This page states the terms and conditions (the "Terms") under which you may use this web site provided by Spoon River Media, LLC. These Terms constitute an agreement. Please read the following carefully. Acceptance of Terms by using this web site you accept and agree to be bound by all of the terms, conditions and notices contained in these Terms. If you do not accept any and all of the Terms stated herein, please do not use the web site. To the fullest extent allowed by law, Spoon River Media, LLC may, in its sole discretion, modify or revise these Terms at any time by updating this web page. In such case, to the fullest extent allowed by law, your continued use of this web site constitutes your acceptance of the revised Terms, and you will be bound by any such modifications or revisions. You should therefore visit this page periodically to review the Terms.

 

Not Directed to Children

 

This web site is not directed to, or intended to be used by, children (that is, persons aged 17 years or younger). Children should not use this web site or submit any information to the web site.

 

Intellectual Property

 

The contents of this web site, including but not limited to text, software, photographs, graphics, audio, video, logos, trademarks, service marks and other material ("Material") are protected by national and international copyrights, trademark and service mark rights, trade secrets, know-how or other proprietary rights and laws and, as between Spoon River Media, LLC and you, are owned exclusively by Spoon River Media, LLC. Except where otherwise noted, you may view and download a single copy of the Material on the web site solely for your personal and non-commercial use, provided you do not delete, change or otherwise modify any of the Material, including any copyright or trademark notices, and that you do not circumvent or attempt to circumvent any copyright protection measures used on or in relation to this web site. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose without the express written permission of Spoon River Media, LLC. The systematic retrieval of any of the Material to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Spoon River Media, LLC is prohibited. All requests for uses beyond personal and non-commercial use should be referred to Spoon River Media, LLC 1000 E. Linn St., Canton, IL 61520. You may not circumvent or attempt to circumvent any copyright protection measures used on or in relation to this web site. You may not "deep link" to any content on this web site unless you first obtain the prior written consent of the owner hereof. You may not create a link to this web site or any portion hereof from another web site that contains content which is immoral, scandalous or would bring the owner of this web site into disrepute. You may not "frame" or otherwise attempt to associate the contents of this web site to any other web site. You may not use a metatag or any other web site indexing, web site reference or relational tool that uses the name or trademarks of the owner of this web site or the domain name of this web site, or any confusingly similar name or mark. You may not collect or attempt to collect any user data from this website. You may not use this web site in any manner that may overload or attempt to overload the capacity of the servers used to provide the content of this web site; nor shall you in any manner attempt to block access by others to this web site or its contents.

 

Notice of Intellectual Property Infringement.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Spoon River Media, LLC, in appropriate circumstances, to terminate the Registration Account of a Member who is deemed to infringe third party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on an of Spoon River Media, LLC Websites, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements): • 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; • 2. a description of your copyrighted work or other intellectual property that you claim has been infringed; • 3. a description of where the material you claim is infringing is located on the site (providing us with website URL is the quickest way to help us locate content quickly); • 4. your address, telephone number, and e-mail address; • 5. 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; • 6. 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. STATION WEBSITE ADDRESS’s copyright agent can be reached as follows: Spoon River Media, LLC, P.O. Box 142, Danville, IL 61834. Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT STATION WEBSITE ADDRESS’S COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please use the information listed in the Contact Us section of the website. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Online Communications You should be aware that online communications may not be confidential. National postal regulations often do not protect electronic mail. You should be aware that some administrative personnel of Spoon River Media, LLC may, in the course of their regular duties, have access to communications for technical or operational purposes. Spoon River Media, LLC may also disclose any communications to the extent permitted or required by law. Privacy You should review the Privacy Policy (Provide Link) posted elsewhere on this web site. The Privacy Policy supplements and forms a part of these Terms and of the agreement under which Disclaimer of Warranties This web site, including all materials, information, software, products and services included in or available through the web site, is provided "As Is" and "As Available," and your use of the web site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the web site or with these Terms, Spoon River Media, LLC’s Privacy Policy, or other policies, your sole remedy is to discontinue use of the web site. Any downloading of software or other materials or any other use of the information on the web site is at your risk, and you are advised to take adequate precautions to minimize any loss to your system, including use of anti-virus programs and proper backup of files. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPOON RIVER MEDIA, LLC DOES NOT MAKE ANY WARRANTY THAT ANY OF THE MATERIALS ON THE WEB SITE ARE ACCURATE, RELIABLE OR CORRECT, THAT THE WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE WEB SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE ON THE WEB SITE.

 

Limitation of Liability

N NO EVENT SHALL SPOON RIVER MEDIA, LLC OR ITS PARENT, SUBSIDIARIES, AFFILIATES, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPOON RIVER MEDIA, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SPOON RIVER MEDIA, LLC'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Release and Indemnity

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST SPOON RIVER MEDIA, LLC ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SPOON RIVER MEDIA, LLC WEB SITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, SPOON RIVER MEDIA, LLC FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SPOON RIVER MEDIA, LLC WEB SITE OR FAILURE TO ABIDE BY APPLICABLE LAW.

 

Integration and Severability

These Terms constitute the entire agreement between Spoon River Media, LLC and you with respect to this web site and supersede all prior or contemporaneous communications and proposals with respect to the web site. If any provision hereof is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. Unauthorized Use and Termination You agree to use the web site only for authorized and legal activities. Spoon River Media, LLC reserves the right, in its sole discretion, to terminate your access to all or part of the web site at any time and for any or no reason.