Last modified: May 1, 2018
The terms and conditions (“Terms and Conditions”) set forth below govern the use of this website (the “Website”) and are legally binding on you. The words "user," "you" and "your" mean users of the Website and the words "we," "us" and "our" mean Kathryn Williams d/b/a Radio Gabriel. Any additional terms applicable to specific areas of the Website, which are posted in those areas, are incorporated within these Terms and Conditions.
BY USING THE WEBSITE, YOU AGREE TO BE BOUND TO THESE TERMS AND CONDITIONS, AS THEY MAY BE UPDATED FROM TIME-TO-
TIME. USE OF THE WEBSITE IS PERMITTED ONLY UNDER THE FOLLOWING TERMS.
All content available on this Website (“Content”) is our property or licensed by us from third parties and may be used only for lawful purposes in accordance with this Agreement. Unauthorized use of such Content may violate copyright, trademark and other laws. "Content" includes, but is not limited to, text, recordings, audio, graphics, photos, videos, images, brands, logos, trademarks, documents, forms, blogs, commentaries, reviews, software, code, data and information.
Without limiting anything set out elsewhere in these Terms and Conditions, the Website shall not be used to post, transmit, display, publish, distribute or otherwise exploit content, information or other materials that:
(i) violate these Terms and Conditions;
(ii) infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others;
(iii) are fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful or embarrassing to another user, anyone affiliated with us or any other person or entity, including sexually-explicit or parody images or text, chain letters or pyramid schemes; or
(iv) violate applicable federal, state, local, foreign or international laws, rules and regulations, including consumer protection, privacy and trade laws and regulations.
You agree not to:
(i) send, receive, upload, download, use or re-use anything through the Website that does not comply with these Terms and Conditions;
(ii) use the Website to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter," "spam" or any other similar solicitation;
(iii) engage in any conduct that could disable, overburden, damage, or impair the Website, or interfere, restrict or inhibit anyone's use or enjoyment of the Website, or which, as determined solely by us, may harm us or users of the Website or expose them to liability;
(iv) use any robot, spider, avatar, intelligent agent or other automatic device, process or means to access the Website for any purpose, such as monitoring or copying any of the Content on the Website;
(v) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
(vi) disrupt, overwhelm, attack, modify, decipher, decompile, reverse translate, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way;
(vii) introduce to the Website any viruses, Trojan horses, worms, logic bombs or other code, software or material that is malicious or harmful;
(viii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
(ix) attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
(x) attempt to investigate, scan or test the vulnerability of a system or a network associated with the Website; or
(xi) delete or alter any content or information available through the Website.
The Website may include inaccuracies or errors that affect the quality of the Content, for which we are not liable, nor do we warrant as to the timeliness of the Content.
Intellectual Property Rights
We hereby grant you a personal, non-transferable, limited, non-exclusive, revocable license to access and use the Content on the Website, and to make copies of that Content solely for your own non-commercial purposes. You may not sublicense, assign or otherwise transfer these rights.
You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on the Website, except that:
(i) You may access the Website using a computer or device that temporarily stores copies of such Content incidental to your accessing and viewing the Content;
(ii) Your computer or device may temporarily store files that are automatically cached by a web browser for display enhancement purposes; and
(iii) You may print or download one copy of a reasonable number of pages of the Website for lawful, personal, non-commercial use and not for further reproduction, publication or distribution, as expressly permitted by and subject to the restrictions contained in this Agreement.
Copyright and other proprietary notices must not be removed from any Content or copies thereof.
The names, trademarks, service marks, trade dress, logos and other indicia of origin (collectively, "Marks") that appear on the Website are owned by us or third parties. No license or right to use any such Marks is granted, whether by implication or otherwise, and any use of the Marks contained on the Website is expressly prohibited unless authorized in writing by the owner of the Mark. All rights not explicitly granted herein by us are reserved.
The Website, its Content, software and services, and all other information available via the Website (collectively, "Materials"), are provided on an "as-is" and "as available" basis without representations or warranties of any kind. Use of the Materials is at your own risk. You assume sole and full responsibility for any decision and/or action undertaken with respect to any of the Materials. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express or implied, including the warranties of merchantability, non-infringement and fitness for a particular purpose, and make no warranties about the accuracy, reliability, completeness, timeliness, intent, usefulness, efficacy or safety of any Materials.
We make no representation or warranty:
(i) that the Materials will satisfy any requirements;
(ii) that the Materials will be available on an uninterrupted, timely, secure or error-free basis;
(iii) as to the quality of the Materials or that the Materials will meet expectations;
(iv) that the Materials will be without defect or error, or that any defects or errors in the Materials will be corrected;
(v) that the Materials will be accurate, reliable and free of viruses or other harmful code;
(vi) that the Materials will be complete, legal or safe; or
(vii) that any of the Materials is appropriate or may be used in any jurisdiction within or outside the United States.
Both the use of and any reliance upon the Materials are at your own risk. If you are dissatisfied with the Materials, or with any of the terms of these Terms and Conditions, your sole and exclusive remedy is to discontinue use of the Materials and the Website.
UNDER NO CIRCUMSTANCES SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ALL SERVICES AND MATERIALS AND THESE TERMS AND CONDITIONS EXCEED $100.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT, AND WILL NOT BE, LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THESE TERMS AND CONDITIONS, OR FROM THE WEBSITE OR ANY SERVICES OR MATERIALS, INCLUDING DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, SUCH AS, BY WAY OF EXAMPLE ONLY, LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA OR INTERRUPTION OF BUSINESS.
THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
YOU SHALL REMAIN FULLY LIABLE TO US WITHOUT EXCEPTION FOR ANY BREACH, DEFAULT OR VIOLATION OF THESE TERMS AND CONDITIONS, AND YOUR USE OF THE WEBSITE, AND ANY AND ALL LOSSES INCURRED BY US IN CONNECTION WITH YOUR USE OF THE WEBSITE.
You will defend, indemnify, and hold harmless us, our suppliers, and our and their affiliates, and our and their respective officers, directors, employees, agents, licensors and suppliers, from and against any and all harm, losses, damages, costs, expenses (including court and attorneys' fees), claims, actions, demands, liabilities and settlements arising out of or in connection with, or alleged to result from, any (i) submissions you make through the Website; (ii) your unauthorized use of the Website; or (iii) your breach, default or violation of these Terms and Conditions.
Term and Termination
These Terms and Conditions apply to all access to and use of the Website and will continue as long as you access or use the Website. We may terminate these Terms and Conditions and your access to the Website at any time. Terms that by their nature are intended to survive the termination of these Terms and Conditions shall survive such termination.
We may at any time revise any of the terms that comprise these Terms and Conditions by posting such revised terms on the Website. The revised terms will be effective immediately upon posting and will thereby amend the terms of these Terms and Conditions. Continuing to use the Website after such revised terms are posted constitutes acceptance of the revised terms.
Entire Agreement. These Terms and Conditions constitute the entire agreement between user and us with regard to the subject matter herein.
Waiver. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Severability. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Force Majeure. No party will be liable for any delay or for failure to perform its obligations under these Terms and Conditions resulting from any unanticipated cause beyond its reasonable control, which may include but are not limited to: acts of God; Internet failures or inefficiencies; severe weather; fire; explosions; floods; strikes; work stoppages; slowdowns or other industrial disputes; accidents; riots or civil disturbances; acts of war, sabotage or terrorism; and acts of government.
Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms and Conditions or use of the Website must be filed within one (1) year after such claim or cause of action arose.
Interpretation. Section headings are for convenience only and have no legal or contractual effect. The term "including" shall be construed exclusively to mean "including without limitation" or "including but not limited to."
Electronic Copies. These Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Acknowledgement. Access to the Website or any Content or Materials may not be legal by certain persons, or in certain jurisdictions. You assume full responsibility for complying with the laws, rules and regulations of your jurisdiction. These Terms and Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Export Laws. You will comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re-export, or allow the export or re-export, of any product, technology or information obtained or acquired in connection with the Website in violation of any such laws, restrictions or regulations.
Governing Law. These Terms and Conditions are governed by the internal substantive laws of the State of New York, without regard to its conflict of law principles.
Jurisdiction. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state or federal courts in New York County, New York State. You waive any claim of inconvenient forum.
No Joinder. To the fullest extent permitted by applicable law, no claim under these Terms and Conditions may be joined to any other claim, including any legal proceeding involving any other current or former user of the Website, and no class action proceedings will be permitted.
If you have any questions or comments, please contact us at: kathryn(at)radiogabriel.com.