Terms of Service

1. Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the CUERADIO.FM domain name, the "CUERADIO.FM Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF THE CUERADIO.FM PRIVACY NOTICE, WHICH ARE PUBLISHED BELOW WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the CUERADIO.FM Website.

2. Website

These Terms of Service apply to all users of the CUERADIO.FM Website, including users who are also contributors of media content, information, and other materials or services on the Website. The CUERADIO.FM Website may contain links to third party websites that are not owned or controlled by CUERADIO.FM. CUERADIO.FM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Websites. In addition, CUERADIO.FM will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve CUERADIO.FM from any and all liability arising from your use of any third-party Website. Accordingly, we encourage you to be aware when you leave the CUERADIO.FM Website and to read the terms and conditions and privacy policy of each other Website that you visit.

3. Website Access

A. CUERADIO.FM hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website only for its intended purpose; (ii) you will not copy or distribute any part of the Website in any medium without CUERADIO.FM's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify CUERADIO.FM immediately of any breach of security or unauthorized use of your account. Although CUERADIO.FM will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CUERADIO.FM or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "off-line readers" etc., that accesses the Website in a manner that sends more request messages to the CUERADIO.FM servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line Web browser. Notwithstanding the foregoing, CUERADIO.FM grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CUERADIO.FM reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account nicknames, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any material found on the Website.

4. Intellectual Property Rights

The content on the CUERADIO.FM Website, except all submissions (as defined below), including without limitation, the text, software, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to CUERADIO.FM, subject to copyright and other intellectual property rights under Norwegian and international laws and international conventions.
Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CUERADIO.FM reserves all rights not expressly granted in and to the Website and the Content.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the CUERADIO.FM Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the CUERADIO.FM Website or the Content therein.

5. User Submissions

A. When submitting material, you affirm, represent, and/or warrant that you own or have the necessary rights, consents and permissions to authorize CUERADIO.FM to use this material.
B. You retain your ownership rights to the material and can at any time choose to withdraw any material rightfully owned by you.
C. You understand that when using the CUERADIO.FM Website, you will be exposed to submissions from a variety of sources, and that CUERADIO.FM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such submissions. You further understand and acknowledge that you may be exposed to submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CUERADIO.FM with respect thereto, and agree to indemnify and hold CUERADIO.FM, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
D. In particular, if you are a copyright owner or an agent thereof and believe that any Submission or other content infringes upon your copyrights, you may submit a notification to legal@cueradio.fm with the following information in writing:
(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 on-line 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have 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; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E. CUERADIO.FM reserves the right to discontinue any aspect of the CUERADIO.FM Website at any time.

6. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE CUERADIO.FM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CUERADIO.FM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CUERADIO.FM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CUERADIO.FM WEBSITE. CUERADIO.FM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CUERADIO.FM WEBSITE OR ANY HYPER-LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CUERADIO.FM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

7. Limitation of Liability

IN NO EVENT SHALL CUERADIO.FM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CUERADIO.FM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CUERADIO.FM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by CUERADIO.FM from its facilities in Norway. CUERADIO.FM makes no representations that the CUERADIO.FM Website is appropriate or available for use in other locations. Those who access or use the CUERADIO.FM Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. Indemnity

You agree to defend, indemnify and hold harmless CUERADIO.FM, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the CUERADIO.FM Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the CUERADIO.FM Website.

9. Ability to Accept Terms of Service

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CUERADIO.FM without restriction.

11. General

You agree that: (i) the CUERADIO.FM Website shall be deemed solely based in Oslo, Norway; and (ii) the CUERADIO.FM Website shall be deemed a passive website that does not give rise to personal jurisdiction over CUERADIO.FM, either specific or general, in jurisdictions other than Norway. These Terms of Service shall be governed by the internal substantive laws of Oslo, without respect to its conflict of laws principles. Any claim or dispute between you and CUERADIO.FM that arises in whole or in part from the CUERADIO.FM Website shall be decided exclusively by a court of competent jurisdiction located in Oslo. These Terms of Service, together with the Privacy Notice below and any other legal notices published by CUERADIO.FM on the Website, shall constitute the entire agreement between you and CUERADIO.FM concerning the CUERADIO.FM Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and CUERADIO.FM failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. CUERADIO.FM reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the CUERADIO.FM Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

YOU AND CUERADIO.FM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CUERADIO.FM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Privacy Notice

This Privacy Notice details important information regarding the use and disclosure of User information collected on CUERADIO.FM. CUERADIO.FM provides this Privacy Notice to help you make an informed decision about whether to use or continue using CUERADIO.FM.

This Privacy Notice is incorporated into and is subject to the CUERADIO.FM Terms of Use. Your use of the CUERADIO.FM Website and any personal information you provide on the CUERADIO.FM Website remains subject to the terms of this Privacy Notice and our Terms of Use.

Please note that any media (video, photo, audio file or text document or other content) posted at the direction of Users onto the CUERADIO.FM Website becomes published content and is not considered personally identifiable information subject to this Privacy Notice.

The Information we Collect

Log File Information:
When you use CUERADIO.FM, our servers automatically record certain information that your Web browser sends whenever you visit any website. These server logs may include information such as your Web request, Internet Protocol (IP) address, browser type, browser language, referring pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.

User Provided Information:
You provide certain personally identifiable information (such as your name and email address) to CUERADIO.FM when choosing to participate in various activities on the CUERADIO.FM Website such as posting messages in forums or chat, comments, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.

The Way we Use Information

If you submit personally identifiable information to us, then we use your personal information to operate, maintain, and provide to you the features and functionality of the CUERADIO.FM Website.

Any text or media content that you voluntarily disclose on or submit to the CUERADIO.FM Website becomes publicly available and can be collected and used by others. Your nickname (not your email address) may be displayed on the Website when you engage in any activity that requires you to log on. These activities may or may not be viewed by the general public.

We do not use your email address or other personally identifiable information to send commercial or marketing messages. We will, however, use your email address without further consent for non-marketing, administrative purposes (such as notifying you of major CUERADIO.FM Website changes or for customer service purposes).

We use certain non-personally-identifiable information (such as anonymous user usage data, IP addresses, browser type etc.) to improve the quality and design of the CUERADIO.FM Website and to create new features, promotions, functionality and services by storing, tracking, and analyzing User preferences and trends.

When we Disclose Information

CUERADIO.FM may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with the laws and regulations of Norway or respond to a court order, subpoena, or search warrant.

CUERADIO.FM also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that CUERADIO.FM believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our Website, and to protect the rights, property, or personal safety of CUERADIO.FM, our Users or others.

Your options

You may, of course, decline to submit personally identifiable information through the CUERADIO.FM Website, in which case CUERADIO.FM may not be able to provide certain services to you.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Please contact CUERADIO.FM with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices.
CUERADIO.FM, June 2010.
legal@cueradio.fm
 
 
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