Terms of Use
June 19th, 2007
Acceptance Through Use. This website (the "Site") is operated by Bonneville International
Corporation, a Utah corporation that does business as ToastedRav.com, 92.3 WIL FM, WMVN MOViN 101.1 and 106-5 The ARCH WARH ("Operator"). By using the Site, you agree to be bound by all of the terms, conditions and notices contained or referenced herein (collectively, the "Terms of Use"). You should review the Terms of Use from time to time. Operator may change any of the Terms of Use at any time without notice by posting revisions to the Site. Your continued use of the Site constitutes your acceptance of the revised Terms of Use. If you do not accept all of the Terms of Use, you must exit the Site immediately.
No Use by Children. The Site is not directed to, or intended for use by, children (defined as
anyone age twelve (12) or younger). Children should not use the Site or submit any information to
Operator.
Privacy. You should review the
Privacy Statement posted elsewhere at the Site.
Links to Third Party Sites. The Site may contain links to websites operated by third parties.
Such links do not constitute or imply an endorsement of the linked site. The linked sites may
appear to be integrated into the Site, but are not under Operator's control. Operator is not
responsible for the operation or content of any linked site or subsequent links from that site.
The policies that govern the use of a linked site will differ from these Terms of Use. You should
review the policies of a linked site before making a decision to proceed to use that site.
User Submitted Content. By posting or submitting any content or other materials to the Site,
including, without limitation, any audio or video files or personal information (collectively,
"Your Content"), you affirm, represent and warrant that (1) you own or otherwise control all right,
title and interest in and to Your Content, including, without limitation, the copyright thereto,
(2) none of the material included in Your Content is defamatory, libelous, obscene or pornographic,
and (3) use of the Content as provided herein will not violate any legal rights (tangible or
intangible) of any third party. You hereby grant Operator and its designees a worldwide,
royalty-free, non-exclusive, transferable, sublicenseable license (the "License") to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit and prepare derivative works of Your Content in connection with the Site or the conduct
of Operator's business in any formats and through any media channels. Operator may monitor, edit
or delete Your Content as it appears on the Site at any time and for any or no reason without your
permission.
Indemnification. You agree to indemnify, defend, reimburse and hold harmless Operator, and each
parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent
of Operator, for, from and against any and all liabilities, claims and expenses of any type or
nature, including, without limitation, costs and attorneys' fees, that arise from the exercise of
the License set forth above or from your use of the Site.
Intellectual Property. You acknowledge that all content and materials available at the Site other
than Your Content (collectively, the "Content") are owned or controlled by Operator and protected
by national and international copyrights, trademarks, service marks, patents, patent registration
rights, trade secrets, know-how or other proprietary rights and laws. You may only use the Site
and the Content as expressly permitted herein and for no other purpose. You may download, print or
view individual pages at the Site for private, noncommercial use, provided you do not delete,
change or otherwise modify any of the Content, including, without limitation, any copyright or
trademark notices. Except as authorized by Operator in writing on a case by case basis, you will
not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works from any of the Content. The systematic
retrieval of any of the Content to create or compile, directly or indirectly, a collection,
compilation, database or directory without the written permission of Operator is prohibited.
Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks
or service marks and may not be used without permission. Operator's policy is to terminate the
online privileges of individuals who repeatedly violate the copyrights of others.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to federal copyright
law, if you believe copyrighted work is available at the Site in a way that constitutes copyright
infringement, please see the
Notice and Take Down materials posted elsewhere at the Site.
Disclaimer of Warranties. YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT (COLLECTIVELY, THE "SITE
MATERIALS"), ARE PROVIDED ON AN "AS IS/WHERE IS/AS AVAILABLE" BASIS. OTHER THAN THOSE WARRANTIES
THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE
MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY
OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM
FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL OPERATOR, OR ANY PARENT COMPANY, SUBSIDIARY,
AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF OPERATOR, BE LIABLE FOR
ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE
OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND YOUR
CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
International Use. The Site is intended for use by legal U.S. residents residing within the
geographic borders of the United States. If you choose to access the Site from any location other
than the United States, you accept full responsibility for compliance with the laws of the
jurisdiction where the access occurs. Operator makes no representation that the Site or the Site
Materials are appropriate or available for use in locations outside the United States. Accessing
the Site and/or using any of the Site Materials from any jurisdiction where such access and/or use
is illegal is prohibited.
Choice of Law. This Agreement shall, for all domestic and international purposes, be governed,
interpreted, construed and enforced solely and exclusively in accordance with the laws of the State
of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use
of the Site shall be filed only in the state or federal courts located in Salt Lake County, State
of Utah, and you further agree and submit to the exercise of personal jurisdiction of such courts
for the purpose of litigating any such claim or action.
Integration and Severability. The Terms of Use, along with the
Privacy Statement and the
Notice
and Take Down materials posted elsewhere at the Site, constitute the entire agreement between
Operator and you with respect to the Site and supersede all prior or contemporaneous communications
and proposals with respect to the Site. If any provision of the
Terms of Use, the
Privacy
Statement or the
Notice and Take Down materials are determined to be invalid or unenforceable, all
other provisions thereof shall remain in full force and effect.
Unauthorized Use and Termination. You agree to use the Site only for authorized and legal
activities. Operator reserves the right, in its sole discretion, to terminate your access to all
or part of the Site at any time and for any or no reason.
Contact Information. Questions concerning the Terms of Use or the Site should be directed to the
Webmaster.
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