or services made available by third parties through Q106 Rocks!.

When you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal information to Q106 Rocks! or a merchant, you represent that you have obtained the express consent of such third party to provide such third party's personal information.

INTERACTIVE FEATURES

The Site may include a variety of features, such as bulletin boards, chat rooms, and email services, that allow feedback to Q106 Rocks! and real-time interaction between users and other features, such as personalized homes pages and e-mail services, that allow users to communicate with others. You are responsible for material that you post on bulletin boards, chat rooms and other public posting areas on the Site. Q106 Rocks! does not control or routinely review the messages, information or files that others may provide through the Site. It is a condition of your use of the Site that you do not:

  • Restrict or inhibit any other user from using and enjoying the Site.
  • Post or transmit any unlawful, threatening, abusive, libelous, fraudulent, false, defamatory, discriminatory, obscene, vulgar, hateful, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
  • Post or transmit any information, software or other material that contains a virus or other harmful component.
  • Post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of Q106 Rocks!.
  • Gather for the purpose of spamming, phishing or password harvesting email addresses that have been posted by other users of the Site.
  • Use or attempt to use another person’s account, password or services.
  • Disrupt, interfere with or otherwise violate the security of the Site or any services, accounts, passwords, servers or networks related to the Site.
  • Send repeated messages to another user or repeat postings of the same message under the same or multiple subjects.

A VIOLATION OF THE FOREGOING MAY BE REFERRED TO LAW ENFORCEMENT

You understand that Q106 Rocks! has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Site through which users can supply information or material. Q106 Rocks! reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Q106 Rocks!’s sole discretion are objectionable or in violation of these Terms of Use.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Q106 Rocks! AND ITS PARTNERS, AFFILIATES, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS AND CONTENT PROVIDERS FROM ANY AND ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT, AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, ARISING FROM OR RELATING TO 1) CONTENT OR INFORMATION YOU PROVIDE; 2) Q106 Rocks!'S USE OF INFORMATION YOU PROVIDE; 3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR PASSWORD ACCOUNT, EVEN IF NOT POSTED OR TRANSMITTED BY YOU; AND 4) ANY VIOLATION OF THIS TERMS OF USE BY YOU.

TERMINATION

Q106 Rocks! may terminate or restrict your use of the Site or any part of the Site at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the Site affected by such termination or restriction.

MISCELLANEOUS

This Terms of Use constitutes the entire agreement between Q106 Rocks! and you with respect to the subject matter contained in this Terms of Use and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any of its conflicts of law provisions. You agree that any cause of action relating to your use of the Site must be filed in the state or federal courts located in Quincy, Illinois. Q106 Rocks! may transfer its rights and obligations under the Terms of Use at any time without notice. If any provision of these Terms of Use shall be held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Any failure of Q106 Rocks! to enforce or exercise any provision of these Terms of Use shall not constitute a waiver of that right or provision. In the event of termination of these Terms of Use for any reason, the provisions entitled License To Q106 Rocks!, Disclaimers And Limitation Of Liability, Indemnification, Interactive Features, and other provisions for which survival is equitable or appropriate, shall survive.

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