This site is owned or managed by Denver Radio
Company L.L.C. (D.R.C) and is part of the D.R.C. family of companies, which
includes other broadcast and Internet radio stations.
D.R.C. provides this website and related services for your personal
non-commercial use only and subject to
your compliance with this Terms of Use Agreement (the “Agreement”). Please read
this Agreement carefully before using this website. Your use of this website
constitutes your acceptance to be bound by this Agreement without limitation,
qualification or change. If at any time you do not accept all the terms and
conditions of this Agreement, you must immediately discontinue use of this website.
This Agreement sets forth D.R.C.’s policies with respect to its operation of
the D.R.C. websites. Other policies govern D.R.C.’s non-Internet operations.
Certain products or services offered by this and/or other D.R.C. websites (each
a “D.R.C. Internet Service,” and collectively “D.R.C. Internet Services”), and
certain areas within this and/or other D.R.C. websites may be governed by
additional terms (“Additional Terms”) presented in conjunction with those
products or services. You must agree to these Additional Terms before using
those areas or D.R.C. Internet Services. The Additional Terms and this
Agreement shall apply equally. In the event of an irreconcilable inconsistency
between the Additional Terms and this Agreement, the Additional Terms shall
control.
YOU MAY NOT USE ANY D.R.C. WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR
PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR
ACCESS TO ANY D.R.C. WEBSITE MAY BE TERMINATED IMMEDIATELY IN D.R.C.’S SOLE
DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS
OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO
REASON.
Some parts of this D.R.C. website may contain adult content intended for people
who are at least 18 years old. By viewing this adult content, you are
representing that you are at least 18 years old and that the content is
acceptable to you. Filtering software is commercially available which can be
used to exclude content that is not acceptable to you. This software may
prevent the display of all or portions of the D.R.C. website content.
Changes to this Agreement
This Agreement is effective as of May 1, 2008. D.R.C. reserves the right, in
its sole discretion, to modify, alter, or otherwise change this Agreement
and/or the Additional Terms at any time. D.R.C. will provide notice of such
change on this D.R.C. website. Please review this Agreement and/or Additional
Terms periodically for changes. Your continued use of the D.R.C. website and/or
D.R.C. Internet Service constitutes your acceptance and agreement to be bound
by these changes without limitation, qualification or change. If at any time
you do not accept these changes, you must immediately discontinue use of this D.R.C.
website and/or the D.R.C. Internet Service to which the changes may apply.
Privacy and Protection of Personal Information
D.R.C. has developed a Privacy Statement in order to inform you of its practices with
respect to the collection, use, and disclosure of personal information. You can
find this Statement by clicking here.
Accounts, Security, Passwords
If a particular D.R.C. website or D.R.C. Internet Service requires you to open
an account, you must complete the specified registration process by providing
us with current, complete, and accurate information as requested by the
applicable online registration form. It is your responsibility to maintain the
currency, completeness, and accuracy of your registration data and any loss
caused by your failure to do so is your responsibility. As you complete the
registration form, you may be asked to choose a password and a user name. It is
entirely your responsibility to maintain the confidentiality of your password
and account. Additionally, you are entirely responsible for any and all
activities that occur under your account. You agree to notify D.R.C.
immediately of any unauthorized use of your account. D.R.C. is not liable for
any loss that you may incur as a result of someone else using your password or
account, either with or without your knowledge. You may cancel your account by
delivering notice in the manner provided in the Additional Terms governing the
particular D.R.C. Internet Service.
Fees
Except where otherwise provided, access to and use of this D.R.C. website and the D.R.C.
Internet Services offered through this site are currently available without
charge. D.R.C. reserves the right to charge a fee for access to or use of this D.R.C.
website, or any D.R.C. Internet Service available on this D.R.C. website at any
time in the future. Your access to or use of this D.R.C. website before such
time does not entitle you to use of this D.R.C. website without charge in the
future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR
THROUGH THIS D.R.C. WEBSITE AND/OR D.R.C. INTERACTIVE SERVICE IS AT YOUR OWN
RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT
AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS D.R.C. WEBSITE
OR D.R.C. INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE”
BASIS. D.R.C. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION,
CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, D.R.C. DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT,
TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. D.R.C. DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS D.R.C. WEBSITE WILL OPERATE
ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE
AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. D.R.C.
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY,
AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL
OF ANY KIND CONTAINED WITHIN THIS D.R.C. WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE,
PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
D.R.C. IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR D.R.C. INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links
This D.R.C.
Website may contain links to websites operated by third parties. D.R.C. does
not monitor or control the linked sites and makes no representations regarding,
and is not liable or responsible for the accuracy, completeness, timeliness,
reliability or availability of, any of the content uploaded, displayed, or
distributed, or products, or services available at these sites. If you choose
to access any third party site, you do so at your own risk. The presence of a
link to a third-party site does not constitute or imply D.R.C.'s endorsement,
sponsorship, or recommendation of the third party or of the content, products,
or services contained on, or available through, the site.
Software And Downloads Available Through This Website
Any software that is made available to view and/ or download in connection with
a D.R.C. Internet Service ("Software"), including podcasts, audio
streaming, or video streaming, is owned or controlled by D.R.C. and/or
licensors, affiliates and suppliers and is protected by copyright laws and
international treaty provisions. Your use of the software is limited to
private, non-commercial use and is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software. D.R.C.
accepts no responsibility or liability in connection with any software owned or
controlled by third parties.
Third-Party Merchants
This D.R.C. Website may enable you to order and receive products, information
and services from businesses that are not owned or operated by D.R.C.. The
purchase, payment, warranty, guarantee, delivery, maintenance, and all other
matters concerning the merchandise, services or information, opinion or advice
ordered or received from such businesses are solely between you and such
businesses. D.R.C. does not endorse, warrant, or guarantee such products,
information, or services, and is not liable for the accuracy, completeness, or
usefulness of such information or the quality of availability of such products
or services. D.R.C. will not be a party to or in any way responsible for
monitoring any transaction between you and third-party providers of such
products, services, or information, or for ensuring the confidentiality of your
credit card information. Any separate charges or obligations you incur in your
dealings with these third parties are your responsibility and are not part of
the fee, if any, charged for the D.R.C. Internet Service.
Modification/Termination by D.R.C.
D.R.C. reserves the right, in its sole discretion, to modify, suspend, or terminate
this D.R.C. website and/or any portion thereof, including any D.R.C. Internet
Service, and/or your account, password, or use of any D.R.C. Internet Service,
or any portion thereof, at any time for any reason with or without notice to
you.
Termination of your account for a D.R.C. Internet Service removes your
authorization to use the D.R.C. Internet Service. In the event of termination,
you will still be bound by your obligations under this Agreement and any
Additional Terms, including the warranties made by you, and by the disclaimers
and limitations of liability. Additionally, D.R.C. shall not be liable to you
or any third-party for any termination of your access to a D.R.C. Internet
Service.
Interactive Services
This D.R.C. Website may offer certain D.R.C. Internet Services having
interactive components such as bulletin boards, chat rooms, blogs, and forums
(collectively "D.R.C. Interactive Services").
Subscription Services
This D.R.C. website may offer certain D.R.C. Subscription Services such as
newsletters and Real Simple Syndication ("RSS") feeds (collectively
"D.R.C. Subscription Services"). By registering for a D.R.C.
Subscription Service, you will be subject to any charges and rules set forth in
the description of that service.
Contests/Sweepstakes
For Additional Terms applying to all contests or sweepstakes conducted by this D.R.C.
Website, refer to this site's contest or sweepstakes information.
Limitations on Liability
In no event shall D.R.C., its subsidiaries, affiliates, distributors,
suppliers, licensors, agents or others involved in creating, sponsoring,
promoting, or otherwise making available the D.R.C. website and its contents,
be liable to any person or entity whatsoever for any direct, indirect,
incidental, special, compensatory, consequential, or punitive damages or any
damages whatsoever, including but not limited to: (i) loss of goodwill,
profits, business interruption, data or other intangible losses; (ii) your
inability to use, unauthorized use of, performance or non-performance of the D.R.C.
website; (iii) unauthorized access to or tampering with your personal
information or transmissions; (iv) the provision or failure to provide any
service; (v) errors or inaccuracies contained on the D.R.C. website or any
information, software, products, services, and related graphics obtained
through the D.R.C. website; (vi) any transactions entered into through this D.R.C.
website; (vii) any property damage including damage to your computer or
computer system caused by viruses or other harmful components, during or on
account of access to or use of this D.R.C. website or any site to which it
provides hyperlinks; or (viii) damages otherwise arising out of the use of the D.R.C.
website and D.R.C. Internet Services. The limitations of liability shall apply
regardless of the form of action, whether based on contract, tort, negligence,
strict liability or otherwise, even if D.R.C. has been advised of the
possibility of damages.
Indemnification
You agree to indemnify, defend, and hold harmless D.R.C., its subsidiaries,
agents, distributors and affiliates, and their officers, directors and
employees from and against any and all claims, actions, demands, liabilities,
costs and expenses, including, without limitation, reasonable attorneys’ fees,
resulting from your breach of any provision of this Agreement, the Additional
Terms, or any warranty you provide herein, or otherwise arising in any way out
of your use of this D.R.C. website and any related D.R.C. Internet Service
and/or software. D.R.C. reserves the right to take exclusive control and
defense of any such claim otherwise subject to indemnification by you, in which
event you will cooperate fully with D.R.C. in asserting any available defenses.
International Use/U.S. Export Controls
Accessing materials on this D.R.C. website by certain persons in certain
countries may not be lawful, and D.R.C. makes no representation that materials
on this D.R.C. website are appropriate or available for use in locations
outside the United States.
If you choose to access this D.R.C. website from outside the United States,
you do so at your own risk and initiative, and are responsible for compliance
with any applicable local laws.
The United States controls the export of any software downloadable from this D.R.C. website. No software
or any other materials associated with this D.R.C. website may be downloaded or
otherwise exported or re-exported to countries or persons prohibited under
export control laws, including but not limited to countries against which the
United States has embargoed goods, or to anyone on the U.S. Treasury Department
list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce
Department’s Table of Deny Orders. You are responsible for compliance with the
laws of your local jurisdiction regarding the import, export, or re-export of
any such materials. By using and/or downloading any such materials from a D.R.C.
website, you represent and warrant that you are no located in, under the
control of, or a national or resident of any such country to which such import,
export, or re-export is prohibited or are not a person or entity to which such
export is prohibited.
