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TERMS OF USEAGREEMENT

This site is owned or managed by Benztown Branding, LLC (Benztown Branding) and is distributed by Premiere Radio Networks.

Benztown Branding provides this Benztown Branding Website 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 Benztown Branding Website. Your use of this Benztown Branding Website 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 Benztown Branding Website. This Agreement sets forth Benztown Brandings policies with respect to its operation of the Benztown Branding Websites. Other policies govern Benztown Brandings non-Internet operations.

Certain products or services offered by this and/or other Benztown Branding Websites (each a Benztown Branding Internet Service, and collectively Benztown Branding Internet Services), and certain areas within this and/or other Benztown Branding Websites may be governed by additional terms (Additional Terms) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Benztown Branding Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY BENZTOWN BRANDING WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY BENZTOWN BRANDING WEBSITE MAY BE TERMINATED IMMEDIATELY IN BENZTOWN BRANDINGS SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Some parts of this Benztown Branding website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old 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 Benztown Branding Website content.

Changes to this Agreement

This Agreement is effective as of June 01, 2008. Benztown Branding reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Benztown Branding will provide notice of such change on this Benztown Branding Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Benztown Branding Website and/or Benztown Branding Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Benztown Branding Website and/or the Benztown Branding Internet Service to which the changes may apply.

Privacy and Protection of Personal Information

Benztown Branding has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking the button „Privacy Policy“ on this website.

Accounts, Security, Passwords

If a particular Benztown Branding Website or Benztown Branding Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Benztown Branding immediately of any unauthorized use of your account. Benztown Branding is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Benztown Branding Internet Service.

Fees

Except where otherwise provided, access to and use of this Benztown Branding Website and the Benztown Branding Internet Services offered through this site are currently available without charge. Benztown Branding reserves the right to charge a fee for access to or use of this Benztown Branding Website, or any Benztown Branding Internet Service available on this Benztown Branding Website at any time in the future. Your access to or use of this Benztown Branding Website before such time does not entitle you to use of this Benztown Branding Website without charge in the future.

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS BENZTOWN BRANDING WEBSITE AND/OR BENZTOWN BRANDING INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS BENZTOWN BRANDING WEBSITE OR BENZTOWN BRANDING INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN AS IS, AS AVAILABLE BASIS. BENZTOWN BRANDING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BENZTOWN BRANDING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. BENZTOWN BRANDING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS BENZTOWN BRANDING WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. BENZTOWN BRANDING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS BENZTOWN BRANDING WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

BENZTOWN BRANDING IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR BENZTOWN BRANDING INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Links

This Benztown Branding Website may contain links to websites operated by third parties. Benztown Branding does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Benztown Branding's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Software And Downloads Available Through This Website

Any software that is made available to view and/ or download in connection with a Benztown Branding Internet Service (Software), including podcasts, audio streaming, or video streaming, is owned or controlled by Benztown Branding and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Benztown Branding accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

Third-Party Merchants

This Benztown Branding Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Benztown Branding. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Benztown Branding does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Benztown Branding will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Benztown Branding Internet Service.

Modification/Termination by Benztown Branding

Benztown Branding reserves the right, in its sole discretion, to modify, suspend, or terminate this Benztown Branding Website and/or any portion thereof, including any Benztown Branding Internet Service, and/or your account, password, or use of any Benztown Branding Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a Benztown Branding Internet Service removes your authorization to use the Benztown Branding Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Benztown Branding shall not be liable to you or any third-party for any termination of your access to a Benztown Branding Internet Service.

Interactive Services

This Benztown Branding Website may offer certain Benztown Branding Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively Benztown Branding Interactive Services). Additional terms may cover these services, which appear on the pages where these services are available and can be found here.

Subscription Services

This Benztown Branding Website may offer certain Benztown Branding Subscription Services such as newsletters and Real Simple Syndication (RSS) feeds (collectively Benztown Branding Subscription Services). By registering for a Benztown Branding Subscription Service, you will be subject to any charges and rules set forth in the description of that service.

Premium Services

Some Benztown Branding Internet Services on this Benztown Branding Website, including certain Benztown Branding Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (Benztown Branding Premium Service). By using the Benztown Branding Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service (see beneath Premium Service Additional Terms).

Contests/Sweepstakes

For Additional Terms applying to all contests or sweepstakes conducted by this Benztown Branding Website, refer to this site's contest or sweepstakes information.

Limitations on Liability

In no event shall Benztown Branding, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Benztown Branding Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Benztown Branding Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Benztown Branding Website or any information, software, products, services, and related graphics obtained through the Benztown Branding Website; (vi) any transactions entered into through this Benztown Branding Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Benztown Branding Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Benztown Branding Website and Benztown Branding Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Benztown Branding has been advised of the possibility of damages.

Indemnification

You agree to indemnify, defend, and hold harmless Benztown Branding, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Benztown Branding Website and any related Benztown Branding Internet Service and/or software. Benztown Branding reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Benztown Branding in asserting any available defenses.

International Use/U.S. Export Controls

Accessing materials on this Benztown Branding Website by certain persons in certain countries may not be lawful, and Benztown Branding makes no representation that materials on this Benztown Branding Website are appropriate or available for use in locations outside the United States. If you choose to access this Benztown Branding Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this Benztown Branding Website. No software or any other materials associated with this Benztown Branding Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Departments Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Benztown Branding Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

INTERACTIVE SERVICE ADDITIONAL TERMS

You may participate in the Benztown Branding Interactive Service by reading and agreeing to the Terms of Use Agreement and these Interactive Service Additional Terms, and by completing the registration form where one is provided. If you do not agree to abide by the Terms of Use Agreement and these Interactive Service Additional Terms, you may not participate in the Benztown Branding Interactive Service.

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 the Benztown Branding Website, 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.

Use this Benztown Branding service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Benztown Branding Website or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including by means uploading or transmitting to this Site or Benztown Brandings servers any computer viruses, Trojan horses, worms, or other disabling or harmful software intended to damage, interfere with, intercept or monitor surreptitiously, or take over another computer

Attempt to gain unauthorized access to this Benztown Branding Website, any related website, other accounts, computer system, or networks connected to this Benztown Branding Website, 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 Benztown Branding Website, including harvesting or otherwise collecting information about others such as email addresses.

You are solely responsible and liable for postings delivered to the Benztown Branding Website using your account. Any violation of these provisions can subject your Benztown Branding account to immediate termination and, possibly, further legal action.

Benztown Branding does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a Benztown Branding interactive website by you or other users. Benztown Branding is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Benztown Branding reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. Benztown Branding is not responsible or liable for damages of any kind arising from any postings even when Benztown Branding is advised of the possibility of such damages, or from Benztown Branding's alteration or deletion of any posting.

The information and opinions expressed in postings on this Benztown Branding Website are not necessarily those of Benztown Branding or its content providers, advertisers, sponsors, affiliated or related entities, and Benztown Branding makes no representations or warranties regarding that information or those opinions. Benztown Branding does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

Unless otherwise provided, all postings to the Benztown Branding Website automatically and immediately become the property of Benztown Branding without any obligation of confidentiality. Benztown Branding shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that Benztown Branding does not retain exclusive ownership of any posting, then you hereby expressly grant to Benztown Branding a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.

PREMIUM SERVICE ADDITIONAL TERMS

You may register for a Benztown Branding Premium Service by reading and agreeing to the Terms of Use Agreement and these Premium Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Premium Service Additional Terms, you may not register for the Benztown Branding Premium Service.

Member Account and Password

You are responsible for any membership name and password that is associated with your account during registration. If this premium service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.

Charges for Premium Service

Benztown Branding will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.

In the event that you pay for a premium service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.

Limited to Personal and Non-Commercial Use

This premium service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this premium service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this site by writing:

Benztown Branding, LLC
468 N. Camden Dr. – Suite 333e
Beverly Hills , CA 90210
By Email: mail@benztownbranding.com

Cancellation

You may cancel your membership in this premium service at any time by contacting us using the contact information provided on this premium service. In the event that you have paid a fee to register on this site, we will return the unused portion of your membership fee on a 52-week pro-rated basis within ninety (90) days of your cancellation of your membership.

We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.

Modification of these Terms of Use

Benztown Branding may from time to time change the terms and conditions governing this premium service. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this premium service. Your continued use of this premium service constitutes your agreement to all such terms and conditions.

Submissions

Unless otherwise stated, we will not review or consider any unsolicited submissions to this premium service. All submissions to this premium service become our property. No submission will be subject to any reimbursement or other payment by us.

Service Contact

You may email your requests for customer service through the contact information provided on the home page of this premium service.

 

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