Olivero Broadcasting GroupAcceptable Use Policy
THIS POLICY APPLIES TO ALL VISITORS AND END USERS ... Welcome Welcome to the website (the "Website") of the OLIVERO BROADCASTING GROUP ("OBG"). Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy, and the terms and conditions on the Website that govern particular offers or features (e.g. requests for information) ("Additional Terms and Conditions," together with these Terms of Use and the Privacy Policy, form the "Terms & Conditions") all of which collectively govern your use of and access to all of the Website and any and all content, data and information contained therein. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS LISTED IN THIS DOCUMENT AND ATTACHED DOCUMENTS, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE(S) OR ANY HOSTED OR OPERATED WEBSITES OR SERVERS BY OBG. EXIT HERE This site or application is owned or managed by Olivero Broadcasting Group. (“OBG”) and is part of the BHR Hosting family of companies. OBG provides this OBG 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 this OBG Sites. Your use of this OBG Sites 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 OBG Site. This Agreement sets forth OBG’s policies with respect to its operation of the OBG Sites. Other policies govern OBG’s non-Internet operations. Certain products or services offered by this and/or other OBG Sites (each a“OBG Internet Service,” and collectively “OBG Internet Services”), and certain areas within this and/or other OBG 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 OBG Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or OBG Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control. YOU MAY NOT USE ANY OBG SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY OBG SITE MAY BE TERMINATED IMMEDIATELY IN OBG’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. By using this OBG Site, you are representing and warranting that: (a) you are a legal resident of the United States; or Treaty Nation (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 OBG Site (collectively, “Device”); and (d) you will access and use this OBG Site in accordance with this Agreement. Some parts of this OBG 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 OBG Site content .
Acceptance of Policy.By using the OBG Network Service, OBG Network Users agree to be bound by the terms and conditions set forth in this document. OBG Network reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Questions regarding these terms and conditions or any other legal matter should be mailed to legal@oliverobroacastinggroup.com. If you have a copyright issue we prefer snail mail. See the policy below Code of Conduct.In accessing and using any OBG Site and you agree that you will not: Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page). · Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this OBG Site, or any postings which advocate illegal activity. · Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable. · Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability. · Deliver, or provide links to, any postings containing defamatory, false or libelous material. · Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity. · Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships. · Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another. · Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver. · Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references. · Use this OBG service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this OBG Site or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment. · Attempt to gain unauthorized access to this OBG Site, any related website, other accounts, computer system, or networks connected to this OBG Site, through hacking, password mining, or any other means. · Obtain or attempt to obtain any materials or information through any means not intentionally made available through this OBG Site, including harvesting or otherwise collecting information about others such as email addresses. Restrictions of Use.OBG Network grants OBG Network Users non-exclusive and limited right to use the OBG Network Service for personal, recreational purposes only. OBG Network Users are not receiving any ownership or proprietary right, title, or interest in the OBG Network Service including, but not limited to, the copyrights, trademarks, patents, trade-secrets, and other intellectual property related thereto. OBG Network Users may not use the OBG Network Service in such a fashion as to
In addition, OBG Network Users may neither operate any bot, botnet, or spider nor undertake any iterative technique, be the source localized or distributed, which could
Also all users will follow the following policies or conditions during there use of the network
Outside vendor software.All users that require software from a 3rd party for the operation and to Broadcast on any OBG station or site agree that:
Grant of License.By contributing any original creative works to OBG Network for publication, OBG Network Users thereby grant OBG Network a worldwide, royalty-free license in such creative works for purposes of reproduction, adaptation, public performance, synchronization, and publication. This license shall terminate upon the removal of such creative works from the OBG Network Site (s) and Servers. Furthermore, OBG Network Users represent and warrant that the rights in such creative works are owned by or otherwise assigned to the same for the express purposes herein described. Stream Copyright License.OBG & BHR Hosting uses 3rd party vendors for its stream copyright licensing. All customers agree to follow all Rules concerning Copyright Licensing including the policies and rules of the 3rd party vendor without exception. AS IT IS A CRIME TO STREAM COPYRIGHT MATERIAL WITH OUT PAYING ROYALTIES. IF YOU HAVE A STREAM THROUGH US A COPYRIGHT LICENSE MUST BE PAID FOR BUY THE CLIENT FOR EACH STREAM THAT YOU USE. THE ONLY EXCEPTION IS IF YOU PROVIDE TO US FOR COMPLETE INSPECTION AND ACCESS TO VERIFY THAT YOU HAVE A VALID LICENSE AT ALL TIMES ... IF YOUR LICENSE BECOMES INVALID YOU WILL HAVE ONE ADDED TO YOUR ACCOUNT! ALL WEBSITES WILL ALWAYS HAVE TO DISPLAY A VALID LICENSE AT ALL TIMES THAT USE OUR STREAMING PRODUCTS Termination.OBG Network, in its sole discretion, reserves the right to limit, deny, or create different priorities to different OBG Network Users. OBG Network, in its sole discretion, reserves the right to modify, extend, or remove some or all of the functionality of the OBG Network Service at any time and without prior notice. Cost of Use and Refunds and Termination of YOUR STATION account.Our Stations our free to listen to for the basic user but for those that operate stations or buy products from us : Please see the BHR Hosting billing policy for all additional costs for your account. HERE BHR HOSTING and OBG DOES NOT MAKE REFUNDS. ALL SALES ARE FINAL ALSO IF YOU TRY TO OBTAIN A REFUND FROM OUR PAYMENT PROCESSOR YOU WILL BE CHARGED AGAIN. IF YOU DO THIS IT IS CONSIDERED FELONY FRAUD AND YOU COULD BE CHARGED BY THE FEDERAL OR LOCAL COURT SYSTEM IF YOU CANCEL YOUR ACCOUNT EARLY YOU COULD BE CHARGED WITH BREAKING A CONTRACT, DEPENDING ON PRODUCT TYPE, AND WOULD HAVE TO PAY THE REST OF YOUR CONTRACT PLUS A PENALTY. THIS WOULD BE DUE IN 5 DAYS FROM BREAKING YOUR AGREEMENT WITH NO EXTENSIONS any question on how we track users in our billing system for electronic signatures Please Read the Federal Law HERE If you have a ligament payment problem you will need to contact us and fill out our paperwork and we will issue you a refund from our payment processor. Back Ups.Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the Clients responsibility to maintain local copies of their web content and information. If data loss occurs due to negligence of Client in securing their account or by an action of the Client, OBG Network will attempt to recover the data from the most recent archive for a $250.00 fee will be added to your account. Third-Party Websites and Vendors.The OBG Network site may incorporate hyperlinks to third-party Websites. OBG Network Users acknowledge that third-party Websites are neither controlled by nor endorsed by OBG Network, and therefore use of such third-party Websites is beyond the scope of this Acceptable Use Policy, EXCEPT FOR STREAMS. OBG Network disclaims all liability arising from and relating to the availability of hyperlinks to third-party Websites. Third party links on OBG Network Sites Must Be approved. Streams on some third party websites may be blocked by OBG, if OBG has deemed that site "Unsafe", or wishes that it has no affiliation with that site or its owner (s). OBG also has no control over the availability of third party websites or venders. OBG does not support Chat box services that come from third party vender websites. OBG is not responsible if a 3rd party vendor is down and you cannot operate your station. Disclaimer.THE OBG NETWORK SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. OBG NETWORK MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE OBG NETWORK SERVICE. OBG NETWORK MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE OBG NETWORK SERVICE AND THE INFORMATION OBTAINED THEREIN MAY BE RELIED UPON FOR ANY PARTICULAR REASON OR PURPOSE. OBG NETWORK MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT USE OF THE OBG NETWORK SERVICE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE NOR THAT ANY DEFECTS CAN BE CORRECTED. Indemnification.OBG Network Users agree to defend and hold harmless OBG Network and its affiliates, its contractors, its agents, and its assigns from all claims and demands, including reasonable attorney's fees, made by any third-party arising from any Users' activities with respect to or in connection with the OBG Network Service. Copyrights and Trademarks.Copyright © 2007-2012, Olivero Broadcasting Group All rights reserved. "Best Hits Radio", "Ravage Radio", "Triple X Radio", "Crypt Radio", "The Hop/Kraze", "Renagade Radio", "965 The Noize", And OTHER STATIONS , including the associated logotypes/ and names, are trademarks or servicemarks of Olivero Broadcasting Group & BHR Hosting. ALL SITES AND THERE NAMES ON OBG SERVERS ARE PROTECTED BY THE OBG TRADEMARKS AND CANNOT BE REPLICATED IN ANY METHOD WITHOUT WRITTEN PERMISSION FROM OBG. All other trademarks or servicemarks used herein are property of their respective owners. General.Choice of Law and Forum.This Acceptable Use Policy shall be governed by and construed in accordance with the laws of the State of Illinois. OBG Network Users irrevocably consent to the exclusive jurisdiction of and venue of the courts, whether they be state or federal, located within the State of Illinois, Ford County, in all claims or disputes arising from or relating to use of the OBG Network Service including unpaid accounts. Statute of Limitations.OBG NETWORK USERS AND OBG NETWORK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO USE OF THE OBG NETWORK SERVICE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Waiver and Severability.The failure of OBG Network to exercise or enforce any provision in this Acceptable Use Policy shall not constitute a waiver of such provision. If any article of this Acceptable Use policy is held to be invalid or unenforceable, that article shall be construed in a manner consistent with applicable law to best reflect the original intentions of both parties while the remaining articles shall endure their full effect. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL OBG OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE ,YOU COMPUTERS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OBG HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT OBG, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. . THIS INCLUDES INSTALLATION OF ANY NECESSARY SOFTWARE TO BE A DJ FOR OBG OR A LEASED OBG STATION The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if OBG has been advised of the possibility of damages.
Section Headings.The section headings in this Acceptable Use Policy are for convenience only and have no legal or contractual effect. Entire Agreement.This Acceptable Use Policy constitutes the entire understanding between OBG Network Users and OBG Network with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations with reference to the subject matter herein that are not expressly referenced herein or superseded hereby.
OBG's POLICY REGARDING SUBMISSIONS,
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