THIS AGREEMENT GOVERNS YOUR USE OF THE ACADEMIC RADIO WEBSITE.
This website is owned and operated by The Acappella Partnership LLC, A California Corporation (aka “Academic Radio,” "AcademicRadio.Com," "ARC" and TANGO). Your access and use of this website is provided by The Acappella Partnership LLC on the condition that you accept these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.
Academic Radio may revise and update these Terms of Use at anytime and without notice. We would ask that you review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.
You may not interfere with the security of or otherwise abuse this website or any system resources, services or networks connected to or accessible through this Web site. You may only use this website for lawful purposes.
Intellectual Property
All “resources” (i.e. such as this website, the contents of the ARC Store, TANGO software, the ARC Wiki software, the content of the ARC online magazine (After Hours) and the Editor’s Blog) are the property of Academic Radio and/or various authors, associations, institutions and businesses with which ARC may have gained licensing rights for the use of selected property. These resources are protected by intellectual property laws including laws relating to copyright, trademark, tradenames, internet domain names and other similar rights. Your use of the resources on this site is permitted only with written permission of the owner of the resource. Some of the resouces on AcademicRadio.Com and TANGO are for sale via the ARC Book Store. Those resources cannot be modified and the copyright and other intellectual property notices attached to these products and a related digital media file cannot be deleted. You may not create derivative works from or otherwise exploit these resources in any way. You may not transfer any of the resources to another person without the expressed written permission of Academic Radio and the copyright holder.
By purchasing a resource from this website, you warrant to Academic Radio that The Acappella Partnerhship LLC owns or has licensed the technology, software and intellectual expertise that allows the end user to download files to a computer or iPod or similar device. You also warrant that you accept the product ‘as is.’ You also warrant that any remedies for the a technological failure of a download will result in accepting by standard mail to you, via the U.S. Postal Service, an authentic version of the product purchased. No cash money will be returned to you upon the purchase of any product. The use of the free resouces on Academic Radio may be subject to trademark, copyright and licensing agreements to which ARC is may or may be a party. You may inquire of ARC to understand this issue further. You may not sale, resale the the free ARC resources nor use them commercially without the expressed written permission of both Academic Radio and the copyright holder. Privacy
Academic Radio is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a website privacy commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy notice for details.
Completeness of the Website
Academic Radio updates the information on this website regularly. However, Academic Radio cannot guarantee or accept any responsibility or liability for the accuracy or completeness of the information on this website. Academic Radio may revise, supplement or delete information, services and/or the resources contained in the website and reserves the right to make such changes without prior notification to past and current visitors. Academic Radio does work diligently to maintain a website with authentic information with bona fide services.
Linked Web sites
This website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Academic Radio monitors or endorses these websites. Academic Radio does not accept any responsibility for linked third party websites. Academic Radio will not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website - though we strive daily to monitor and protect this website against all damaging computer programs. Academic Radio will not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. Academic Radio recommends that you install appropriate anti-virus or other protective software.
Web Site and Materials Provided "As Is"
THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ACADEMIC RADIO DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL ACADEMIC RADIO OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Academic Radio, TANGO and it's parent company harmless against all claims or liability asserted against Academic Radio arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
Notice and Procedure for Making Claims of Infringement
Academic Radio respects the copyright of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Academic Radio with a written communication addressed to our Managing Partner including substantially the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Web site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please address your letter to our Managing Partner as follows:
David Livingston Ph.D
The Acappella Partnership LLC
15423 Feldspar Drive
Chino Hills, CA 91709
Email
Please email at Academic Radio through the Support page. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Academic Radio is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via email that:
(a) Academic Radio has no obligation concerning such information;
(b) the information is non-confidential;
(c) Academic Radio may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
(d) the information is truthful and disclosure of the information does not violate the legal rights of others.
Applicable law
This website is controlled, operated and administered by the Acappella Partnership LLC (aka Academic Radio, TANGO, ARC and AcademicRadio.Com) from within the United States of America in the State of California, as a California Limited Liability Partnership. This website can be accessed from all States comprising the United States as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of California, by accessing this website, you acknowledge and agree that all matters relating to access to, or use of this website shall be governed by the laws of the State of California and the Federal laws of the United States of America.
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of California and acknowledge that you do so voluntarily.
General
Academic Radio’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. This Terms of Service applies only to www.academicradio.com and shall be viewed as separate and distinct from the TANGO Terms of Services listed at tango.academicradio.com. Contact
If you have concerns relating to this website or these Terms of Use, please contact Academic Radio at the Academic Radio Support window. What This Terms of Service is Not The statement of the Terms of Service concerns a Member, Guest or Friend of Academic Radio use of the ARC website. This Terms of Service Agreement is not a contract between businesses, institutions, associations, vendors or persons working for or in accord with The Acappella Partnership LLC.
|
