This page sets forth the terms and conditions (the “Agreement”) under which you may use the Mixhits Radio and Dunkin Radio website (the “Site”), which is controlled, maintained, owned and operated by Mixhits Radio, LLC (the “Company”). Use of the site is offered to you conditioned on your complete acceptance of the terms and conditions of this agreement. By using the site, you are agreeing to be contractually bound by the terms and conditions of the Agreement as they are stated at the time of your use of the site.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT VIEW OR OTHERWISE USE THE SITE.
2. USE OF THE SITE.
You are granted a non-exclusive, non-assignable and non-transferable license to use the site only in accordance with this agreement. This license is not a sale of any of the Company’s rights.
3. NOTICE OF PROPRIETARY RIGHTS.
The Site contains copyrighted material, trademarks and other proprietary material and information, including, but not limited to, text, logos, software, images, graphics, video, music and/or sound that is protected under both United States and foreign laws (the “Material”). The material is owned by or licensed to the Company or its affiliates or suppliers or is the property of its respective owner. Unauthorized use of the material may violate copyright, trademark and other laws. You may not sell or modify the material or reproduce, display, publicly perform, distribute or otherwise use the material in any way for any public or commercial purpose. The use of the material on any other web site or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the HTML code that the Company creates to generate the pages of the site, which code is also protected by the Company’s copyright.
4. ERRORS AND CORRECTIONS.
The information and services included in or available through the site may include inaccuracies and/or typographical errors. Changes are periodically made to the site and to information contained in the database(s) from which information on the site is derived. Use of the site is at your own risk, and you agree that neither the Company nor its suppliers are liable for any inaccurate information contained in or derived from the site. The Company and its suppliers may make improvements and/or changes to the site at any time.
INFORMATION CONTAINED IN OR DERIVED FROM THE SITE IS NOT TO BE RELIED ON OR UTILIZED AS A SOURCE OF FINANCIAL, TAX, LEGAL, ACCOUNTING, ECONOMIC, BUSINESS OR OTHER PROFESSIONAL ADVICE. THE INFORMATION CONTAINED IN OR DERIVED FROM THE SITE REGARDING USAGE OF MUSIC OR MEDIA IS NOT TO BE USED TO CALCULATE OR CHALLENGE ROYALTY PAYMENTS PAID OR TO BE PAID FROM COMPANY TO YOU OR ANY THIRD PARTY.
5. COMPANY’S LIABILITY.
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL OR GOODS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THE COSTS ASSOCIATED WITH SUCH SERVICING OR REPLACEMENT.
THE SITE AND THE MATERIAL ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT, PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS CONTAINED WITHIN THE SITE; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS CONTAINED ON THE SITE WILL BE CORRECTED; OR THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPUTER COMPONENTS.
YOU SPECIFICALLY AGREE THAT THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU SPECIFICALLY AGREE THAT THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED ON THE SITE BY ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, ITS SUPPLIERS, AND/OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING IN ANY WAY FROM THE PERFORMANCE, USE, OR INABILITY TO USE THE SITE AND/OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR THE COMPANY OR ANY OF ITS AFFILIATES OR SUPPLIERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW AN EXCLUSION OR LIMITATION FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO $100.