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WEB SITE TERMS AND CONDITIONS OF USE
Welcome to the www.Station112.com website ("Station112"), operated by Timothy Shay
(doing business as TwoShay Software & Consulting). For the purposes of
this document, references to Station112, 'this website', 'the site', and references
to the site 'operator', or 'administrator' are synonymous. Please read these Terms
of Use and the accompanying Privacy Policy carefully before using this Website and/or
submitting any personal information that could identify you (including but not limited
to name, address, telephone number and email address). By using this Website, you
signify your agreement to these Terms of Use and the Privacy Policy. If you do not
agree to these Terms of Use and/or the Privacy Policy, do not access, use or link to this Website.
COPYRIGHT AND TRADEMARKS: The name and logos for the www.Station112.com website
are the trademarks of Station112. All materials, including but not limited
to text, images, audio and video clips, animation, diagrams, photographs and any and all
information of any kind in any form (the “Materials”), incorporated into, published
or otherwise exhibited on this Website are protected by copyright or other intellectual
property rights and are owned and controlled by Station112 or third parties who
have licensed Station112 the right to include the Materials in this Website. Material on this website is made available solely for your personal,
non-commercial use. Any
copying, reproducing, republishing, uploading, posting, modifying or transmission
or distribution of any Materials without the express prior
written consent of the copyright owner is strictly prohibited and will be considered a
violation of intellectual property rights and could result in legal liability and/or
criminal sanction.
MUSIC AND ALBUM IMAGES: All music and album art presented
on Station112 is subject to copyright and is meant for your personal enjoyment only.
Copying, distributing or relaying this material to others via any means without
the express prior written consent of the copyright owner(s) is considered a copyright
infringement and a violation of copyright law and can be prosecuted to the full
extent of U.S. and International Laws.
DISCLAIMER: The Material provided on this Website are for informational, educational
and/or entertainment purposes only. Station112 makes no warranties regarding the
reliability, truthfulness, accuracy or completeness of any Materials. Unless otherwise
stated expressly, any opinion, view or idea expressed in any article, review or
story, or any content contributed or published by visitors in chat rooms or on bulletin
boards or otherwise disseminated or sent to Station112 or others on or via this
Website (“Visitor Content”) is the author’s own and does not reflect the views of
the website operator or affiliated and related entities, or its partners, sponsors,
advertisers or content providers. Neither Station112, its affiliated and related
entities, partners, advertisers, sponsors or content providers are liable to any
person or entity whatsoever for any loss, damage, injury, liability, claim or any
other cause of action of any kind arising from the use, dissemination of or reliance
on any Materials or Visitor Content provided on this Website. You agree to use this
Website entirely at your own risk. Station112 and its affiliated and related entities,
its partners, advertisers, sponsors and content providers disclaim all warranties,
express or implied, including but not limited to implied warranties of merchantability
and/or fitness for a particular purpose or that the Website will function error
free or uninterrupted or that this Website or the servers that make it available
for use are free of viruses or defects. Station112 and its affiliated and related
entities, its partners, advertisers, sponsors and content providers shall not be
held liable for any information, services or products that are provided or offered
by websites that are linked to this Website. The links to other websites are provided
only as a convenience to you and do not constitute any endorsement of the linked
websites or any information, services or products that are provided or offered by
the linked websites. You agree that you use any linked websites entirely at your
own risk.
VISITOR CONTENT AND INDEMNIFICATION: Any communication which you post to any path, directory, extension subdirectory,
subdomain and/or any other portion of the Site or transmit to the Administrator
or to the Site by e-mail or other medium can be used by the Administrator on a royalty-free,
perpetual, irrevocable, nonexclusive license with the right to reproduce, modify,
publish, edit, translate, distribute, perform, and display the communication alone
or as part of other works in any form, media, or technology whether now known or
hereafter developed, and to sublicense such rights through multiple tiers of sublicenses. By submitting Visitor Content to the Website,
you agree to represent and warrant that such Visitor Content shall not contain material that is copyrighted (unless you are the copyright
owner or have the permission of the copyright owner to post it), any
libelous, defamatory, obscene, illegal, threatening or abusive materials and shall
not infringe any intellectual property right, privacy, publicity rights, or any other right of any person
or entity and shall not breach any law. You must not post a sexually-explicit image or message, post advertisements or solicitations
of business (except where
explicitly allowed), post chain letters or pyramid schemes; or impersonate another person. By visiting and using this Website, you signify
your agreement to save Station112, its affiliated and related entities, its officers,
directors and employees harmless from any and all damages, legal actions or causes
of action that may now or hereinafter arise as a result of your use of the Website, your breach of these Terms of Use,
or any representations and warranties related to the Visitor Content.
As a user, you retain the sole responsibility for the result of your actions through
the website's provided services.
Station112 does not represent or guarantee the truthfulness, accuracy, or
reliability of any communications posted by other users of the Site or endorse any
opinions expressed by users of the Site. You acknowledge that any reliance on material
posted by other users of the Site will be at your own risk.
The Administrator does not screen all communications in advance and is not responsible
for screening or monitoring material posted by users of the Site. If notified of communications which allegedly do not conform to this agreement, the Administrator
may investigate the allegation and determine in good faith at his sole discretion
whether to remove or request the removal of the communication. The Administrator
has no liability or responsibility to users of the Site for performance or nonperformance
of such activities. The Administrator reserves the right to expel users of the Site
and prevent their further access to the Site for violating this agreement or any
law or regulation, and also reserves the right to remove communications which, in
the operators opinion, are inappropriate,
abusive, illegal, or disruptive. Incidents that, in the opinion of the site
operator or the opinion of users contacting the operator, are a serious infraction
of copyright or other legal constraints may result in posted content and any information
collected by Station112 under the privacy policy being forwarded to law enforcement
officials for investigation.
LINKING TO STATION112: This website may be linked by third
party Web sites. You may copy site logos and trademark images to display for this
purpose. By linking to the website, you agree
to abide by the Terms Of Use.
You may not 'adorn' the link in such a way as
to imply an endorsement, ownership and/or sponsorship of the website or materials contained on the website. By linking
to the site, you agree that the Terms Of Use superceed
any and all terms stated or implied on third party web site(s) containing the link.
By linking the website,
you agree to relinquish any and all claims of ownership, rights
to use, permissions and/or licenses to the intellectual property rightfully owned
by the website.
SYSTEM MONITORING AND SECURITY:
Information from this server resides on a computer system owned and operated by Station112.
The use of this system may be monitored for computer security purposes. Any unauthorized
access to or use of
this system is prohibited and is subject to criminal and civil penalties
under Federal Laws including but not limited to Public Laws 83-703 and 99-474. As a condition
of your use of the Station112 services, you will not use the services for any purpose that
is unlawful or prohibited by these terms, conditions, and notices.
SCOPE AND JURISDICTION: This Website is owned and controlled
by Timothy Shay, doing business as TwoShay Software and Consulting in the state
of North Carolina, USA. This Website is presented solely for informational,
educational and entertainment purposes to visitors. Neither Station112 nor its affiliated or related entities
make any representation, express or implied, that this Website will be available
for use in or comply with the law of any country other than the United States. By using this
Website, you agree that these Website Terms of Use and Privacy Policy shall be governed,
construed and enforced in accordance with the laws of the county and/or state of Rowan County, North Carolina,
and
you submit to the jurisdiction of the courts of such province. Failure
to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of such right or provision. If any provision of the
Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other provisions
of the Terms of Use remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Site or the Terms of Use must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate
liability for Station112 or its operator to you for all claims arising from the use of the
Materials (including Software) is limited to $0.01.
EFFECTIVE DATE AND CHANGES: Effective June 23, 2006, these
Terms of Use constitute the entire agreement between you and Station112 and
govern your use of the Site, superseding any prior agreements between you and Station112.
Station112 shall have the right, at its sole discretion, to modify, add or
remove any terms or conditions of these Terms of Use without notice or liability
to you. Any changes to these Terms of Use shall be effective immediately following
the posting of such changes on this web site. The most recent version of these Terms
of Use may always be found at:
http://www.station112.com/TermsOfUse.aspx
You agree to review these Terms of Use from time to time and agree that any subsequent
use by you of this web site following changes to these Terms of Use shall constitute
your acceptance of all such changes.
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