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This site is owned or managed by WomensAvenue.com ("Women's Avenue") and is part of the Women's Avenue family of companies, which includes other quality entertainment brands such as a broadcast and Internet radio station, (each a "Women's Avenue Website", and collectively the "Women's Avenue Websites").
Women's Avenue provides this Women's Ave Radio 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 Women's Avenue Website. Your use of this Women's Avenue 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 Women's Avenue Website. This Agreement sets forth Women's Avenue's policies with respect to its operation of the Women's Avenue Websites. Other policies govern Women's Avenue non-Internet operations.
Certain products or services offered by this and/or other Women's Avenue Websites (each a "Women's Avenue Internet Website," and collectively "Women's Avenue Internet Websites"), and certain areas within this and/or other Women's Avenue 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 Women's Avenue Websites and 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 WOMEN'S AVENUE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY WOMEN'S AVENUE WEBSITE MAY BE TERMINATED IMMEDIATELY IN WOMEN'S AVENUE�S 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.
WOMEN'S AVENUE IS A FAMILY FRIENDLY SITE AND WE DO NOT ALLOW ANY ADULT MATERIAL TO BE DISPLAYED OR PRODUCED ON WOMENSAVENUE.COM OR WOMENSAVERADIO.COM. ANY ADULT MATRIAL THAT IS DISPLAYED OR PRODUCED ON EITHER WOMENSAVENUE.COM OR WOMENSAVERADIO.COM WILL BE IMMEDIATE REMOVAL OF YOUR RIGHTS TO VISIT THESE WEBSITES.
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Changes to this Agreement
This Agreement is effective as of October 5,2005. Women's Ave Radio reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Women's Ave Radio and WomensAvenue.com will provide notice of such change on this Women's Avenue Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Women's Ave Radio Website and/or WomensAvenue.com 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 Women'Averadio Website and/or the WomensAvenue.com website to which the changes may apply.
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Privacy and Protection of Personal Information
Women's Ave Radio 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 here.
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Accounts, Security, Passwords
If a particular Women's Ave Radio Website or WomensAvenue.com 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 WomensAvenue.com or Women's Ave Radio immediately of any unauthorized use of your account. Women's Ave Radio 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 Women's Ave Radio or WomensAvenue.com account.
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Fees
Except where otherwise provided, access to and use of this Women's Ave Radio and Women's Avenue Websites offered through this site are currently available without charge. Women's Ave Radio reserves the right to charge a fee for access to or use of this Women's Avenue Website, or any Women's Ave Radio or Women's Avenue Service available on this Women's Avenue Website at any time in the future. Your access to or use of this Women's Avenue Website before such time does not entitle you to use of this Women's Avenue Radio or Women's Avenue Website without charge in the future.
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Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WOMEN'S AVE RADIO AND WOMEN'S AVENUE WEBSITE SERVICES IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WOMEN'S AVE RADIO WEBSITE OR WOMENSAVENUE.COM ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. WOMEN'S AVE RADIO 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, WOMEN'S AVE RADIO 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. WOMEN'S AVE RADIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WOMEN'S AVE RADIO 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. WOMEN'S AVE RADIO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WOMEN'S AVE RADIO WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
WOMEN'S AVE RADIO IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
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Links
This Women's Ave Radio Website may contain links to websites operated by third parties. Women's Ave 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 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 Women's Ave Radio's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
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Software Available Through WAR Website
Any software that is made available to view and/ or download in connection with Women's Ave Radio is owned or controlled by Women's Ave Radio and/or 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. Women's Ave Radio accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
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Third-Party Merchants
This Women's Ave Radio Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Women's Ave Radio. 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. Women's Ave Radio 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. Women's Ave Radio 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 Women's Ave Radio website.
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Modification/Termination by Women's Ave Radio
Women's Ave Radio reserves the right, in its sole discretion, to modify, suspend, or terminate this Women's Ave Radio Website and/or any portion thereof, including any Women's Ave Radio services, and/or your account, password, or use of any Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a Women's Ave Radio Service removes your authorization to use the Women's Ave Radio 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, Women's Ave Radio shall not be liable to you or any third-party for any termination of your access to a Women's Ave Radio or Women's Avenue website or service.
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Interactive Services
This Women's Ave Radio Website may offer certain Women's Ave Radio Services having interactive components such as bulletin boards, chat rooms and forums (collectively "Women's Ave Radio Interactive Services"). A copy of the Interactive Service Additional Terms can be found here.
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Subscription Services
This Women's Ave Radio Website may offer certain Women's Ave Radio Subscription Services such as newsletters (collectively "Women's Ave Radio Subscription Services"). By registering for a Women's Ave Radio Subscription Service, you will be subject to any charges and rules set forth in the description of that service
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Premium Services
Some Women's Ave Radio Services on this Women's Ave Radio Website, including certain Women's Ave Radio Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee ("Women's Ave Radio Premium Service"). By using the Women's Ave Radio Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service. A copy of the Premium Service Additional Terms can be found here.
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Contests/Sweepstakes
For Additional Terms applying to all contests conducted by this Women's Ave Radio Website, refer to this site's contest information.
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Limitations on Liability
In no event shall Women's Ave Radio, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Women's Ave Radio 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 Women's Ave Radio 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 Women's Ave Radio Website or any information, software, products, services, and related graphics obtained through the Women's Ave Radio Website; (vi) any transactions entered into through this Women's Ave Radio 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 Women's Ave Radio Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Women's Ave Radio Website and WomensAvenue.com. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Women's Ave Radio has been advised of the possibility of damages.
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Indemnification
You agree to indemnify, defend, and hold harmless Women's Ave Radio, 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 Women's Ave Radio Website and any related Women's Avenue and/or software. Women's Ave Radio 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 Women's Ave Radio in asserting any available defenses.
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International Use/U.S. Export Controls
Accessing materials on this Women's Ave Radio Website by certain persons in certain countries may not be lawful, and Women's Ave Radio makes no representation that materials on this Women's Ave Radio Website are appropriate or available for use in locations outside the United States. If you choose to access this Women's Ave Radio 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 Women's Ave Radio Website. No software or any other materials associated with this Women's Ave Radio 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 Department's 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 this Women's Ave Radio 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.
