TERMS OF USE

Updated February 29, 2008


Introduction: Consent to Terms

Please read these Terms of Use before using heavyrotationshow.com or any features of this site, including, but not limited to, the Heavy Rotation online store, Heavy Rotation RSS feeds, Heavy Rotation Blogs and Heavy Rotation Podcasts (collectively, the "Heavy Rotation websites" or the "Service"). By using the Service, you agree to be bound by these terms of use. If you do not agree to these terms of use, please exit the Service. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated terms of use on the Heavy Rotation website. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated terms of use. Your continued use of the Service following the posting of updated terms of use will mean that you agree to those changes.

Copyrights

The contents of the Heavy Rotation website are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material on the Heavy Rotation website without the prior written consent of Heavy Rotation, except as provided below. You may copy and print a limited amount of content, and you may download Heavy Rotation podcast content, for your personal, non-commercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. Any other use of Heavy Rotation content requires prior written permission from Heavy Rotation.

Trademark

All rights reserved. You may not use any Heavy Rotation service marks, logos or graphics without Heavy Rotation's prior written consent, except that you may use the Heavy Rotation-provided logo contained in a Heavy Rotation RSS feed in connection with the personal, noncommercial use of Heavy Rotation's RSS feeds, subject to the requirements set forth below in Heavy Rotation's RSS feed policy.

Links to Heavy Rotation Website

Heavy Rotation encourages and permits links to content on the Heavy Rotation website. However, Heavy Rotation is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and appearance. Therefore, the linking should not (a) suggest that Heavy Rotation promotes or endorses any third party's causes, ideas, websites, products or services, or (b) use Heavy Rotation content for inappropriate commercial purposes. We reserve the right to withdraw permission for any link.

Links to Third Party Sites

Heavy Rotation has provided links to internet sites maintained by third parties, over which Heavy Rotation has no control. Heavy Rotation does not endorse the content, operators, products or services of such sites, and Heavy Rotation is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Heavy Rotation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites.

RSS Feeds

Heavy Rotation's RSS feeds, provided by Heavy Rotation at www.heavyrotationshow.com/subscribe.htm consist of a selection of current and past shows, which can be delivered to your desktop using a technology called XML (extensible Markup Language) (individually, an "RSS feed" and collectively, the "RSS feeds"). The RSS feeds are protected by U.S. and international copyright laws. All rights in and to the RSS feeds are reserved to Heavy Rotation. The RSS feeds are available for personal, noncommercial use or for noncommercial use on the website, web-blog or similar application of a nonprofit corporation which is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code ("501(c)(3) Nonprofit Corporation"). You may display, excerpt from, and link to the RSS feeds on your personal website, web-blog, or similar application for personal, noncommercial purposes or on your 501(c)(3) Nonprofit Corporation website, web-blog, or similar application for noncommercial purposes, provided that (a) the links redirect the user to the Heavy Rotation website when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable Heavy Rotation web page, (c) the use or display does not suggest that Heavy Rotation promotes or endorses any third party causes, ideas, websites, products or services, (d) the fundamental meaning of the content contained in the RSS feeds, including current or past shows, is not changed or distorted, and (e) you do not modify the shows or other content that are linked to by the RSS feeds. If you display an entire RSS feed on your personal or 501(c)(3) Nonprofit Corporation website, web-blog or similar application, (a) you may not redistribute the RSS feed, and (b) you must provide attribution to Heavy Rotation adjacent to the RSS feed, by including "Heavy Rotation Show" or "Heavy Rotation" in text adjacent to the RSS feed. Any other use of Heavy Rotation's trademarks, or service marks, or of the RSS feeds requires the prior written permission of Heavy Rotation. Heavy Rotation reserves the right to discontinue providing RSS feeds and to require that you cease accessing or using the RSS feeds, or any content contained in the RSS feeds at any time for any reason.

Heavy Rotation Podcasts

Heavy Rotation provides podcasts ("Heavy Rotation") consisting of selected audio content from Heavy Rotation and other content providers, available at www.heavyrotationshow.com/listennow.htm that is provided over the internet using an XML feed and an associated audio file so that the audio file may be downloaded and played from a user's computer or transferred to a portable listening device. Heavy Rotation podcasts are protected by U.S. and international copyright laws. All rights in and to the Heavy Rotation podcasts are reserved to Heavy Rotation or the content provider. Heavy Rotation podcasts are available for personal, noncommercial use only. You may download, copy and/or transfer to a portable listening device the Heavy Rotation podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to Heavy Rotation podcasts from your website, web-blog or similar application, as long as (a) the links redirect the user to the Heavy Rotation websites when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable Heavy Rotation web page, (c) the linking does not suggest that Heavy Rotation promotes or endorses any third party's causes, ideas, websites, products or services, or (d) you do not use Heavy Rotation content for inappropriate commercial purposes, and (e) you provide attribution to Heavy Rotation adjacent to the link. Heavy Rotation reserves the right to discontinue providing Heavy Rotation podcasts and to require that you cease accessing or using the Heavy Rotation podcasts, or any content contained in the Heavy Rotation podcasts, at any time for any reason.

Use of the Service

If you use the Service, including sending an e-mail, shout out, music, comment to a show topic to Heavy Rotation through our website, or other information via heavyrotationshow.com, you must:

  • You must be at least 13 years old and have a parent's consent to listen to Heavy Rotation. Our programming may obtain strong language and adult content that may not be suitable for children under 13 years old. In addition, you must be at least 13 years old in order to place an order on the Heavy Rotation online store. If you are under 13 years of age, please do not send any information about yourself, including your name, address or e-mail address. If we discover that we have collected any personal-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible. 13-18: Unless otherwise specified, you must be at least 18 years old in order to participate in any online contests. Visitors between the ages of 13 and 18 must obtain permission from their parents or guardians before placing an order on the Heavy Rotation online store, or otherwise sending any personal-identifying information.



Representations: Indemnity

You represent and warrant that your use of the Service complies with these Terms of Use. You agree that you will indemnify and hold harmless Heavy Rotation and its directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) Heavy Rotation publications, distribution or use of such materials.

Disclaimer

THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HEAVY ROTATION DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES HEAVY ROTATION MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK. HEAVY ROTATION CONTENT IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED ON HEAVYROTATIONSHOW.COM IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR HEARD ON HEAVYROTATIONSHOW.COM. LIMITATION OF LIABILITY IN NO EVENT WILL HEAVY ROTATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR PODCAST CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILL HEAVY ROTATION, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR PODCAST CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Online Shopping

In the event a product available on or through the Heavy Rotation online store is listed at an incorrect price or with incorrect information, Heavy Rotation will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify Heavy Rotation's acceptance of your order, nor does it constitute confirmation of Heavy Rotation's offer to sell. Heavy Rotation reserves the right at any time after receipt of your order to accept or decline your order for any reason. Heavy Rotation may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.

Copyright Agent

Heavy Rotation respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to Heavy Rotation:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

  • A description of the copyrighted work that you claim has been infringed.

  • A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.

  • Information so that we can contact you, such as address, telephone number and e-mail address.

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.


    • Heavy Rotation can be reached as follows:
    Heavy Rotation
    CC: Bitanga Advertising, Inc.
    P.O. Box 212816
    Chula Vista, CA 91921



International Users

The Service is controlled and operated within the United States. Heavy Rotation makes no representation that content, materials or products available on or through the Service are appropriate or available for use outside of the United States. If you access the Service from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Miscellaneous

These terms of use, together with the Privacy Policy, represent the entire understanding of the parties regarding the use of the Heavy Rotation websites and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these terms of use. These terms of use shall be governed by and construed under the State of California law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these terms of use or relating to the Service shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of California. A modification or waiver of a part of these terms of use shall not constitute a waiver or modification of any other portion of the terms of use. If for any reason any provision of these terms of use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the terms of use will continue in full force and effect.

Questions

If you have any questions about the terms of use, please contact Heavy Rotation.