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(RJSJazzRadio-SFL.com) (Revised 06/30/2009) 

RJSJazzRadio-SFL.com Terms of Service 

This site (the "Site") is operated by RJS Media and Technology Group on behalf of RJSJazzRadio-SFL.com Inc. (together "RJS"). It is intended for your personal entertainment, information, education and communication. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of service ("Terms of Service") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service. Please note that this Site and the services offered are only open to users 13 years of age or older unless expressly stated otherwise. If you do not agree with all of the following Terms of Service, please do not use this Site. 

RJS reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Service periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Service. 

USE OF MATERIALS CONTAINED ON THIS SITE 

The Site contains material that is derived in whole or in part from material supplied by RJS and other sources, and is protected by U.S. and international copyright, trademark and other laws. No material (including but not limited to the content, graphics, text, images, audio and/or video, design, organization, compilation, advertising, and all other matters relating to this website, including without limitation, the “look and feel” of the website) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, rearranged, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of RJS's or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without RJS's express written consent is prohibited. 

CREATIVE SUBMISSIONS/COMMUNICATIONS 

RJS does not accept or consider creative ideas, suggestions or materials other than those RJS has specifically requested. This is to avoid the possibility of future misunderstandings when projects developed by RJS's staff might seem to others to be similar to their own creative ideas, suggestions or materials. 

If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of RJS. None of the Information shall be subject to any obligation of confidence on the part of RJS and RJS shall not be liable for any use or disclosure of any Information. RJS shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. 

BULLETIN BOARDS, CHAT ROOMS, POSTINGS 

The Site may include bulletin boards, chat rooms and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively "Bulletin Boards"). In order to post any materials on certain Bulletin Boards, you will be required to register and provide a valid e-mail address. Registration will require that you enter an agreement to abide by all requirements that may be set out for participation in particular Bulletin Boards, such as Public Eye, in addition to your existing agreement to abide by these Terms of Service. 

RJS does not control the material delivered to Bulletin Boards, and RJS has no obligation to monitor such Bulletin Boards. The messages do not necessarily reflect the views of RJS. In no event shall RJS assume or have any responsibility or liability for any materials posted on Bulletin Boards or for any claims, damages or losses resulting from their use and/or appearance on this Site. RJS reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Bulletin Boards) as necessary to satisfy any law, regulation or governmental request. In addition, RJS reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in RJS's sole discretion are objectionable or in violation of these Terms of Service. 

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting RJS a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

RULES OF CONDUCT 

It is a condition of your use of the Bulletin Boards and this Site that you do not:

RJS provides rules for certain activities on this Site including, without limitation, e-mail services, contests, sweepstakes, and auctions by RJS and in conjunction with third parties. These Terms of Service are incorporated by reference to the specific rules, which appear in connection with information about a particular activity. To the extent that any conflict exists between these Terms of Service and specific rules, the rules for the activity in which you choose to participate shall govern. 

HYPERLINKS TO THIRD PARTY SITES 

The appearance of external hyperlinks does not constitute endorsement by RJS, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and RJS does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, RJS is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither RJS nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall RJS assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, RJS will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites. 

TERMINATION OF THE SERVICES 

RJS may terminate the Site or any services included on or through the Site at any time with or without cause or notice. RJS shall not be liable any party for such termination. 

If you object to any of the Terms of Service contained herein, you may discontinue use of the Site or services. You may cancel any of your subscriptions to RJS newsletters by following the directions provided in each newsletter to which you have subscribed. 

SHOPPING 

RJS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY RJS ON THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that RJS’s sole and exclusive maximum liability arising from any product sold by RJS on the Site shall be the price of the product ordered. 

IN NO EVENT SHALL RJS, ITS PARENT COMPANIES AND AFFILIATED ENTITIES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE. 

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, RJS shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. RJS shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, RJS will issue a credit to your credit card account in the amount of the charge. 

Your receipt of an electronic or other form of order confirmation does not signify RJS's acceptance of your order, nor does it constitute confirmation of RJS's offer to sell. RJS reserves the right at any time after receipt of your order to accept or decline your order for any reason. RJS reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment. RJS may require additional verifications or information before accepting any order. RJS may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you. 

All requests for service and support should be made directly to the manufacturer in accordance with their terms and conditions. 

INDEMNIFICATION 

You agree to indemnify, defend and hold harmless, RJS, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you. RJS reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with RJS in asserting any available defenses. 

LIMITATION OF LIABILITY/DISCLAIMER 

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site. 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER RJS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

You specifically acknowledge and agree that RJS is not liable for any defamatory, offensive or illegal conduct of any user. 

RJS also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or your downloading of any Materials from the Site. 

RJS does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable. 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT 

If you believe that material posted on the Site infringes your copyrights, you should follow the following procedures, which are set forth in the Digital Millennium Copyright Act (DCMA),

Notice of the claimed infringement must be submitted to the Site's Designated Agent. 

Service Provider: RJS Media and Technology Group 

Designated Agent: Henry Lockhart

Address of Designated Agent: 401 E Las Olas Blvd, Suite 130-232, Fort Lauderdale, FL 33301. 

Telephone Number of Designated Agent: (866) 350-6887

Facsimile Number of Designated Agent: (866) 350-6887 

E-mail Address of Designated Agent: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
 

To be effective, the notification must be in writing and include the following:

MISCELLANEOUS 

RJS makes no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Montana, without giving effort to any principles of conflicts of law. You agree that the state or federal courts located in Missoula, Montana shall have exclusive jurisdiction of any lawsuit arising in connection with these Terms of Service or your use (or nonuse) of the Site. 

Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported to re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 

These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Service is found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

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