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Welcome to X Rock Radio
The Best Rock Radio Station
in WVa.

Terms of Service

  

Terms of Service

TROPICAL WINDS PRODUCTION - X ROCK RADIO MEDIA, INC

TERMS OF SERVICE

UPDATED AS OF APRIL 22, 2018 

AGREEMENT BETWEEN USER AND TROPICAL WINDS PRODUCTION - X ROCK RADIO

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY TROPICAL WINDS PRODUCTION - X ROCK RADIO SITE OR APPLICATION.

This site or application is owned or managed by Tropical Winds Production - X Rock Radio Media Inc. (“Tropical Winds Production - X Rock Radio “) and is part of the Tropical Winds Production - Rock 104.1 

Tropical Winds Production - X Rock Radio provides this Tropical Winds Production - X Rock Radio Site and related services for your personal non‐commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using any Tropical Winds Production - X Rock Radio Site. Your use of this Tropical Winds Production - X Rock Radio Site constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Tropical Winds Production - X Rock Radio Site. This Agreement sets forth Tropical Winds Production - X Rock Radio’s policies with respect to its operation of the Tropical Winds Production - X Rock Radio Sites. Other policies govern Tropical Winds Production - X Rock Radio’s non‐Internet operations.

Certain products or services offered by this and/or other Tropical Winds Production - X Rock Radio Sites (each a “Tropical Winds Production - X Rock Radio Internet Service,” and collectively “Tropical Winds Production - X Rock Radio Internet Services”), and certain areas within this and/or other Tropical Winds Production - X Rock Radio Sites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or Tropical Winds Production - X Rock Radio Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or Tropical Winds Production - X Rock Radio Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

By using this Tropical Winds Production - X Rock Radio Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this Tropical Winds Production - X Rock Radio Site (collectively, “Device”); and (d) you will access and use this Tropical Winds Production - X Rock Radio Site in accordance with this Agreement.

Some parts of this Tropical Winds Production - X Rock Radio Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Tropical Winds Production - X Rock Radio Site content.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Tropical Winds Production - X Rock Radio Sites and receipt of data, materials and information available at or through the Tropical Winds Production - X Rock Radio Sites, the possibility of our use or display of your Submissions (as defined in Section 4 below) and the possibility of the publicity and promotion from our use or display of your Submissions.

MOBILE DEVICES

If permitted or available through the applicable Tropical Winds Production - X Rock Radio Internet Service, to (a) upload content to this Tropical Winds Production - X Rock Radio Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this Tropical Winds Production - X Rock Radio Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which Tropical Winds Production - X Rock Radio makes the Tropical Winds Production - X Rock Radio Internet Service available as well as any carrier services

necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Tropical Winds Production - X Rock Radio Internet Service, including, but not limited to, if this Tropical Winds Production - X Rock Radio Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Tropical Winds Production - X Rock Radio Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Tropical Winds Production - X Rock Radio’s or this Tropical Winds Production - X Rock Radio Site’s operations or the Tropical Winds Production - X Rock Radio Internet Service. Any equipment or software causing interference will be immediately disconnected from the Tropical Winds Production - X Rock Radio Internet Service and Tropical Winds Production - X Rock Radio will have the right to immediately terminate this Agreement. If any upgrade in or to the Tropical Winds Production - X Rock Radio Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Tropical Winds Production - X Rock Radio Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the Tropical Winds Production - X Rock Radio Internet Service.

USE OF CONTENT

All information, materials, functions and other content (including Submissions, as defined in below) (“Content”) contained on any Tropical Winds Production - X Rock Radio Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Tropical Winds Production - X Rock Radio Site or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from any Tropical Winds Production - X Rock Radio Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Tropical Winds Production - X Rock Radio Site, except that where a Tropical Winds Production - X Rock Radio Site is configured to enable the download of particular Content, you may download one copy of such Content to a single Device for your personal, noncommercial use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re‐mailing” or high‐volume or automated use of any Tropical Winds Production - X Rock Radio Site is prohibited.

Any and all rights not expressly granted herein are reserved.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Tropical Winds Production - X Rock Radio Site, you warrant to us that you will not use the Tropical Winds Production - X Rock Radio Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Tropical Winds Production - X Rock Radio Site in any manner which could damage, disable, overburden, or impair the Tropical Winds Production - X Rock Radio Site or interfere with any other party’s use and enjoyment of the Tropical Winds Production - X Rock Radio Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Tropical Winds Production - X Rock Radio Sites.

YOU MAY NOT USE ANY TROPICAL WINDS PRODUCTION - X ROCK RADIO SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY TROPICAL WINDS PRODUCTION - X ROCK RADIO SITE MAY BE TERMINATED IMMEDIATELY IN TROPICAL WINDS PRODUCTION - X ROCK RADIO’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Tropical Winds Production - X Rock Radio has developed a Privacy Policy in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Policy, which is incorporated into this Agreement on any Tropical Winds Production - X Rock Radio Platform and by using this Tropical Winds Production - X Rock Radio Site you agree to the terms of the Privacy Policy.

ACCOUNTS, SECURITY, PASSWORDS

If a particular Tropical Winds Production - X Rock Radio Site or Tropical Winds Production - X Rock Radio Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be

asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Tropical Winds Production - X Rock Radio immediately of any unauthorized use of your account. Tropical Winds Production - X Rock Radio is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Tropical Winds Production - X Rock Radio Internet Service.

SUBMISSIONS

This Tropical Winds Production - X Rock Radio Site may offer certain Tropical Winds Production - X Rock Radio Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, ” Tropical Winds Production - X Rock Radio Interactive Services”). Additional Terms may cover Tropical Winds Production - X Rock Radio Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Tropical Winds Production - X Rock Radio Internet Services may change from time to time in Tropical Winds Production - X Rock Radio ‘s sole discretion. You may participate in the Tropical Winds Production - X Rock Radio Interactive Service by completing the registration form where one is provided.

In these Terms of Use, we use the word “Submissions” to mean text, messages, ideas, feedback, concepts, pitches, suggestions, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively “Distribute”) on or through a Tropical Winds Production - X Rock Radio Site using the Tropical Winds Production - X Rock Radio Interactive Services.

We do not claim ownership of the Submissions you provide, post, upload, input or submit to any Tropical Winds Production - X Rock Radio Site using the Tropical Winds Production - X Rock Radio Interactive Services. However, by posting, uploading, inputting, providing or submitting your Submission to a Tropical Winds Production - X Rock Radio Site through the Tropical Winds Production - X Rock Radio Interactive Services, you are granting us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non‐exclusive, irrevocable, fully‐paid, royalty‐free, sub‐licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on Tropical Winds Production - X Rock Radio Sites, Tropical Winds Production - X Rock Radio Interactive Services, on third‐party platforms, and on our radio stations) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).

By Distributing a Submission, you represent and warrant that the Submission and your communication thereof conform to the provisions set forth below and to the other requirements of these Terms of Use, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). Any violation of these provisions can subject your Tropical Winds Production - X Rock Radio account to immediate termination and, possibly, further legal action. These Terms of Use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this Tropical Winds Production - X Rock Radio Site, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this Tropical Winds Production - X Rock Radio Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to Submissions. Without limitation thereof, you agree that Tropical Winds Production - X Rock Radio, our affiliates and our licensees are free to use any ideas, concepts, know‐how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you. No compensation will be paid to you with respect to our use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide to us and we may remove any Submission at any time in our sole discretion.

By Distributing your Submission on a Tropical Winds Production - X Rock Radio Site, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to Distribute your Submission. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall not be liable to you or to any person claiming through you for our exploitation or disclosure of any Submission.

The information and opinions expressed in Submissions appearing on this Tropical Winds Production - X Rock Radio Site are not necessarily those of Tropical Winds Production - X Rock Radio or its content providers, advertisers, sponsors, affiliated or related entities, and Tropical Winds Production - X Rock Radio `makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for Submissions. Tropical Winds Production - X Rock Radio does not represent or guarantee the truthfulness, accuracy, or reliability of any Submission or determine whether the Submission violates the rights of others, and Tropical Winds Production - X Rock Radio has no control over whether such Submissions are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any Submission submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such Submissions. You acknowledge that this Tropical Winds Production - X Rock Radio Site is “public,” and in addition to the license granted to Tropical Winds Production - X Rock Radio, other users will have access to your Submissions and might copy, modify or distribute them.

If you are aware of any Submission on this Tropical Winds Production - X Rock Radio Site which violates these Terms, please contact us at support@Tropical Winds Production - X Rock Radio.com. Please provide as much detail as possible, including a copy of the underlying material, the location where Tropical Winds Production - X Rock Radio may find it, and the reason such Submission should be removed. Please note that filing a complaint will not guarantee its removal, Tropical Winds Production - X Rock Radio will only remove a Submissions if Tropical Winds Production - X Rock Radio believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”

CODE OF CONDUCT ON TROPICAL WINDS PRODUCTION - X ROCK RADIO SITES

The Tropical Winds Production - X Rock Radio Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). By using a Tropical Winds Production - X Rock Radio Site or the Communication Services, you agree that you will adhere to this Code of Conduct and use the Tropical Winds Production - X Rock Radio Site and Communication Services only to Distribute Submissions that are proper and related to the particular Tropical Winds P

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