RADIOTVDEALS TERMS AND CONDITIONS

 

1.      This website is exclusively owned and operated under the name RadioTVDeals, a website owned and operated by Bergman Broadcasting Corporation, Inc. a New Mexico corporation.  These terms and conditions apply to all registered users of the website, and any violation of these Terms and Conditions may result in being barred from future access to or use of the website.

 

Your registration to access, submit information to and otherwise use this website serves as an expression of your understanding of these Terms and Conditions and your agreement to be legally bound by the Terms and Conditions.  It creates a personal, revocable, nonexclusive, nontransferable license to access, post to and otherwise use this website, conditional upon your continued compliance with the Terms and Conditions.  You represent and warrant to RadioTVDeals that you will not use this website for any purpose that is unlawful or prohibited by these Terms and Conditions.  Should you object to any term or condition of this website, your only recourse is to discontinue use of the site.

2.      Your access to RadioTVDeals is conditioned on your registration with the site using a unique username and password.  You may be asked, from time to time, to update and/or verify your registration information.  Member privileges are exclusive and are granted specifically to the registered member only. You agree that you are solely responsible for the security of this information, including your passwords, and that you will use your best efforts to prevent access to your password by any unauthorized persons. Individual user rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone without the express written permission of RadioTVDeals.   RadioTVDeals has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the RadioTVDeals service. You further agree that RadioTVDeals has the power to cancel your registration at any time.

3.      User agrees to pay for all products ordered through the RadioTVDeals web site, or via RadioTVDeals client services personnel ("Client Services") using the payment method indicated and provides RadioTVDeals express authorization to charge said fees to their payment provider.

Fees owed depend on the specific type and quantity of RadioTVDeals products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables.

“Sell Your Station” ad, Resource Directory ads (includes Broadcast Equipment, Financing, Valuations, FCC Attorneys, Engineering, Equipment, Consulting & Programming) and Premium DealMAKER Subscriber monthly charges will automatically renew at the prevailing monthly ad cost and the credit card number provided for initial payment will be charged accordingly unless the customer notifies RadioTVDeals Customer Services (in writing) 30 days prior to the renewal date.

Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, RadioTVDeals may immediately cease to provide any and all Deliverables to the user. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. Fees paid for Station listings and other products are not refundable. No partial month refunds will be provided. User may cancel its RadioTVDeals product membership by contacting us only by email (Sales@RadioTVDeals.com) or by fax (575-356-2003). All cancellation requests will be processed within two (2) business days, and a cancellation confirmation will be emailed to the email address on record for the account. The membership will be deactivated at the end of the current billing term. RadioTVDeals reserves the right to change its fees, payment frequency, or billing methods at any time. RadioTVDeals will provide timely notice to the affected users of any such changes. It is User's responsibility to promptly provide RadioTVDeals with any contact or billing information changes or updates (including email address, credit card numbers, etc.).

4.      The contents of this website, including all copyrightable materials, whether identified as such or not, trademarks and service marks, logos and designs are the property of RadioTVDeals, copyright © 2010, unless stated otherwise.  They may be accessed, printed, downloaded and distributed for personal use only.  They are not to be reprinted, repurposed, redistributed, removed or republished in any manner for any purpose whatsoever.  Under no circumstances may the content on this Site be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written consent of RadioTVDeals and only then will such reproduction, mirroring, cataloguing, framing, display  republication be permitted if it contains the RadioTVDeals copyright notice.  All rights not expressly granted herein are reserved.

5.      Although RadioTVDeals does not claim ownership of any content posted to the site, you automatically grant RadioTVDeals an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute posted content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses thereof. Furthermore, by posting content to the site, you automatically grant RadioTVDeals all rights necessary to itself engage in and prohibit by others any  subsequent aggregation, display, copying, duplication, reproduction, or  exploitation of the Content on the Service for any purpose.

6.     User agrees not to submit any Station descriptions, photographs, financial, contact or other information contained in each Station's data to RadioTVDeals unless Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Station on the user's website or on the RadioTVDeals website. Customer agrees not to submit any image to RadioTVDeals which contains inappropriate content. RadioTVDeals may, in its sole discretion but without any obligation to search for such, remove a Station listing ("Station" or "Listing") that is alleged to have been submitted in violation of this provision. In addition, RadioTVDeals may require additional evidence of compliance with this provision from Users who are alleged to have submitted Stations or other information in violation of this Agreement. Each listing purchased on RadioTVDeals is permitted for one Station for sale opportunity/entity, and may not be changed or edited in an attempt to sell a different Station entity. RadioTVDeals will, in its sole discretion, terminate the accounts of, and refuse service to, any user who repeatedly or knowingly violates this Agreement. Additionally, the user agrees to allow the Listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the user's website or the RadioTVDeals website.  RadioTVDeals shall have the sole authority to choose the manner in which any Station will be searched, displayed, accessed, downloaded, copied, and otherwise used on the RadioTVDeals website and RadioTVDeals shall have the right to modify the Station listing in the exercise of its rights under this Agreement.  User (a) represents and warrants that all Stations and associated information provided by user will be accurate; (b) agrees that user will not permit the posting of a Station on the RadioTVDeals system under a name other than the named licensed Station agents that have been engaged by the Station owner to market the Station under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Listings provided by user and maintain their accuracy at all times. RadioTVDeals reserves, in a manner consistent with reasonable commercial Station practices, the right to remove all or any part of the Listings posted on the RadioTVDeals website. RadioTVDeals accepts no responsibility for checking the accuracy of reports or data files submitted by user. While RadioTVDeals shall take all reasonable efforts for data backup and Station resumption, user will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to RadioTVDeals.

7.      All other statements and materials, whether original content, advisory posts or comments to those advisory posts, reflect the views of such individual contributors and do not reflect the views of RadioTVDeals. We reserve the right to monitor the material placed on this site and to remove any content that we deem inappropriate. You represent that your contribution is in the public domain or original to you, does not infringe the intellectual property, contractual or proprietary rights of any third parties, and is not otherwise defamatory or violative of the law.

Specifically you agree that you will not post any material:

a)     That impersonates any person or entity or acts on behalf of another person or entity without authorization, including, but not limited to, a RadioTVDeals employee or falsely states or otherwise misrepresents your affiliation with a person or entity;

b)     That includes personal or identifying information about another person without that person's explicit consent;

c)     That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

d)     That constitutes or contains any form of junk mail, spam, chain letter, pyramid scheme or other unsolicited or illegal commercial advertisement;

 

e)     That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited by law;

 

 

f)     That employs any tool to disguise the origin of content, including false or misleading E-mail addresses.

 

 

 

 

8.     This section of RadioTVDeals' Terms and Conditions are specifically and only applicable to Media Broker Membership:

Media Broker Membership privileges are granted by RadioTVDeals to individuals exclusively and are granted specifically to the subscribing Media Broker Members only. Media Broker membership accounts are limited to an individual Media broker or consultant. Media Broker Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Media Broker Member without the express written permission of RadioTVDeals. Media Broker Membership privileges are subject to change from time to time and may be subject to additional Station listing and searching limitations. User acknowledges that RadioTVDeals (in addition to its other remedies) can cancel and prohibit Media Broker Membership privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. RadioTVDeals also has the right to refuse service to any customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Media Broker or other membership privileges.

Media Broker monthly membership charges will automatically renew at the prevailing monthly ad cost and the credit card number provided for initial payment will be charged accordingly unless the customer notifies RadioTVDeals Customer Services (in writing) 30 days prior to the renewal date.

Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, RadioTVDeals may immediately cease to provide any and all Deliverables to the user. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. Fees paid for Station listings and other products are not refundable. No partial month refunds will be provided. User may cancel its RadioTVDeals product membership by contacting us only by email (Sales@RadioTVDeals.com) or by fax (575-356-2003). All cancellation requests will be processed within two (2) business days, and a cancellation confirmation will be emailed to the email address on record for the account. The membership will be deactivated at the end of the current billing term. RadioTVDeals reserves the right to change its fees, payment frequency, or billing methods at any time. RadioTVDeals will provide timely notice to the affected users of any such changes. It is User's responsibility to promptly provide RadioTVDeals with any contact or billing information changes or updates (including email address, credit card numbers, etc.).

User acknowledges that Station listings will only be added to the RadioTVDeals web site if all contacts added to that listing are also subscribing individual members. All listings must be added in accordance with the Submission and Administration of Listings terms, as above.  RadioTVDeals reserves the right to remove listings that are deemed excessive in number or in violation of the Submission and Administration of Listings terms. RadioTVDeals reserves the right, in its sole discretion, to remove any listing from the Service.

9.      You agree not to contact anyone who does not wish to be contacted or collect personal data about other users for commercial or unlawful purposes, though any means, including automated means such as spiders or crawlers; or to attempt to gain unauthorized access to RadioTVDeals' systems or engage in any activity that will disrupt this website or its computer systems.

10.     User agrees to treat all information obtained from the Service, including Station listings, Station broker directory, and any other information otherwise made available to user in the Service (individually and collectively, the "Content") as proprietary to RadioTVDeals. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of RadioTVDeals. RadioTVDeals does not ensure the accuracy of, endorse or recommend any Content and User uses such Content at the User's own risk. User may access the Content solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of Content to personal and internal use, and shall not use Content obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce Content obtained from the Service for or in connection with any other listing service or device. Users violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of $500.

11.     You agree not to take any action to circumvent or attempt to circumvent the security of this site or gain unauthorized access to the site.  Prohibited actions include, but are not limited to:  

a)     Logging in or attempting to log in to an account with a user name or password that is not assigned to you or impersonating a registered site user in an attempt to gain access to private information about the site or a site user.

b)     Posting any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including taking any action that imposes and unreasonable burden on the website's infrastructure.

c)     Testing the site and its security measures in an attempt to identify or circumvent the system and its vulnerabilities.

d)     Modify, reverse engineer, disassemble, decompile or otherwise reveal and/or distribute the site's underlying computer code.

Any attempt to engage in any of the above-listed actions or other actions to circumvent or attempt to circumvent the security of this site or gain unauthorized access to the site will result in RadioTVDeals investigating your actions, removing your authorization to access the site and use the services provided and, potentially, referring you to law enforcement authorities for criminal prosecution.

12.     We provide the following information in compliance with the Digital Millennium Copyright Act:

POLICY RELATING TO COPYRIGHT INFRINGEMENT AND IDENTIFICATION OF DESIGNATED AGENT FOR PURPOSES OF SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.

If you have reason to believe that material in which you (or any person or entity for which you are an authorized agent) hold the copyright has been posted in the user comment sections of the Site without Appropriate authorization, please contact RadioTVDeals' Designated Agent to Receive Notification of Claimed Infringement:

Mark Bergman.

You must provide Please provide our Agent with the following Notice:

a)     Identify the material on the site that you claim is infringing, with enough detail so that we may locate it on the website;

b)     A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c)     A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d)     Your address, telephone number, and email address; and

e)     Your physical or electronic signature.

RadioTVDeals fully complies with the notice and take-down provisions of Sections 512(c) and (g) of the United States Copyright Act. We also enforce a policy that provides for the termination of access to the Site to contributors who are found to be repeat infringers or who otherwise violate the policies governing use of the Site.

13.     RadioTVDeals respects the privacy of all site users.  RadioTVDeals utilizes email primary method of communication site visitors. As a registered user, the user hereby acknowledges and grants RadioTVDeals permission to communicate with customer via email (as well as other communication channels such as phone and fax) for any purpose RadioTVDeals determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages.  RadioTVDeals will use best efforts to honor the user's request to opt out of marketing messages, but under no circumstances will RadioTVDeals have any liability for sending any email to its registered users/customers. RadioTVDeals assures customer that under no circumstances will it knowingly share personal and/or email information with any third party. For more information, please refer to our “Privacy Policy”.

14.     You use this website solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While RadioTVDeals has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this website over the Internet cannot be guaranteed.  You agree that RadioTVDeals has no control and is not responsible for the content made available by third parties and that by using this website you may be exposed to content that is offensive, indecent, misleading inaccurate or otherwise to your objection. You acknowledge that RadioTVDeals does not pre-screen or approve Content, but further acknowledge that RadioTVDeals has the sole discretionary right to refuse, delete or otherwise edit any content for violation of these Terms and Conditions.

Any interactions you have with other organizational or individual users of the site of any type are solely between you and such other users. You cannot rely on RadioTVDeals to perform due diligence review or otherwise pre-screen all users and associated services and therefore, you are responsible for your own investigations or research before proceeding with any transactions with such users. 

If there is a dispute between users of this site or between users and any third parties, you understand and agree that RadioTVDeals is under no obligation to become involved and you agree to release RadioTVDeals, its officers, employees, agents and successors in rights from claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

15.     You agree that RadioTVDeals is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the website, or for the consequences of any reliance on such information.  RadioTVDeals shall have no liability for interruptions or omissions in Internet, network or hosting services.

You assume the sole and complete risk of using this website and further agree that you bear the responsibility to evaluate and assume all risks associated with the use of this content, that you will not rely on the content and that you will not hold RadioTVDeals liable in any way for your possible reliance on the content or for any loss or damage you incur as a result of any use of this content. 

16.     Some postings may contain links to other sites on the World Wide Web for your convenience in locating related information and content. These sites have not necessarily been reviewed by RadioTVDeals and are maintained by third parties over which RadioTVDeals exercises no control.  RadioTVDeals expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites.

17.     You expressly absolve and release RadioTVDeals from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

18.     THIS WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. RADIOTVDEALS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE OR ANY OF ITS CONTENT. FURTHER, THE INFORMATION AVAILABLE ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. RADIOTVDEALS MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN ITS CONTENT AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS WEBSITE AND THE CONTENT PROVIDED HEREIN.

UNDER NO CIRCUMSTANCES WILL RADIOTVDEALS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR THE CONTENT PROVIDED HEREIN, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF RADIOTVDEALS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE EXTENT PERMITTED BY LAW, RADIOTVDEALS DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE WEBSITE AND ITS CONTENT.

IN ANY EVENT, THE AGGREGATE LIABILITY OF RADIOTVDEALS FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS WEBSITE AND ITS CONTENT SHALL NOT EXCEED $50.00.

19.     You agree to indemnify and hold harmless RadioTVDeals, its affiliates, and all of their officers, directors, employees, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your use of this website, information provided by you though the website or any breach by you of these Terms and Conditions.

20.     RadioTVDeals reserves the right at any time and for any reason to deny you access to the website or any portion thereof, and to terminate this Agreement. Termination will be effective without notice. Please note that RadioTVDeals reserves the right to change the Terms and Conditions under which this website is made available to you, upon notice, which may be given by RadioTVDeals posting such modifications on the website, by e-mail, or any other reasonable way. Your continued use of this website following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to this Agreement on the website, delivered by email, or provided in any other reasonable way, constitute reasonable and sufficient notice.

21.     Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by RadioTVDeals of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

22.     No joint venture, partnership, employment, or agency relationship exists between you and RadioTVDeals as a result of this Agreement or your use of this website. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.