2017 Terms of Use

By using this site, you agree to these Terms of Use. 

If you do not agree to these Terms of Use, do not use this site.

The content, information, data, designs, code, and materials (collectively, the “Content”) on any Blackburn Radio Inc. owned or operated websites (the “Sites”) are protected by intellectual property and other laws, including the copyrights of Blackburn Radio Inc. or the copyrights of third parties which are used by agreement. You must comply with all such laws and applicable copyright, trademark and other legal notices or restrictions.

Subject to these terms, you may access and use the Sites and the Content only for your own personal, non-commercial use. You must obtain our written permission for any commercial use of the Sites or the Content. You agree to use the Content for lawful purposes only. No part of the Content may be reproduced, distributed, modified, framed, cached, reverse-engineered, adapted or linked to, or made available in any form by any photographic, electronic, digital, mechanical, photostat, microfilm, xerography or other means, or incorporated into or used in any information storage and retrieval system, electronic or mechanical, without the prior written permission of Blackburn Radio Inc. or the applicable third party copyright owner.

Use of any software available for downloading from a Site is governed by these terms and the terms of any applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names on a Site, are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited.

The Content made available on the Sites, including materials in linked sites directly or indirectly accessible from a Site, is provided “as is” without warranties of any kind, either express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Content will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction.

The materials that can be accessed from linked sites are not maintained by us and we are not responsible for the contents thereof. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by us, and you assume all risk with respect to its use.

Under no circumstances shall we, nor our affiliates, agents, and suppliers, be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use any Content available on a Site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party. You agree to defend, indemnify, and hold us and our affiliates harmless from and against any and all claims, losses, liabilities, damages and expenses (including attorney’s fees, errors, omissions, and incorrect pricing) arising out of your use of any Site.

Your access to the Sites and the Content is at your own risk. If you object to any of the Sites or Content, your sole remedy is to discontinue accessing and using the Sites.

User Submissions

Some of our Sites may allow users to submit audio, video, photo, text, or other materials (collectively, “User Submissions”) to us. When you provide User Submissions, you grant to Blackburn Radio Inc., its subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sub-licenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted herein and any access granted to others.

To delete a User Submission from our Sites, please contact us here: http://blackburnradio.com/contact-us/

If you delete a User Submission from the Sites, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you requested its deletion, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Site will not automatically delete your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You represent and warrant that you have all rights necessary to grant to Blackburn Radio Inc. the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of privacy), or violate applicable law.

These terms of use shall be governed in accordance with the laws of the province of Ontario, Canada, excluding its conflict of laws provisions. We reserve the right to add, delete, or modify any or all terms of use at any time with or without notice.

If you do not agree to these terms, you should immediately stop using the services. 

 

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