Terms & Conditions
By using our subscription streaming service, you agree to the following terms and conditions of use.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please see the Privacy Statement on each website for our policies with regard to your privacy and personal information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
In order to become a member, you must complete the registration process by providing us with complete and accurate information as requested in our online registration form. After you have fully completed the registration form, you will then be given a password and a member name. The combination of the e-mail address and User Name form a unique identifier for your account. If we do not recognize your device from a previous sign in, you will be asked to enter the e-mail address on file to help locate your account. It is your responsibility to maintain the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are 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.
MODIFICATION OF THESE TERMS OF USE
We may from time to time change the terms and conditions governing the web site and streaming subscription service. It is important to regularly review these terms and conditions to stay informed with regard to changes to the terms and conditions governing your use of the web site. Your continued use of this service constitutes your agreement to all such terms and conditions.
PERSONAL AND NON-COMMERCIAL USE
Our streaming subscription 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 it without our prior written consent. However, you may inquire about obtaining written permission from us to display or reproduce material from the site by writing: Imus in the Morning Subscription Service, 16 West Ave., Darien, CT 06820-4401.
RESTRICTIONS ON USE
As a condition of your use of our streaming subscription service, you will not use it for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the service in any manner which could damage, disable, overburden, or impair the website and service or interfere with any other party's use and enjoyment of the website and service. You may not attempt to gain unauthorized access to the service, any related website, other accounts, computer systems or networks connected to it, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the service. Your access to the streaming subscription service may be terminated immediately, with or without notice from Imus in the Morning Subscription Service, if you fail to comply with any provisions of these terms and conditions.
As a condition of your use of the service, you agree to use it on only up to two computers in your control. You further agree not to email, post, or otherwise disseminate any the user ID, password, links, or other information which gives you access to the streaming subscription service. You further acknowledge that should you violate these conditions, your subscription may be terminated without notice, and you may be held responsible for damages caused by your actions.
SOFTWARE AVAILABLE THROUGH THE STREAMING SUBSCRIPTION SERVICE
All software that is made available to view and/or download in connection with the streaming subscription service, ("Software") is owned or controlled by Imus in the Morning Subscription Service and/or its licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software, and Imus in the Morning Subscription Service accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
LIABILITY DISCLAIMER IMUS IN THE MORNING SUBSCRIPTION SERVICE AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE STREAMING SUBSCRIPTION SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IMUS IN THE MORNING SUBSCRIPTION SERVICE AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU SPECIFICALLY AGREE THAT IMUS IN THE MORNING SUBSCRIPTION SERVICE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE STREAMING SUBSCRIPTION SERVICE. YOU SPECIFICALLY AGREE THAT THE STREAMING SUBSCRIPTION SERVICE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE STREAMING SUBSCRIPTION SERVICE BY ANY THIRD PARTY. YOU FURTHER AGREE THAT IMUS IN THE MORNING SUBSCRIPTION SERVICE AND/OR AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE STREAMING SUBSCRIPTION SERVICE AND/OR MAY DISCONTINUE ANY PART OF THE STREAMING SUBSCRIPTION SERVICE AT ANY TIME.
IN NO EVENT SHALL IMUS IN THE MORNING SUBSCRIPTION SERVICE AND/OR AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE STREAMING SUBSCRIPTION SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE STREAMING SUBSCRIPTION SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE STREAMING SUBSCRIPTION SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IMUS IN THE MORNING SUBSCRIPTION SERVICE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN IMUS IN THE MORNING SUBSCRIPTION SERVICE' MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO YOUR MEMBERSHIP FEE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE STREAMING SUBSCRIPTION SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE STREAMING SUBSCRIPTION SERVICE AND HAVE RETURNED TO YOU THE UNUSED PRORATA PORTION OF YOUR MEMBERSHIP FEE ON A PRO-RATED BASIS.
SERVICE CONTACT:
You may e-mail your requests for customer service to us at customerservice@imus.com.
CANCELLATION:
THE STREAMING SUBSCRIPTION SERVICE reserves the right to terminate your access to THE STREAMING SUBSCRIPTION SERVICE or any portion thereof at any time, without notice. Upon such termination, THE STREAMING SUBSCRIPTION SERVICE shall return the unused pro-rata portion of your THE STREAMING SUBSCRIPTION SERVICE fee on a pro-rated basis to you within ninety (90) days of the termination of your access to THE STREAMING SUBSCRIPTION SERVICE.
GENERAL
These terms and conditions are governed by the laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Los Angeles County, California. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. If any provision of these terms and conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term. These terms and conditions constitute the entire agreement between you and the Company with respect to the use of THE STREAMING SUBSCRIPTION SERVICE. No changes to these terms and conditions shall be made except by a revised posting on this page, and these terms and conditions may not be modified by any advertisements of Imus in the Morning Subscription Service or oral or written communications by Imus in the Morning Subscription Service, except for a written communication from an authorized officer of Imus in the Morning Subscription Service.
COPYRIGHT AND TRADEMARK NOTICE:
All contents are: Copyright © 2010 Imus in the Morning Subscription Service, 16 West Ave., Darien, CT 06820-4401. All rights reserved.
Any rights not granted herein are reserved to and by Imus in the Morning Subscription Service.