You MUST read the following Terms & Conditions. Your agreement to the Terms and Condition is a condition to the use of the site. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on this Website. By you continuing to use the Service following any such changes and modifications to these Terms and Conditions, you shall be agreeing to be bound by, and comply with, the Terms and Conditions, as so changed and modified.
The hardDriveRadio.com Division (“hardDrive”) of United Stations Radio Networks, Inc. (“USRN”) prohibits the use of copyrighted editorial content, graphics, video clips, sound recordings and photographs (the “Material”) located or found on hardDriveRadio.com, or any other website owned, operated, licensed or controlled by USRN with respect to its hardDrive service (the “hardDrive” Websites) without USRN’s prior written consent. If you wish to use any Material from the “hardDrive” Websites, you must submit a written request to USRN who will consider, in its sole discretion, granting, upon request, permission provided that:
1. No audio content is altered or modified in any way;
2. Use of the Material is for non-commercial or personal use only (except in the case of USRN affiliates authorized to use the Material), and any other use of the Material by third parties is strictly prohibited (violations of which will be enforced by USRN), unless expressly permitted in writing by USRN; and
3. No text, audio or graphical content is taken out of the original context. Permission may be granted by USRN on a case-by-case basis, in its sole discretion. USRN prohibits the reposting of all or any portion or any aspect of the Material, including editorial, graphics, layout, and code, on other websites, except pursuant to a specific licensing agreement on terms acceptable to USRN. Please direct any such requests to the hardDrive website.
hardDrive Radio, hardDrive XL, and hardDrive logos are registered trademarks of United Stations Radio Networks. The “look and feel” of the hardDriveRadio.com website is a trademark of USRN. All other trademarks, product names, and company names or logos cited herein remain the property of their respective owners.
Unless otherwise specified, USRN presents the Materials on the hardDriveRadio.com website solely for the purpose of promoting the artists, music, products, and information available in the United States, its territories, possessions, and protectorates. This website is controlled and operated by USRN from its offices within the State of New York, United States of America. USRN makes no representation or warranty that Materials on the hardDrive Websites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All disputes arising in connection with the hardDrive Websites or this agreement shall be governed by and construed and enforced in accordance with the law of the State of New York, without regard to its conflicts of laws principles. By use of this Website you unconditionally and irrevocably submit to the exclusive personal jurisdiction of the state and federal courts located in New York with respect to any such dispute.
USRN IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR ITS CONTENTS. USRN DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, USRN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. FURTHER, USRN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL hardDrive, USRN OR ANY OF THEIR RESPECTIVE SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, EVEN IF hardDrive OR USRN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NONE OF hardDrive, USRN OR ANY OF THEIR RESPECTIVE SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING hardDrive.