1. Copyright Notice and Use of the Site. The contents of the Site are protected by the copyright and other laws of the United States, its treaty countries and other jurisdictions. You may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the content of this Site. You may download content from this Site solely for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Any copies of the content must include iBiquity’s copyright notice: © Copyright 2013 iBiquity Digital Corporation. All rights reserved.
Nothing in the Site constitutes an offer to sell any product or service, or a representation or warranty about any product or service. iBiquity does not guarantee that any particular HD Radio receiver product or automobile shown on the website is available for purchase, or is available at the price shown on the website.
iBiquity makes no representations whatsoever about any third party web site which you may access through the Site. When you access a third party web site, you agree that it is independent from iBiquity, and that iBiquity has no control over any content on that web site. In addition, a link to a third party web site does not mean that iBiquity accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.
3. Additional Terms for Forums, Blogs, and Other Social Media.
Our Site may provide one or more forums, blogs, or other interactive or social media features (“Forums”) for visitors to our Site to exchange information with each other and with iBiquity about HD Radio technology (the “Purpose”). If you use the Forums, in addition to any other terms we may require when you register to use the Forums or otherwise posted at or on the Forums, you agree to the following:
a. Restrictions. You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright and trademark laws. Except as permitted through a “Share” function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including any code or software we may provide.
b. Postings Not Necessarily the Opinion of iBiquity. Some of the individuals posting to Forums may work for iBiquity; however, opinions expressed here and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect the views of iBiquity.
c. Postings. Although we may attempt to keep objectionable messages off the Forums, it is impossible for us to review all messages. All messages express the views of the author, and iBiquity will not be held responsible for any message or associated content.
If you post any messages, upload files, input data, or engage in any other form of communication through the Forums (a “Posting”), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to make such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third party copyright, trade marks, any other intellectual property rights or any applicable law, and (e) you will indemnify iBiquity and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of this provision or your use of the Forums. For the purposes of this section, references to “your use” of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer.
You take full responsibility for any and all messages and associated content you post to the Forums or exchange through the Forums.
When using the Forums and viewing Postings, you need to be aware of the following issues:
i. The Forums may include contributions from various sources over which iBiquity has no control (including any content submitted by third party users).
ii. iBiquity may not pre-screen or exercise editorial control over Postings, and takes no responsibility for such Postings.
iii. iBiquity reserves the right to edit or remove Postings at any time and in its sole discretion, including those that are in breach of these Terms or in breach of any obligation of confidentiality you owe, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums. iBiquity will not be liable in relation to the removal of, or failure to remove, any Postings.
d. Messages to Registered Users. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (1) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (2) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.
e. License. By adding a Posting to the Forum, you are granting iBiquity a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Posting, (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Posting without restriction, and (c) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, or patent laws under any relevant jurisdiction without iBiquity owing any monies to you whatsoever.
f. Posting Guidelines. Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines.
5. Disclaimer. The materials on the Site and on the Forums are provided "as is" and without warranties of any kind either express or implied. Commentary and other materials posted on the Site and Forums are not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any such reliance.
To the fullest extent permissible pursuant to applicable law, iBiquity disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. iBiquity does not warrant that the Site or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, or the server that makes it available, are free of viruses or other harmful components. iBiquity does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of correctness, accuracy, timeliness, reliability, or otherwise.
6. Limitation of liability. Under no circumstances, including, but not limited to, negligence, shall iBiquity or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that arise or result from or are related to the use of, or the inability to use, the Site or any of the Postings made available on or through the Site. Under no circumstances shall iBiquity’s aggregate liability exceed $5.00. You specifically acknowledge and agree that iBiquity and its affiliates are not liable for any defamatory, offensive or illegal conduct of any user of the Site or any posting to the Site. If you are dissatisfied with the Site or any materials made available by or through the Site, or with these Terms, your sole and exclusive remedy is to discontinue using the Site.
7. Modification & Termination. These Terms are effective until modified or terminated by iBiquity. iBiquity may modify these Terms from time to time and the new Terms will be effective when posted to the Site. iBiquity may also terminate these Terms at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities, and set forth in these Terms, shall survive.
8. General. These Terms shall be governed by and construed in accordance with the laws of the State of Maryland without giving effect to any principles or conflicts of law. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Effective: September 16, 2013