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Terms of Use
This site is owned by Cutting Edge Broadcasting Incorporated ("Cutting Edge").
This website and other 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 policies with respect to its operation of the Website. Other policies govern our non-Internet operations.
Certain products or services offered by this website 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 . 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 THIS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR
PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR
ACCESS TO THIS WEBSITE MAY BE TERMINATED IMMEDIATELY IN OUR 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.
Changes to this Agreement
We reserve the right, in its sole discretion, to modify, alter, or
otherwise change this Agreement and/or the Additional Terms at any time.
We will provide notice of such change on this Website. Please review this
Agreement and/or Additional Terms periodically for changes. Your continued
use of the Website 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 Website.
Privacy and Protection of Personal Information
Cutting Edge Broadcasting Incorporated 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.
Fees
Except where otherwise provided, access to and use of this Website is
currently available without charge. We reserve the right to charge a fee
for access to or use of this Website at any time in the future. Your
access to or use of this Website before such time does not
entitle you to use of this Website without charge in the
future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR
THROUGH THIS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE,
PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED
WITHIN OR AVAILABLE THROUGH THIS WEBSITE IS PROVIDED TO YOU ON AN “AS
IS,” “AS AVAILABLE” BASIS. CUTTING EDGE BROADCASTING, INC. 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, CUTTING EDGE 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. WE DO NOT WARRANT OR MAKE
ANY REPRESENTATIONS THAT THIS 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. WE DO
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY,
AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY
MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE,
INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED
GRAPHICS CONTENT.
WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS,
MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS,
INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF INTERACTIVE SERVICES, OR
ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL
IN NATURE.
Links
This Website may contain links to websites operated by third parties.
We do 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 our endorsement, sponsorship, or
recommendation of the third party or of the content, products, or services
contained on, or available through, the site.
Software Available Through WEIBFM.COM
Any software that is made available to view and/or download in connection
with this website (“Software”) is owned or controlled by Cutting Edge
Broadcasting Incorporated and/or licensors, affiliates and suppliers and is
protected by copyright laws and international treaty provisions. Your use
of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the Software. We
accept no responsibility or liability in connection with any Software
owned or controlled by third parties.
Third-Party Merchants
This Website may enable you to order and receive products, information and
services from businesses that are not owned or operated by Cutting Edge
Broadcasting Incorporated. 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. We do 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. We 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 this service.
Modification/Termination by Cutting Edge Broadcasting
Incorporated
We reserve the right, in our sole discretion, to modify, suspend, or
terminate this Website and/or any portion thereof at any time for any
reason with or without notice to you.
Interactive Services
This Website may offer certain services having interactive components such
as bulletin boards, chat rooms and forums (collectively “Interactive
Services”). Please see the Additional Terms for this service by
clicking here.
Subscription Services
This Website may offer certain Subscription Services such as newsletters
(collectively “Subscription Services”). By registering for a
Subscription Service, you will be subject to any charges and rules set
forth in the description of that service.
Premium Services
Some Services on this Website, including certain Interactive and
Subscription Services, may be offered to you conditioned on your payment
of a fee (“Premium Service”). By using the Premium Service, you will
be subject to any charges and rules set forth in the Additional Terms for
that service. Please see the Additional Terms for this service by
clicking here.
Contests/Sweepstakes
For Additional Terms applying to all contests or sweepstakes conducted
by this Website, refer to this site’s contest
or sweepstakes information.
Limitations on Liability
In no event shall Cutting Edge Broadcasting Incorporated, its subsidiaries,
affiliates, distributors, suppliers, licensors, agents or others involved
in creating, sponsoring, promoting, or otherwise making available the
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 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 Website or any information, software, products, services,
and related graphics obtained through the Website; (vi) any transactions
entered into through this 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
Website or any site to which it provides hyperlinks; or (viii) damages
otherwise arising out of the use of the Website. The limitations of
liability shall apply regardless of the form of action, whether based on
contract, tort, negligence, strict liability or otherwise, even if Cutting
Edge has been advised of the possibility of damages.
Indemnification
You agree to indemnify, defend, and hold harmless Cutting Edge
Broadcasting Incorporated, 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 Website and any related Service and/or software. We
reserve 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 Cutting Edge in asserting any available defenses.
International Use/U.S. Export Controls
Accessing materials on this Website by certain persons in certain
countries may not be lawful, and we make no representation that materials
on this Website are appropriate or available for use in locations outside
the United States. If you choose to access this 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 Website. No software or any other materials associated with this
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 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.
INTERACTIVE SERVICE ADDITIONAL TERMS
You may participate in Cutting Edge Broadcasting Incorporated Interactive Service by reading and agreeing to the Terms of Use Agreement and these Interactive Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Interactive Service Additional Terms, you may not participate in Cutting Edge Broadcasting, Inc. Interactive Service.
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
the Website, 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,
tortuous, 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,
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, including by forging headers,
in order to disguise the origin of any posting that you deliver.
| Use this service in any manner which could damage,
disable, overburden, or impair or otherwise interfere with the use of
the Website or other users’ computer equipment, or cause damage,
disruption or limit the functioning of any software, hardware, or
telecommunications equipment.
| Attempt to gain unauthorized access to this Website,
any related website, other accounts, computer system, or networks
connected to this Website, 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 Website, including harvesting or otherwise collecting information
about others such as email addresses. | |
You are solely responsible and liable for postings delivered to the Website using your account. Any violation of these provisions can subject your account to immediate termination and, possibly, further legal action.
Cutting Edge Broadcasting Incorporated does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a interactive website by you or other users. Cutting Edge is not obligated to and does not regularly review, monitor, delete, or edit postings. However, we reserve the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. We are not responsible or liable for damages of any kind arising from any postings even when Cutting Edge is advised of the possibility of such damages, or from our alteration or deletion of any posting.
The information and opinions expressed in postings on this Website are not necessarily those of Cutting Edge Broadcasting Incorporated or its content providers, advertisers, sponsors, affiliated or related entities, and we make no representations or warranties regarding that information or those opinions. We do not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
Unless otherwise provided, all postings to the Website automatically and immediately become the property of Cutting Edge without any obligation of confidentiality. Cutting Edge shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that Cutting Edge Broadcasting Incorporated does not retain exclusive ownership of any posting, then you hereby expressly grant to Cutting Edge a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
PREMIUM SERVICE ADDITIONAL TERMS
You may register for a Cutting Edge Premium Service by reading and agreeing to the Terms of Use Agreement and these Premium Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Premium Service Additional Terms, you may not register for the Premium Service.
Member Account and Password
You are responsible for any membership name and password that is
associated with your account during registration. If this premium service
does not recognize your device from a previous sign-in, you will be asked
for information that will help us to identify your registration. It is
your responsibility to maintain the confidentiality of your password, if
one is established. You are entirely responsible for any and all
activities that occur under your account, and agree to notify us
immediately of any unauthorized use of your account.
Charges for Premium Service
Cutting Edge Broadcasting Incorporated will provide notice of any charges, or
extra charges, before you register for or enter a premium area. You are
responsible for any charges for premium content incurred by your account.
We are not liable for any loss that you may incur as a result of someone
else using your password or account, whether with or without your
knowledge.
In the event that you pay for a premium service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.
Limited to Personal and Non-Commercial Use
This premium service is for your personal and non-commercial use only. You
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products obtained from this premium service without
our prior written consent. You may inquire about obtaining written
permission from us to display or reproduce material from this site by
writing:
106.3 Smooth FM
8 North King Street
Northampton, MA 01060
By Facsimile: (413) 585-9138
By Email: weibfm@aol.com
Cancellation
You may cancel your membership in this premium service at any time by
contacting us using the contact information provided on this premium
service. In the event that you have paid a fee to register on this site,
we will return the unused portion of your membership fee on a 52-week
pro-rated basis within ninety (90) days of your cancellation of your
membership.
We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.
Modification of these Terms of Use
We may from time to time change the terms and conditions governing this
premium service. It is important that you regularly review these terms and
conditions to stay informed with regard to any changes in the terms and
conditions governing your use of this premium service. Your continued use
of this premium service constitutes your agreement to all such terms and
conditions.
Submissions
Unless otherwise stated, we will not review or consider any unsolicited
submissions to this premium service. All submissions to this premium
service become our property. No submission will be subject to any
reimbursement or other payment by us.
Service Contact
You may email your requests for customer service through the contact
information provided on the home page of this premium service.
Terms of Use • Privacy Statement • Copyright Notice • EEO/Jobs
Copyright © 2004 Cutting Edge Broadcasting Incorporated • All rights reserved.
"Cool Jazz, Smooth Sounds and a Touch Of Soul," "The Smoothest Place in New England," and "The Cutting Edge Blend" are registered trademarks.
Last modified on Thursday, March 03, 2005 at 01:11 PM .
Contact WEIB-FM with questions or comments about this website.