TERMS AND CONDITIONS

In these terms and conditions (“Terms”), “You” refers to the person accessing or using The Time is Now radio station’s website https://thetimeisnowradio.com and its mobile application (individually and collectively, the website and its applications being the “Site”). Further, “Company” refers to the company or the Site owner that operates the Site.

ACCEPTANCE OF TERMS THROUGH USE

By using the Site, You agree to be bound by all terms, conditions, notices contained or referenced herein and incorporated by reference and all such terms and conditions shall govern your use of the Site. The Company reserves the right to change or discontinue any feature of the Site, including but not limited to the Terms, at any time, by posting revisions onto the Site. You agree to be deemed apprised and bound by any changes to these Terms and your continued use of the Site indicates your agreement to the revised Terms. You also agree to review this information from time to time as may be required to keep informed of any revisions to the Terms. If You do not agree to these Terms of this or any revised policy, please do not use the Site or, if applicable, register as a user or if You have already registered, deregister as a user and exit the Site immediately.

PERMITTED USE

You agree that You are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that You shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by the Company to do so. You also agree not to deep-link (place a hyperlink on a website that links to another website but not at its homepage) to the Site for any purpose, unless specifically authorized by us to do so. The content and software on this Site are the property of the Company and is protected by United States and international copyright laws.

LIMITED LICENSE

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms. The Company may change, suspend, or discontinue any aspect of the Site at any time. The Company may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to You in order to access the Site. Except as provided in these Terms, You shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

NO COMMERCIAL USE

This Site may not be used by You for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain a prior written consent from the Company to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. The Company will investigate and take appropriate legal action against You if You violate this provision, including without limitation, removing the offending communication from the Site and barring You being such violator from use of the Site.

VIOLATION OF TERMS

You understand and agree that in the Company’s sole discretion, and without prior notice, the Company may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if the Company believes that the information You provide has violated or is inconsistent with these Terms, or violates the rights of the Company, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to the Company for violations of these Terms, and You consent to injunctive or other equitable relief for such violations. The Company may release user information about You if required by law or subpoena.

COPYRIGHT POLICY AND DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY

The Company may terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If You submit information or content to the Site, You warrant that the information or content does not infringe the copyrights or other rights of third parties.

If You are notifying us of alleged copyright infringement as per the Company’s notice requirements provided in Section 15, please be sure to provide the following information in the form required by 17 U.S.C. § 512:

A description of the copyrighted work that You allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
A description of the allegedly infringing material and information sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and/or an electronic mail address;
A statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
A statement by You that the information in the notification is accurate and that You have the authority to enforce the copyrights that are claimed to be infringed.

REPRESENTATIONS

By visiting the Site, You represent, warrant and covenant that (i) You are at least 18 years old; (ii) that You are a resident of the United States; and (iii) that all materials of any kind submitted by You through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

CREATION OF ACCOUNT

During the registration process You will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under the password. By logging into the Site, You represent and warrant that: (i) You are the customer who registered for the services; (ii) that You are using the services only for permitted purposes; (iii) You are not a competitor of the Company, or agent thereof; (iv) You will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) You will ensure that You exit from your account at the end of each session. Please notify the Company through email as provided in the notice requirements in Section 15 of any potential unauthorized use(s) of your account, or breach of security. You also represent and warrant that: (i) You will not select or utilize a username of another person with intent to impersonate that person; (ii) You will not select or utilize a username in which another person has rights, if You do not have that person’s authorization to use such name; and (iii) You will not select or utilize a username that the Company in its sole discretion deem offensive.

ADVERTISING

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. The Company is not responsible for the acts or omissions of any advertiser or sponsor. Your decision to make purchases from any such advertiser or sponsor is completely voluntary and within your sole discretion. You are solely responsible for payment of all costs or fees associated with any such purchase, including payment of all shipping charges, applicable sales tax, or other taxes, assessments, or fees imposed by applicable law.

ALLOCATION OF RESPONSIBILITY

The Company assumes no responsibility for the activities, omissions, or other conduct of users. The Company acts as a portal for the online distribution and publication of information through its radio station and Site and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring information posted by vendors on external websites. If notified by a user of an external website that grossly violates and/or does not conform to the reasonable principles and ethics of society, the Company may investigate the allegation and determine in good faith and determine, in the Company’s sole discretion, whether to remove or request the removal of the link to such external website. The Company has no liability or responsibility to users for performance or non-performance of such activities. The Company may take any action with respect to external websites that the Company deems necessary or appropriate, in its sole discretion.

DISCLIAMER OF WARRANTIES

You acknowledge, understand, and expressly agrees that use of the Site and any external website accessible there through is at your sole risk. The Company does not guarantee, represent, or warrant that your use of the Site will be uninterrupted, error free, or virus free, or that the Site will meet your requirements. In addition, no warranty is made as to the results that may be obtained from use of the Site or any external websites listed thereon, or as to the accuracy, reliability, or content of any product, service, or information provided through or in connection with the Site. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF BIGGEST LITTLE RADIO’S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

LIMITATION OF LIABILITY AND INDEMNIFICATION

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR AN EXTERNAL WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF A USER’S ACCESS TO, OR USE OF, THE SITE OR ANY EXTERNAL WEBSITE. You assume all risk of errors and/or omissions in the Site, including the transmission or translation of information. In addition, You acknowledge, understand, and agree that there are risks, including but not limited to, the risk of physical harm, the risk of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with the vendors with whom You come in contact with through the Site or any external website. You assume full responsibility for implementing sufficient procedures and updates to satisfy your requirements for the accuracy and suitability of the Site, including the information provided thereon, and for maintaining any means that You may require for the reconstruction of lost data or subsequent manipulations, or analyses of the information provided hereunder. You acknowledge, understand, and agree that your use of the Site, any external website accessed there through, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO USER’S COMPUTER SYSTEM OR OTHER PROPERTY.

You agree to defend, indemnify, and hold the Company, and its employees, contractors, officers and directors (if any) harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site or the content therein. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with the Company in asserting any available defenses.

CHOICE OF LAW

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of North Carolina, without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms, or your use of the Site shall be filed only in the county court of Roxboro or in the state or federal courts located in the State of North Carolina, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY

These Terms constitutes the entire agreement between the Company and You with respect to the Site and supersedes all prior or contemporaneous communications and proposals between both the parties with respect to the Site. If any provision of this Terms agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

NOTICE AND CONTACT INFORMATION

If You believe that your work has been copied in a way that constitutes copyright infringement or if You have any queries regarding these Terms, then You should send the Company a written notice of, through electronic mail (“e-mail”) to markthatime@gmail.com.

PRIVACY PROTECTION

The Company has developed a privacy policy in order to inform You of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the privacy policy, which is incorporated into these Terms, at https://thetimeisnowradio.com/, and by using the Site You agree to the terms of the privacy policy.

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Brother Mark 5-18-23 The Time Is Now Message