Basic Contest Rules
The following are basic contest rules applying to any and all contests run on RADIO Fargo-Moorhead. Each contest may have its own special qualifications and eligibility rules, in which case, a separate list of rules will be available for public inspection.
I. All RADIO FARGO-MOORHEAD contests are open to all listeners, unless a specific age is required and specified by an advertiser, agency or by RADIO Fargo-Moorhead. Full and part-time employees, and their families, of RADIO Fargo-Moorhead, its representatives, its agencies or employees of any other AM, FM or television broadcast station serving the Fargo-Moorhead Market and persons, and their families, who have been employed by RADIO Fargo-Moorhead in the (60) day period immediately preceding the effective date of the contest are ineligible to enter or participate in any and all RADIO Fargo-Moorhead contests.
II. No purchase is necessary and the contest is void where prohibited by law.
III. Winners are not eligible to participate in any RADIO Fargo-Moorhead contests for a period of sixty (60) days from the original date of qualifying or winning a contest and or prize conducted by RADIO Fargo-Moorhead.
IV. All prizes, unless otherwise specified by RADIO Fargo-Moorhead, must be picked up within thirty (30) days from the date won, between the hours of 10AM and 5PM during regular office business hours at the RADIO Fargo-Moorhead offices located at 1020 S. 25th Street, Fargo, ND 58103. Holidays are included in the thirty (30) day pick-up period. Winners will be required to present their valid government issued photo identification to claim prize. It is the responsibility of the winner, unless otherwise specified by RADIO Fargo-Moorhead, to claim their prize within the time limit. Prizes specified to be picked-up must be claimed in person and signed for by the winner. Designated winner’s representatives will be allowed to claim prizes only if RADIO Fargo-Moorhead is informed in writing and by phone that such a representative will be picking up their prize and that they have been given the power of attorney to sign a prize release for the winner and or approved by a representative of RADIO Fargo-Moorhead.
V. If a winner is under 18 years of age, RADIO Fargo-Moorhead requires that their parent or legal guardian accompany said winner when claiming prize. Additionally, parent or legal guardian must present valid photo identification and a social security card and must sign the RADIO Fargo-Moorhead prize release form to claim prize.
VI. All prizes not claimed within the thirty (30) day period will become the property of RADIO Fargo-Moorhead. RADIO Fargo-Moorhead may at its discretion, award the prize to another listener, either in the same contest, or at a later date and separate contest. Every attempt will be made to award all major contest prizes, whether claimed by the original winner or not.
VII. In case of dispute over telephone line malfunctions, the decision of RADIO Fargo-Moorhead will be final. In the event that 2 or more phone lines are “tied together” during a phone-in contest, the entire call will be disqualified, and another call will be taken. RADIO Fargo-Moorhead cannot award duplicate prizes to both parties in a “tied-together” situation, which is a circumstance beyond the control of the station
1020 S. 25th Street
Fargo, North Dakota 58103
Office General Info: (701) 237-5346
Office General Fax: (701) 237-0980
Acceptance of Terms Through Use
Links to Third Party Sites
RADIO Fargo-Moorhead site contains links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the contents of any linked site or subsequent links from that site. Please review the linked site's use agreements, and if you do not agree to be bound by the terms governing that site, we recommend that you terminate your visit to that site. We provide links only as a courtesy to our users, and such links do not imply our endorsement of any linked site.
User's Grant of Limited License
By posting or submitting content to the Site, you grant RADIO FARGO-MOORHEAD and our affiliates and worldwide licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content and that our public posting and use of your content will not infringe or violate the rights of any third party. RADIO FARGO-MOORHEAD retains the right to monitor, edit or otherwise change your posting or other content submitted to the Site without your permission. Copyright Policy and Procedure for Claims Pursuant to Title 17, United States Code, Section 512(c), notifications of claimed copyright infringement should be sent to our Designated Agent. If you believe that your copyrighted work has been copied and is available on the Site in a way that constitutes copyright infringement, please refer to our Copy write Policy.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER RADIO FARGO-MOORHEAD, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL RADIO FARGO-MOORHEAD, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold RADIO FARGO-MOORHEAD, RADIO Fargo-Moorhead and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the Content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. RADIO FARGO-MOORHEAD makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
Choice of Law
Integration and Severability
Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. RADIO FARGO-MOORHEAD reserves the right, in its our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.
Privacy of Children
RADIO FARGO-MOORHEAD encourages parents and guardians to be aware of and participate in their children's online activities. We strictly adhere to the Children's Online Privacy Protection Act and will not knowingly register or otherwise collect personally identifiable information from any child under the age of 13 without the prior verifiable consent of that person’s parent or guardian.
What Information is Collected
RADIO FARGO-MOORHEAD may collect two types of information about you: personally identifiable information (such as your name, address, telephone number and e-mail address) and aggregate information that is anonymous (such as your IP address - a number used to identify your computer when you are on the Internet - or the type of browser you are using).
Personally Identifiable Information: You may be required to register or otherwise voluntarily provide personally identifiable information to have access to some features of the Site. You always may choose not to provide the personally identifiable information, but this may lead to decreased functionality of the Site for you and our inability to provide you with certain products or services. We also may request you to voluntarily provide personally identifiable information that is not required to access features of our site. This information enables RADIO FARGO-MOORHEAD to make general improvements to the Site and better serve your specific interests.
What We Will and Will Not Do With the Information You Provide
RADIO FARGO-MOORHEAD uses information generally to compile statistical data, keep in contact with users and provide them with a better interactive experience.
We may use your information specifically for the following purposes: to provide easy access every time you return to the site without requiring re-entry of registration information; to keep you informed about products and services in which you may have interest; to complete business transactions; to contact you as part of a promotion; to allow you to make a posting on the Site; to administer individual accounts; to provide customer support; to meet legal requirements; to provide Internet security; and/or to analyze the collected information. Also, in the event that we are involved in a sale of a substantial portion of our business assets, customer information may be among the transferred assets.
RADIO FARGO-MOORHEAD works closely with our business partners and certain other third parties who may perform functions on our behalf, such as fulfilling orders, providing promotional materials to our users, sending e-mail, managing data, processing credit card payments or providing customer service. They have access to your personally identifiable information only to the extent necessary to perform their functions and may not use it for any other purpose. Further, these business partners and other third parties may from time to time wish to extend special offers to you on their own behalf. We may use your personally identifiable information to assist our business partners in offering you these products, services and information and may act as an intermediary (for instance, sending you e-mail on their behalf).
Third Party Advertising We use third-party advertising companies to serve ads when you visit the Site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
When you visit the Site, we or a third-party advertiser may store or recognize some information on your computer in the form of a "cookie" or similar file that can help us in many ways. For example, cookies allow us to tailor our site to better match your interests and preferences. With most Internet browsers or other software, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. If you reject cookies, functionality of the Site may be severely limited, and you may not be able to take advantage of many of the Site's best features.
About Our Forums
The Site features forums (such as message boards and chat rooms), which enable our users to communicate with each other. We do not moderate and are not responsible for the content which you or any user posts on any forum on the Site. All personally identifiable information you post in a forum may be viewed, collected and used by any visitor to the Site and is beyond our control. Therefore, RADIO FARGO-MOORHEAD strongly recommends that you do not post on any forum private information about yourself or other individuals.
Linking to Our Business Affiliates' and Third Party Web Sites
The Site contains links to sites operated by our business partners and other third parties. Once you leave the Site, you may or may not see a new URL in the location bar. Please review the linked site’s privacy policies, and if you do not agree to be bound by the terms of the policies governing that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties.
How Secure is Your Information
Any unauthorized use of the Site may result in criminal and/or civil prosecution. We have policies and procedures in place to protect the privacy and confidentiality of your information that we collect and maintain. All personally identifiable information is stored on our secured servers, behind a firewall at a data center with access to data strictly controlled. To help ensure the privacy of your information, we urge you not to share your user name and password with anyone and recommend that you change your password frequently and store it in a safe place. If you are asked to create a user name or password, please select words that do not personally identify you.
Our site offers "auto login" which allows users to enter member areas of our site without re-entering password information. You may want to disable auto login on your "Set Up" page if you are not the only person using your computer.
How Information Can Be Accessed or Modified
If you have any concerns about privacy procedures at our Web site or wish to access or modify your personally identifiable information collect at the Site:
• Write us at: Attn: Privacy/RADIO Fargo-Moorhead.fm, RADIO FARGO-MOORHEAD, 1020 S. 25th Street, Fargo, ND 58103
• Call us at: [701-237-5346]
• Fax us at: [701-237-0980]
Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns
If you believe that your copyrighted work has been copied and is available on this site in a way that constitutes copyright infringement, you may notify KFGO-AM by providing our Designated Agent (listed below) with the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) 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;
(3) 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;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(5) 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; and
(6) 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.
Written Notification containing the above information in complete form must be submitted to the following Designated Agent:
1020 S. 25th Street
Fargo, ND 58103
This contact information is only for reporting copyright infringement, and unrelated inquiries may not receive a response. Contact information for other matters is provided elsewhere on this site.
Upon receipt of the Notification containing the complete and accurate information listed above, Service Provider shall:
(1) Remove or disable access to the material that is alleged to be infringing;
(2) Forward the written Notification to such alleged infringer ("Subscriber");
(3) Take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
If a Subscriber wishes to respond to notice and take down of infringing material, he/she may file Counter Notification, a written communication provided to the Service Provider's Designated Agent that includes substantially the following:
(1) A physical or electronic signature of the Subscriber;
(2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(3) A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(4) The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the above information, Service Provider shall:
(1) Provide the Complaining Party with a copy of the Counter Notification; (2) inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
(3) Replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.
• Write us at: Attn: Copyright/RADIO Fargo-Moorhead, 1020 S. 25th Street, Fargo, ND 58103
• Call us at: [701-237-5346]
• Fax us at: [701-237-0908]
Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns
USER CONTENT SUBMISSION AGREEMENT
IMPORTANT NOTE: You must meet the Age and Other Eligibility Requirements in Section 2 of this Submission Agreement and each and every time you submit or attempt to submit User Content, among other things, you will be asked to confirm your compliance.
1. Submitting User Content.
Each time you upload or submit User Content (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Submission Agreement. Instructions for uploading User Content can be found on the Site's web page for the upload of User Content. To be considered for posting and display to the public, User Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission which can also be found on the Site's web page for the upload of User Content. In order to submit User Content, you will also need to meet our Age Requirements (see Section 2 below).
When you submit User Content you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the User Content, length, your location and/or similar information. By submitting User Content, you are also agreeing and you understand that the term "User Content" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your submission. Always keep a copy of anything you send because we are not responsible for lost, damaged, misdirected, unusable or unreadable User Content. Proof that you submitted User Content does not constitute proof that we received anything.
2. Age and Other Eligibility Requirements.
3. User Content Standards; Unauthorized Content.
You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. User Content does not reflect the views of RFM, and neither RFM, nor any of the Parent Companies or the Affiliates, represents or guarantees the truthfulness, accuracy, or reliability of any User Content, or endorses or supports any opinions expressed in any User Content. In no event shall RFM, the Parent Companies or the Affiliates have or be construed to have any responsibility or liability for or in connection with any User Content. If we determine, in our sole discretion, you have not met the Age Requirements (see Section 2 above) or if, in our judgment, you or any User Content you submit violates this Submission Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Submission Agreement, at law or in equity, to (a) refuse to allow you to submit further User Content, (b) remove and delete your User Content, (c) revoke your registration and right to use the User Content Submission Features and (d) use any technological, legal, operational or other means available to enforce the terms of this Submission Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.
We make no claim the User Content Submission Features or any User Content are appropriate for any particular purpose or audience, or that any video, software or our User Content Submission Features may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any User Content including videos, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations.
Neither RFM nor the Parent Companies or the Affiliates control any User Content submitted, although we may use both automated and manual means of reviewing User Content in order to prevent Unauthorized Content from appearing and being displayed on our Site. RFM reserves the right to review any submitted User Content and to delete, remove, move, edit or reject, without notice to you, any User Content that we deem, in our sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Submission Agreement or to be unacceptable to RFM or the Parent Companies or Affiliates, for any reason or for no reason whatsoever; provided, however, that RFM, the Parent Companies and the Affiliates shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If RFM receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law (see Section 4 below), we may remove User Content associated with such claim. RFM reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Site or to comply with legal, regulatory, audit and compliance obligations.
4. Copyright Infringement.
If you believe any User Content violates the copyright of any other party, you can notify us by complying with the procedures set forth in our Copyright Compliance Policy.
5. Rights Granted to RFM.
In connection with all User Content you submit using the User Content Submission Features, you grant to RFM, the Parent Companies and the Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Site (regardless of the Device through which the Site may be accessed) and any other channels, services, and other distribution platforms, whether currently existing or existing or developed in the future, of RFM, the Parent Companies and the Affiliates (collectively, the "Platforms"), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to RFM, the Parent Companies and Affiliates, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to RFM, the Parent Companies and the Affiliates, these rights include, without limitation, the right to distribute and synchronize all or any portion of your User Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your User Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content; and to excerpt and/or extract portions of your User Content in order to host, store, index, categorize and display your User Content on or through the Platforms.
By submitting User Content, in addition to the rights, licenses and privileges referred to above, you are also granting RFM, the Parent Companies and the Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Platforms, and any products, goods, features, functions, capabilities and/or services associated with RFM, the Parent Companies and Affiliates and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your User Content, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by RFM, the Parent Companies and the Affiliates, without limitation or restriction whatsoever.
The rights, licenses and privileges described in this Submission Agreement and granted to RFM, the Parent Companies and the Affiliates, shall commence immediately upon submission of your User Content to or through the User Content Submission Features and continue thereafter perpetually and indefinitely, regardless of whether you continue or remain a registered user or not, unless and until terminated, in whole or in part, by RFM on notice to you. Notwithstanding the foregoing, you acknowledge and agree that neither RFM, nor the Parent Companies or the Affiliates, shall be required or have any obligation to host, index, display, accept or use any submitted User Content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and RFM may, in its sole discretion, remove or refuse to host, index, display, accept, use or do anything at all with respect to any User Content. Once you submit or attempt to submit User Content you shall have no right to prohibit, restrict, revoke or terminate any of the rights granted to RFM or the Parent Companies or the Affiliates. You are not entitled to and you will not receive any compensation or other consideration for your User Content or any use made of your User Content once submitted. You also understand and agree that neither all or any portion of your User Content, nor any commercial, advertisement, promotional, marketing or other material associated with your User Content, need to be submitted for approval prior to use.
You hereby release RFM, the Parent Companies and the Affiliates from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which you may or can have in connection with your User Content, including, without limitation, any and all liability for any use or nonuse of the your User Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss. RFM, and the Parent Companies and the Affiliates, have the right to assign, transfer, convey, license, sub-license and otherwise transfer, sub-contract, delegate, outsource or engage third parties to perform or benefit from all or any portion of its or their rights and/or obligations to any one or more other parties, without accounting, reporting, notification or other obligation or liability to you whatsoever, now or in the future. You also forever waive and relinquish all moral rights or droit moral now or hereafter recognized in connection with your User Content and the rights granted to RFM, the Parent Companies and the Affiliates hereunder.
RFM has the right to license, authorize and/or otherwise enter into agreements and arrangements with any Parent Companies or the Affiliates to do or perform any of the activities, exercise any of the rights and/or undertake any of the responsibilities granted or imposed under this Submission Agreement, in whole or in part. To the extent RFM does so, when you submit User Content each such Parent Company and Affiliate shall be entitled to exercise and benefit from the terms and conditions, rights, licenses and authorizations granted to RFM hereunder and related thereto as if you had entered into this Submission Agreement with such Parent Company or Affiliate directly.
RFM retains all right, title and interest in and to the User Content Submission Features, including, without limitation, to all associated intellectual property and proprietary rights existing anywhere in the world and you acquire no ownership, proprietary or other rights, title or interest in or to the User Content Submission Features.
Except for the licenses, authorizations, consents and rights granted hereunder and described in this Submission Agreement, as comprehensive and broad as they may seem or actually be, RFM acquires no title or ownership rights in or to any User Content you submit and nothing in this Submission Agreement convey to us any ownership rights in your User Content. RFM is acting only as a host, bulletin board or conduit for submitted User Content, with all of the specific rights granted by you hereunder. Although by your submission of any User Content you are requesting and directing us and any of the Parent Companies or the Affiliates with whom we have made arrangements, to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the User Content on the Platforms), neither we, nor any of the Parent Companies or the Affiliates have any obligation to do any of these things.
You acknowledge that other persons may have submitted User Content to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your User Content or concepts contained therein, and you understand and agree you will not be entitled to any compensation because of the use or exploitation thereof and the submission of User Content, or any posting or display thereof, is not any admission of novelty, priority or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any User Content you or anyone else submits, that is purely coincidental and unavoidable.
7. Financial Consideration.
RFM and the Parent Companies reserve the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and operating the Site, the User Content Submission Features or other Platforms and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your User Content may be displayed on or otherwise used by or in connection with the Site, the User Content Submission Features or other Platforms.
9. Disclaimers and Limitation of Liability.
THE USER CONTENT SUBMISSION FEATURES ARE PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF THE USER CONTENT SUBMISSION FEATURES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS SUBMISSION AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE OR USER CONTENT SUBMISSION FEATURES. RFM AND THE PARENT COMPANIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITE OR USER CONTENT SUBMISSION FEATURES, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USER CONTENT SUBMISSION FEATURES WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.
THE SITE AND USER CONTENT SUBMISSION FEATURES ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE OF THE USER CONTENT SUBMISSION FEATURES THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION. RFM AND THE PARENT COMPANIES DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS SUBMISSION AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. RFM AND THE PARENT COMPANIES EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
This User Content Submission Agreement was last modified on the date indicated above and is effective immediately.
Copyright © 2010 RADIO Fargo-Moorhead Inc. - All Rights Reserved.