Terms of Use

User Responsibilities

If you choose to become a registered user of any part of the Websites, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 18 years of age or older and that your use of the Websites will not violate any applicable law or regulation. You are solely responsible for all content published or displayed through your account and for your interactions with other registered users. The Websites are provided for your personal and non-commercial use only.

Mobile Devices

If permitted or available through any mobile application offered by Full Power Radio (collectively, the “Mobile App”), to (a) upload content to the Websites via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Websites from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which makes the Mobile App available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Mobile App, including, but not limited to, if the Websites contain a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Mobile App and to use the Mobile App. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with the Websites’ operations or the Mobile App. Any equipment or software causing interference will be immediately disconnected from the Mobile App and we will have the right to immediately terminate this Agreement. Any new or additional features that augment or enhance the Mobile App will be subject to the terms and conditions of this Agreement.

Proprietary Rights in the Websites

The Websites contain copyrighted material, trademarks, and other proprietary information of Full Power Radio and other parties (collectively, the “Intellectual Property”). Nothing contained in the Websites should be construed as granting by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Websites without the written permission of Full Power Radio or the third party that owns the Intellectual Property displayed on the Websites. Your use of the Intellectual Property displayed on the Websites, or any other content on the Websites, except as provided in this Agreement, is strictly prohibited.

Software

Any software that is made available to access, use, view and/or download in connection with the Websites (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by Full Power Radio and/or its 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. Full Power Radio accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

User Content Posted on the Websites

(a) Full Power Radio does not control and is not responsible for any reader comments, personal profiles, information and photographs contained in personal profiles, messages to other registered users, ideas, suggestions, opinions, concepts or other material, or files delivered to Full Power Radio by you or other users (collectively, “User Content”). Full Power Radio is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Content.

However, Full Power Radio reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Content, in whole or in part, with or without notice. Full Power Radio is not responsible or liable for damages of any kind arising from any User Content even when Full Power Radio is advised of the possibility of such damages, or from Full Power Radio’s alteration or deletion of any User Content. (b) By posting any User Content to the public areas of the Websites, you hereby grant to Full Power Radio the non-exclusive, fully paid, worldwide license to use, publicly perform and display such User Content on the Websites. User Content posted to the public areas of the Websites may be used by Full Power Radio for commercial or entertainment use. You represent and warrant that: (i) you own the User Content posted by you on the Websites or otherwise have the right to grant the license set forth in this section, and (ii) your User Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for any and all damages, including royalties and fees, including attorney’s fees, owing any person by reason of any User Content you post on the Websites. (c) You agree not to transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. Further, you agree not to use any facilities or resources available on or through Full Power Radio to perpetrate prohibited conduct, whether against Full Power Radio, or any other third party. Examples of prohibited conduct include, but are not limited to chain letters or other communication that creates a nuisance or is otherwise offensive to the recipient or the Full Power Radio audience.

(d) You may not engage in advertising to, or solicitation of, any user of the Websites to buy or sell any products or services.

Privacy

Use of the Websites is also governed by our Privacy Policy.

SMS Terms & Conditions

Full Power Radio, Recurring Messages on shortcode 67076 Message and Data Rates May Apply. Reply STOP to stop. Reply HELP for info or email us at info@fullpowerradio.com. Carriers are not liable for delayed or undelivered messages.

Links

The Websites may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). Full Power Radio 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 the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply Full Power Radio’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Disclaimers

The opinions expressed in any content posted on the Websites are not necessarily the opinions of Full Power Radio. Full Power Radio is not responsible for any incorrect or inaccurate content posted on the Websites, whether caused by users of the Websites or by any of the equipment or programming associated with or utilized by the Websites. Full Power Radio is not responsible for the conduct, whether online or offline, of any user of the Websites. Full Power Radio assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. Full Power Radio is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Websites or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Websites. UNDER NO CIRCUMSTANCES SHALL FULL POWER RADIO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITES OR FROM ANY CONTENT POSTED ON THE WEBSITES OR TRANSMITTED TO REGISTERED USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITES, WHETHER ONLINE OR OFFLINE, EVEN AS A RESULT OF NEGLIGENCE BY FULL POWER RADIO. THE WEBSITES ARE PROVIDED “AS-IS” AND FULL POWER RADIO EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FULL POWER RADIO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITES.

Limitation on Liability

IN NO EVENT SHALL FULL POWER RADIO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITES, EVEN IF FULL POWER RADIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FULL POWER RADIO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100. U. S. Export Controls. Software from the Websites (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Websites or otherwise exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Indemnification

You agree to indemnify and hold Full Power Radio, its subsidiaries, affiliates, officers, directors, agents, and other partners and employees, harmless from and against any and all claims, actions, demands, liabilities, costs and expenses (whether relating to breach of contract, personal injury, death, property damage or otherwise), including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of the Websites or participation in any offline Full Power Radio event.. You agree to cooperate fully with Full Power Radio Media in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.

General

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Connecticut, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement, or in connection with any matters related to the Websites and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in New London County, Connecticut. You agree to submit to the personal jurisdiction of the courts of the State of Connecticut for any cause of action arising out of this Agreement. If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. This Agreement is accepted upon your use of the Websites and is further affirmed by your registration. This Agreement constitutes the entire agreement between you and Full Power Radio regarding the use of the Websites. The failure of Full Power Radio to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.