WERK/WURK (“STATION”) AND http://werkradio.com (“WEBSITE”)
TERMS OF USE

Last updated: February 26, 2009

Welcome to http://werkradio.com!  This site is owned by WERK/WURK. WERK/WURK provides this Website and related services for your personal non-commercial use only, and subject to your compliance with this Terms of Use Agreement (the “Agreement”).  Before using this website, please carefully read this Agreement, as well as the current Website Privacy Policy (the “Privacy Policy”), which is incorporated by reference.  Your use of this Website constitutes your acceptance to be bound by this Agreement and the Privacy Policy without limitation, qualification or change.  If at any time you determine that you do not accept all the terms and conditions of this Agreement and the Privacy Policy, you must immediately discontinue use of this Website.

Certain products or services offered by this Website (each a “WERK/WURK Internet Service”, and collectively “WERK/WURK Internet Services”), and certain areas within this Website may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services.  You must agree to these Additional Terms before using those areas or WERK/WURK Internet Services.  The Additional Terms and this Agreement shall apply equally.  In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control. 

YOU MAY NOT USE THIS WEBSITE OR ANY BACKYARD BROADCASTING HOLDINGS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT THE PRIVACY POLICY, AND/OR ANY APPLICABLE ADDITIONAL TERMS.  YOUR ACCESS TO ANY WERK/WURK WEB SITE MAY BE TERMINATED IMMEDIATELY IN WERK/WURK’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR FOR NO REASON.

Some parts of this Website may contain adult content intended for people who are at least 18 years old.  By viewing this adult content, you are representing that you are at least 18 years old 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 Website content.

Changes to this Agreement, the Privacy Policy, and/or Applicable Additional Terms

WERK/WURK reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement, any Additional Terms, and/or the Privacy Policy at any time.  If we make any substantial changes to this Agreement, any Additional Terms, and/or the Privacy Policy, we may notify you by posting a prominent announcement on the Website.  However, we encourage you to check this Agreement, any Additional Terms, and the Privacy Policy often for updates.  Your continued use of this Website after the date of any changes to the Agreement, any  Additional Terms, and/or the Privacy Policy (which will appear at the top of the respective documents) will constitute your acceptance and agreement to be bound by those changes without limitation, qualification or change.  If at any time you determine that you do not accept these changes, you must immediately discontinue use of this Website and/or the WERK/WURK Internet Service to which the changes apply.

Privacy, Children’s Privacy, and Protection of Personal Information

WERK/WURK has developed a Privacy Policy in order to inform you of its practices with respect to the collection, use, and disclosure of personal information.  You can find this Policy by clicking here

Neither this Website nor any WERK/WURK Internet Service is directed to children younger than 13 years old, nor does WERK/WURK knowingly collect any personal information from such children.  It is the policy of WERK/WURK to delete immediately any personal information concerning a child upon discovery.  When a user discloses personal information on the Website or with respect to any WERK/WURK Internet Service, he or she is representing his or her age as at least 13 years. 

Consistent with the Privacy Policy, WERK/WURK reserves the right to disclose personal information as required or authorized by applicable law.

Accounts, Security, Passwords

If the Website or WERK/WURK 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.  The completeness and accuracy of your registration data is your responsibility, and any loss caused by your failure to ensure the completeness and accuracy of this information 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 and any loss caused by your failure to do so is your responsibility.  Additionally, you are entirely responsible for any and all activities that occur under your account.  You agree to notify WERK/WURK immediately of any unauthorized use of your account.  WERK/WURK 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 Privacy Policy or the Additional Terms governing the particular WERK/WURK Internet Service, as applicable.

Fees

Except where otherwise provided herein or in the Privacy Policy, access to and use of this Website and the WERK/WURK Internet Services offered through this site are currently available without charge.  WERK/WURK reserves the right to charge a fee for access to or use of this Website, or any WERK/WURK Internet Service available on this Website, at any time in the future.  Your access to or use of this Website before such time does not entitle you to use of this Website without charge in the future.

Use of Intellectual Property

The Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, WERK/WURK logos, titles, characters, names, graphics and button icons  (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries.  The Intellectual Property is owned or controlled by WERK/WURK or by other parties that have provided rights thereto to WERK/WURK. 

You may not, and agree that you will not, except for personal, non-commercial purposes, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Website, in whole or in part, without the express written permission of WERK/WURK. 

Other trademarks, service marks, product names and company names or logos appearing on this Website that are not owned by WERK/WURK may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not hyperlink to or frame this Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Website in an e-mail for commercial purposes, without the express written permission of WERK/WURK.

Procedure for Making Claims of Copyright Infringement

WERK/WURK respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (“DMCA”) regarding such rights. By submitting any material to this WERK/WURK Website, you are granting permission to have this material posted on this WERK/WURK Website, and you are representing that you are the rightful owner of the submitted material and that no one else may claim rights to this material.  WERK/WURK reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights WERK/WURK may have under law or contract.  You can find our procedures for providing notice of alleged copyright infringement at the bottom of this page. If you believe that this Website is providing access to infringing material, please use this link to contact us. 

 

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE WERK/WURK WEB SITE AND/OR ANY WERK/WURK INTERNET SERVICE IS AT YOUR OWN RISK.  ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WERK/WURK WEB SITE OR ANY WERK/WURK INTERNET SERVICE, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WERK/WURK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.  WERK/WURK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WERK/WURK WEB SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WERK/WURK WEB SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.  WERK/WURK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WERK/WURK WEB SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED.

Limitations on Liability

In no event shall WERK/WURK, its subsidiaries, affiliates, parent companies, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Website or any information, software, products, services, and related graphics obtained through the Website; (vi) any transactions entered into through this Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Website and WERK/WURK Internet Services.  The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if WERK/WURK has been advised of the possibility of damages. 

Links

This Website may contain links to websites operated by third parties.  WERK/WURK does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any of the content uploaded, displayed or distributed, or products, or services available at these sites.  If you choose to access any third party site, you do so at your own risk.  The presence of a link to a third party site does not constitute or imply WERK/WURK’s endorsement, sponsorship, or recommendation of the third party or of the content, products or services contained on, or available through, the site.

Software Available Through Website

Any software that is made available to view and/or download in connection with a WERK/WURK Internet Service (“Software”) is owned or controlled by WERK/WURK and/or its licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions.  Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software.  WERK/WURK accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

Third Party Merchants

This Website may permit you to order and receive products, information and services from businesses which are not owned or operated by WERK/WURK.  The purchase, payment, warranty, guarantee, delivery, maintenance and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses.  WERK/WURK does not endorse, warrant or guarantee such products, information or services and is not liable for the accuracy, completeness or usefulness of such information, opinion or advice or the quality or availability of such products or services.  WERK/WURK will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products, services or information, or for ensuring the confidentiality of your credit card information.  Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the WERK/WURK Internet Service.

 

Modification/Termination by WERK/WURK

WERK/WURK reserves the right, in its sole discretion, to modify, suspend, or terminate this Website and/or any portion thereof, including any WERK/WURK Internet Service, and/or your account, password, or use of any WERK/WURK Internet Service, or any portion thereof, at any time for any reason, or no reason, with or without notice to you.

Any termination of your account for a WERK/WURK Internet Service removes your authorization to use the WERK/WURK Internet Service.  In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability.  Additionally, WERK/WURK shall not be liable to you or any third-party for any termination of your access to a WERK/WURK Internet Service.

Indemnification

You agree to indemnify, defend, and hold harmless WERK/WURK, its subsidiaries, agents, parent companies, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Website and any related WERK/WURK Internet Service and/or Software.  WERK/WURK reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with WERK/WURK in asserting any available defenses.

International Use/U.S. Export Controls

Accessing the materials on this Website by certain persons in certain countries may not be lawful, and WERK/WURK makes no representation that materials on this Website are appropriate or available for use in locations outside the United States.  If you choose to access this Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this Website.  No software or any other materials associated with this Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials.  By using and/or downloading any such materials from a Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

General Information

This Agreement, any Additional Terms, and the Privacy Policy shall be governed by, construed and enforced in accordance with the laws of the State of Indiana, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.  You agree that any cause of action you or WERK/WURK brings to enforce this Agreement, any Additional Terms, and/or the Privacy Policy, or in connection with any matters related to this Website and/or a WERK/WURK Internet Service, shall be brought only in either the state or Federal courts located in Jacksonville, Florida.  You agree to submit to the personal jurisdiction of the courts of the State of Florida for any cause of action arising out of this Agreement, any Additional Terms, and/or the Privacy Policy, or in connection with any matters related to this Website and/or a WERK/WURK Internet Service, You agree to file any cause of action with respect to this Agreement, any Additional Terms, and/or the Privacy Policy, or in connection with any matters related to this Website and/or a WERK/WURK Internet Service, within one year after the cause of action arises.  You agree that a cause of action filed after this date is barred.

If any provision of this Agreement, any Additional Terms, and/or the Privacy Policy, or the application thereof to any person or circumstances, is held invalid or for any reason unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement, the Additional Terms, and/or the Privacy Policy shall remain in full force and effect.  The failure of either party to insist upon strict performance of any provision of this Agreement, the Additional Terms, and/or the Privacy Policy shall not be construed as a waiver of any provision or right.  Unless expressly provided otherwise, this Agreement, any Additional Terms, and the Privacy Policy constitute the entire agreement between you and WERK/WURK with respect to the use of this Website and shall not be modified except in writing, signed by an authorized representative of WERK/WURK. 

Contact

If you have questions concerning this Agreement, any Additional Terms, the Privacy Policy, and/or the Website, you may send them by e-mail to steve.lindell@bybradio.com.  You must send any official correspondence via postal mail to: Web Administrator

Steve Lindell

800 East 29^th Street

Muncie, IN 47302