Copyright & Trademark Notice
Use of Intellectual Property
The Extreme Traffic Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Extreme Traffic logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Extreme Traffic or by other parties that have provided rights thereto to Extreme Traffic .
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Extreme Traffic Site, in whole or in part, without the express written permission of Extreme Traffic .
Other trademarks, service marks, product names and company names or logos appearing on this Extreme Traffic Site that are not owned by Extreme Traffic may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this Extreme Traffic Site, or frame this Extreme Traffic Site, or any web page or material herein, nor may any entity include a link to any aspect of this Extreme Traffic Site in an email for commercial purposes, without the express written permission of Extreme Traffic . Further, unless otherwise expressly permitted, you agree not to link to Extreme Traffic 's Intellectual Property so as to cause you or anyone else to access Extreme Traffic 's Intellectual Property other than through this Extreme Traffic Site.
You may inquire about obtaining permission by writing:
IP Permission
Legal Department
Extreme Traffic Communications, LLC
1111 Brickell Ave Miami Florida 33131
By Facsimile: (305) 832-3149
By Email: IPPermission@ExtremeTraffic.net
Copyright Infringement
Extreme Traffic respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Extreme Traffic Site, you are granting permission to have this material posted on this Extreme Traffic Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Extreme Traffic reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Extreme Traffic may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
Email: Sales@Extremetraffic.net
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must LLC include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed 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 reasonably sufficient to permit Extreme Traffic to locate the material.
(iv) Information reasonably sufficient to permit Extreme Traffic to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
This Agreement was last modified on October 28, 2011.
This site or application is owned or managed by ExtremeTraffic LLC,. (“Extreme Traffic LLC”) and is part of the Extreme Traffic family of companies, which LLC includes other quality entertainment brands such as broadcast and Internet radio stations, Extreme Traffic Outdoor, Extreme Traffic Radio, and the Premiere Radio Networks, each of which operates or manages one or more websites or applications (each a “Extreme Traffic Site,” and collectively the “Extreme Traffic Sites”).
Extreme Traffic provides this Extreme Traffic Site 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 Extreme Traffic Sites. Your use of this Extreme Traffic Sites 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 Extreme Traffic Site. This Agreement sets forth Extreme Traffic LLC policies with respect to its operation of the Extreme Traffic Sites. Other policies govern Extreme Traffic LLC non-Internet operations.
Certain products or services offered by this and/or other Extreme Traffic Sites (each a “Extreme Traffic Internet Service,” and collectively “Extreme Traffic Internet Services”), and certain areas within this and/or other Extreme Traffic Sites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or Extreme Traffic Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or Extreme Traffic Internet Services. In the event of an irreconcilable LLC consistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY Extreme Traffic SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY Extreme Traffic SITE MAY BE TERMINATED IMMEDIATELY IN Extreme Traffic LLC SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
By using this Extreme Traffic Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this Extreme Traffic Site (collectively, “Device”); and (d) you will access and use this Extreme Traffic Site in accordance with this Agreement.
Some parts of this Extreme Traffic Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority 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 Extreme Traffic Site content.
Mobile Devices
If permitted or available through the applicable Extreme Traffic Internet Service, to (a) upload content to this Extreme Traffic Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this Extreme Traffic Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which Extreme Traffic makes the Extreme Traffic Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (LLCluding text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Extreme Traffic Internet Service, LLCluding, but not limited to, if this Extreme Traffic Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Extreme Traffic Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Extreme Traffic LLC or this Extreme Traffic Site’s operations or the Extreme Traffic Internet Service. Any equipment or software causing interference will be immediately disconnected from the Extreme Traffic Internet Service and Extreme Traffic will have the right to immediately terminate this Agreement. If any upgrade in or to the Extreme Traffic Internet Service requires changes in your equipment or software (LLC, including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Extreme Traffic Internet Service, LLC, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the Extreme Traffic Internet Service.
Changes to This Agreement
Extreme Traffic reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Extreme Traffic will provide notice of such change on this Extreme Traffic Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this Extreme Traffic Site and/or Extreme Traffic 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 Extreme Traffic Site and/or the Extreme Traffic Internet Service to which the changes may apply.
Privacy and Protection of Personal Information
Extreme Traffic has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information.
Accounts, Security, Passwords
If a particular Extreme Traffic Site or Extreme Traffic 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. After you have fully completed 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 Extreme Traffic immediately of any unauthorized use of your account. Extreme Traffic is not liable for any loss that you may LLCur 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 Extreme Traffic Internet Service.
User Code of Conduct
In accessing and using this Extreme Traffic Site and/or the Extreme Traffic Internet Services, you agree that you will not:
Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this Extreme Traffic Site, or any postings which advocate illegal activity.
Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
Deliver, or provide links to, any postings containing defamatory, false or libelous material.
Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, LLC including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
Manipulate identifiers, LLC including by forging headers, in order to disguise the origin of any posting that you deliver.
Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
Use this Extreme Traffic service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Extreme Traffic Site or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
Attempt to gain unauthorized access to this Extreme Traffic Site, any related website, other accounts, computer system, or networks connected to this Extreme Traffic Site, through hacking, password mining, or any other means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Extreme Traffic Site, LLC including harvesting or otherwise collecting information about others such as email addresses.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS Extreme Traffic LLC SITE AND/OR Extreme Traffic LLC INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, LLCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS Extreme Traffic LLC SITE OR Extreme Traffic LLC INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. Extreme Traffic LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS Extreme Traffic LLC SITE OR THE INFORMATION, CONTENT OR MATERIALS LLCLUDED ON THIS Extreme Traffic LLC SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Extreme Traffic LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, LLCLUDING, 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. Extreme Traffic LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS Extreme Traffic LLC SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS Extreme Traffic LLC SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. Extreme Traffic LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS Extreme Traffic LLC SITE FOR ANY PURPOSE, LLCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
Extreme Traffic LLC 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 Extreme Traffic LLC INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Extreme Traffic LLC’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability
In no event shall Extreme Traffic LLC, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this Extreme Traffic LLC Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, LLCidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, LLCluding 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 this Extreme Traffic LLC Site; (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 this Extreme Traffic LLC Site or any information, software, products, services, and related graphics obtained through this Extreme Traffic LLC Site; (vi) any transactions entered into through this Extreme Traffic LLC Site; (vii) any property damage LLCluding damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this Extreme Traffic LLC Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this Extreme Traffic LLC Site and Extreme Traffic LLC 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 Extreme Traffic LLC has been advised of the possibility of damages.
Indemnification
You agree to indemnify and hold harmless Extreme Traffic LLC, 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, LLCluding, 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 Extreme Traffic LLC Site and any related Extreme Traffic LLC Internet Service and/or software. You agree to cooperate fully with Extreme Traffic LLC in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
