This is the operations policy collection of legal information, or laws that you must know when NRCW, NRCW LLC, Net Radio Communications Worldwide, Net Radio Communications Worldwide LLC, nrcworldwide.com, nrcw.biz, The MAPP, The Marketing Advertising and Promotions Professionals, MAPP and/or our subsidiaries of the listed are present. These govern all interactions and communications, including all services (and product policies) by NRCW LLC as well as use of NRCW Websites.
§ 0101 This site and its operations is owned and managed by Net Radio communications Worldwide LLC. (hereafter “NRCW” or “NRCW LLC”) and is part of the NRCW family of companies, which includes other quality entertainment brands such as private broadcast promotion radio, production technologies, services, internet radio stations, advertising agencies, advertising servers, other computer services, NRCW TV, NRCW Broadcasting, NRCW Records, NRCW Web Solutions & SEO, NRCW Entertainment, and the NRCW Networks (each an independent “NRCW Website,” and collectively the “NRCW Websites”).
§ 0103 Certain products or services offered by this and/or other NRCW Websites (each a “NRCW Internet Service,” and collectively “NRCW Internet Services”), and certain areas within this and/or other NRCW 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 NRCW Internet 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.
§ 0104 YOU MAY NOT USE ANY NRCW WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY NRCW WEBSITE MAY BE TERMINATED IMMEDIATELY IN NRCW’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.
§ 0201 We are an entertainment and producer website. We produce services and products for modern technology (including, but not limited to video, audio and media production). NRCW is a collaborative effort to advise and produce original content as well as a reference point for outside information. NRCW may not be targeted for any financial gain.
04. Product Guarantee
§ 0401 All products from NRCW LLC are under a 100% guarantee. If for any reason you are not completely satisfied with a product from NRCW LLC you may return it for a full refund minus any shipping charges incurred. NRCW LLC services are backed by a service guarantee associated with each individual service and will be found in writing of the contracts for individual services if not listed below.
05. Service Refunds
§ 0501 All services are to be considered non-refundable unless explicitly defined in your project or service contract.
07. Legal Documents
§ 0401 Licensed in the USA to transact business through electronic means. We are a licensed federal employer with registered ID. Business licenses are available upon request (located in our offices).
08. Use of Contact Information
§ 0501 You may not use any of the contact information (including address(es), telephone numbers, email address(es) or contact boxes) listed on this site for any reason other than directly benefiting NRCW LLC. This means that any company or organization not contracted in writing with NRCW LLC is strictly prohibited from contacting us in any manner unless you are interested in services or products provided by NRCW LLC.
§ 0502 If you or any company you represent disregard this, we may pursue criminal charges including harassment to the full extent permitted by local and federal laws. This section applies to everyone using NRCW contact information. If you are found guilty by means of internal investigation by NRCW of supplying information to third parties, both you and the third party(s) will be held accountable for violation of this section of the NRCW LLC Terms of Service.
§ 0503 NOTICES ARE POSTED WITH ALL BUSINESS DONE WITH NRCW. WE DO NOT SHARE OUR INFORMATION WITH ANY PARTY WHOS TERMS OF SERVICE MAY VIOLATE THIS CAUSE.
§ 0504 Use of Business Cards – No one shall use or distribute personal information of our employees without requesting direct permission from a corporate supervisor. If any company or individual adds one of our company email addresses to any mailing or distribution list without permission, this dictates a violation of this policy. This same applies to direct marketing offers, phone policy and any other means of communication.
§ 0505 Consequences of violation of the Use of contact Information – IF YOU ARE FOUND GUILTY OF SHARING OR DISTRIBUTING NRCW LLC’S CONTACT INFORMATION YOU MAY:
0504.01 be prosecuted to the fullest extent of the law
0504.02 be fined a hefty amount of compensation for disruption of service
0504.03 investigated internally for fraud, illegal or unfair business practices
§ 0506 All communications with NRCW LLC is bound by the Terms associated with this website (found here).
§ 0507 Personal Security Guarantee – procedures and policies enacted to reduce SPAM and provide client oriented services without disruption.
0506.02 IF YOU HAVE OBTAINED INFORMATION FROM ANOTHER PARTY BY PAYING FOR THE INFORMATION, BY LAW YOU MUST REPORT THE COMPANY THAT
0506.02.01 SOLD YOU OUR CONTACT INFORMATION
0506.02.02 PROVIDED ANY CONTACT INFORMATION TO YOU
§ 0507 IF WE RECEIVE FULL COOPERATION FROM YOU, YOU WILL NOT BE PROSECUTED, HOWEVER, BY PROVIDING US THIS INFORMATION YOU ARE HEREBY AGREEING TO REPRESENT NRCW LLC IN COURT
§ 0508 HOWEVER IF YOU DO NOT PROVIDE US THIS INFORMATION AND WE DISCOVER WHO PROVIDED THE INFORMATION; YOU MAY ALSO BE PROSECUTED TO THE FULLEST EXTENT THAT LAW PROVIDES
§ 0509 WE WILL INVESTIGATE ANY ABUSE OF THIS POLICY IMMEDIATELY AND WITH FULL ATTENTION!
§ 0510 Guarantee of correspondence
0510.01 Any company hosting email access or spam protection to self or members of a domain hold the responsibility of allowing email from nrcworldwide.com and subsidiary domains to be on their white list (“non-spam”).
0510.02 For individuals corresponding with NRCW LLC, it is your responsibility to add *@nrcworldwide.com and / or *@nrcw.biz to your “safe senders” list to ensure communications are received.
0510.03 In the event of electronic billing you will receive a secure email from a certified secure PayPal email to process your transaction securely. For more information see section 50 for more details on billing policies.
09. Fair Use Notice
§ 0601 This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.
0601.01 Title 17 U.S.C. Section 107″Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies, scans or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include– (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. (Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2546; Pub. L. 101-650, title VI, Sec. 607, Dec. 1, 1990, 104 Stat. 5132; Pub. L. 102-492, Oct. 24, 1992, 106 Stat. 3145.)”
0601.02 Definitions described in NRCW TOS 0601.01 are defined in the first paragraph of § 0601.
§ 0602 If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
§ 0603 WE OPERATE UNDER THE FREEDOM OF INFORMATION ACT AND GENERAL PUBLIC LICENSE TO OPEN SOURCE CONTENT
§ 0604 Copyright Notice
0603.01 You do not need any permission to link to any of the pages on this site.
0603.02 Limited copyright is granted for you to use and/or republish any of the press releases on this site for any legitimate media purpose as long as you reference NRCW LLC (nrcworldwide.com or nrcw.biz, etc.) as the source.
0603.03 Using the press releases from the NRCW network of sites on other sites that offer competing services to those offered by NRCW LLC, including but not limited to press release distribution, is expressly prohibited under the terms of this copyright.
0603.04 Non-press release pages (Press Release Tips, About NRCW or NRCW Publishing, etc..) cannot be republished without prior written consent of NRCW. You may, however, link to these pages from your site.
§ 0701 Some parts of this NRCW website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the NRCW Website content.
011. Changes to this Agreement
§ 0801 This Agreement is effective as of December 7, 2007. NRCW reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. NRCW will provide notice of such change on this NRCW Website (Date Modified). A notice of major changes will be sent to all parties in the NRCW Network. It is your responsibility to review this Agreement and/or Additional Terms periodically for changes. Your continued use of the NRCW Website and/or NRCW Internet Service 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 NRCW Website and/or the NRCW Internet Service to which the changes may apply.
012. Privacy and Protection of Personal Information
§ 0901 NRCW has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information.
010. Accounts, Security, Passwords
§ 1001 If a particular NRCW Website or NRCW Internet Service 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 NRCW immediately of any unauthorized use of your account. NRCW 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 NRCW Internet Service.
§ 1101 Except where otherwise provided, access to and use of this NRCW Website and the NRCW Internet Services offered through this site are currently available without charge. NRCW reserves the right to charge a fee for access to or use of this NRCW Website, or any NRCW Internet Service available on this NRCW Website at any time in the future. Your access to or use of this NRCW Website before such time does not entitle you to use of this NRCW Website without charge in the future.
012. Disclaimer of Warranties
§ 1201 YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS NRCW WEBSITE AND/OR NRCW INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS NRCW WEBSITE OR NRCW INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. NRCW 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, NRCW 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. NRCW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS NRCW 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. NRCW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS NRCW WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
§ 1202 NRCW IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR NRCW INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
§ 1301 This NRCW Website may contain links to websites operated by third parties. NRCW 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 NRCW’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
014. Software And Downloads Available Through This Website
§ 1401 Any software that is made available to view and/ or download in connection with a NRCW Internet Service (“Software”), including podcasts, audio streaming, or video streaming, is owned or controlled by NRCW and/or 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. NRCW accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
§ 1402 Podcasts
1402.01 Music of almost any kind cannot be included in podcasts (mp3 downloads), since unlike streams, podcasts are a physical copy of the audio, and the music is not licensed for this use. We regret that this means podcasts must be edited to remove all such music, including bumper music that leads out of commercial breaks, and any music content in the show. As always, all streams of the show, including those delivered “on demand”, do include all show content, including music.
1402.02 DJ Remixes and Mix Sessions
§ 1403 Video Broadcasts
015. Third-Party Merchants
§ 1501 This NRCW Website may enable you to order and receive products, information and services from businesses that are not owned or operated by NRCW. 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 those businesses. NRCW 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. NRCW 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 NRCW Internet Service.
016. Modification/Termination by NRCW
§ 1601 NRCW reserves the right, in its sole discretion, to modify, suspend, or terminate this NRCW Website and/or any portion thereof, including any NRCW Internet Service, and/or your account, password, or use of any NRCW Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
§ 1602 Termination of your account for a NRCW Internet Service removes your authorization to use the NRCW Internet 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, NRCW shall not be liable to you or any third-party for any termination of your access to a NRCW Internet Service.
017. Interactive Services
§ 1701 This NRCW Website may offer certain NRCW Internet Services having interactive components such as bulletin boards, chat rooms, blogs, forums and other forms of interaction (collectively “NRCW Interactive Services”). Additional terms may cover these services, which appear on the pages where these services are available.
018. Subscription Services
§ 1801 This NRCW Website may offer certain NRCW Subscription Services such as newsletters and Real Simple Syndication (“RSS”) feeds (collectively “NRCW Subscription Services”). By registering for a NRCW Subscription Service, you will be subject to any charges and rules set forth in the description of that service
019. Premium Services
§ 1901 Some NRCW Internet Services on this NRCW Website, including certain NRCW Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (“NRCW Premium Service”). By using a NRCW Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service.
§ 2001 For Additional Terms applying to all contests or sweepstakes conducted by this NRCW Website, refer to this site’s contest or sweepstakes information.
021. Limitations on Liability
§ 2101 In no event shall NRCW, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the NRCW 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 NRCW 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 NRCW Website or any information, software, products, services, and related graphics obtained through the NRCW Website; (vi) any transactions entered into through this NRCW 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 NRCW Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the NRCW Website and NRCW Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if NRCW has been advised of the possibility of damages.
§ 2201 You agree to indemnify, defend, and hold harmless NRCW, 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 NRCW Website and any related NRCW Internet Service and/or software. NRCW 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 NRCW in asserting any available defenses.
023. International Use/U.S. Export Controls
§ 2301 Accessing materials on this NRCW Website by certain persons in certain countries may not be lawful, and NRCW makes no representation that materials on this NRCW Website are appropriate or available for use in locations outside the United States. If you choose to access this NRCW 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.
§ 2302 The United States controls the export of any software downloadable from this NRCW Website. No software or any other materials associated with this NRCW 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 a NRCW 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.
025. Business Licenses
§ 2501 NRCW LLC is licensed to practice sales and is tax compliant in the United States of America. Any and all business conducted outside of these jurisdiction(s) may be denied until our legal representitives can verify compliance with all laws; federal, state and local. Clients may not be permitted to enact contract(s) without amending this clause. We at NRCW LLC believe in preventing any mistakes before they can happen. This takes many hours of legal research and dedication to law.
027. Bonding and Insurance
§ 2901 Although you may use many features of this site without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as listener clubs and personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age). You must provide the information in order to receive the benefits of registration or of the special service.
§ 2902 We may use the contact information you give us to better tailor your website experience to your interests, to request your opinions with respect to media and entertainment, and to send you information about NRCW and its services as well as promotional material on behalf of some of our partners. We may use information that you provide to us to inform you of content on the web, radio and other methods of content delivery, in which you may be interested and to provide or display the content according to your preferences. We will also share this information within the NRCW family in order to enhance your experiences with NRCW.
030. Online Surveys/Contests
§ 3001 From time to time, we may conduct online surveys and contests. These ask you for contact information (like name or email address) and demographic information (like zip code or age). We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary but only when relevant to the operation (such as client surveys or NRCW Networks promotions.
031. Supplemental Information
§ 3101 To enhance NRCW’s ability to tailor this site to your preferences, we may combine information that you provide us on registration and other online sign-up forms with other information about you that we may obtain. We do not share that information with any other party.
032. Shopping/Commercial Services (eCommerce)
§ 3201 This NRCW site may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our site offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
§ 3202 We will use the financial information that you provide to bill you for products and services. By giving our site your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
§ 3203 We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
034. IP Address and Log Files
§ 3501 We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
§ 3502 In addition, on occasion our site may also set a “session cookie” which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires.
036. Banner Advertising
§ 3601 We license ad-server software from another company to place banner advertising on our sites. All of the data provided and generated by the ad-server software remains in our possession and no data is transferred to the licensor of the software. This feature of our site may, on occasion, set “cookies” on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information as described in this statement.
037. Children’s Personal Information
§ 3701 Consistent with the Children’s Online Privacy Protection Act:
3701.01 This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13.
3701.02 In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.
3701.03 In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
038. Your Choices
3802.01 This NRCW site provides you the opportunity to opt-out of receiving email communications from us and our special relationship partners. To opt-out of receiving email communications, you may:
3802.01.01 Modify your registered user information on our website; or
3802.01.02 Send an email to NRCW Online Music & Radio Support at opTOSt@nrcw.biz. Please include the web address, call letters or station’s name. (Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.)
039. Access to Personal Information
§ 3901 NRCW gives you the opportunity to modify or remove personal information that you have provided to us. You may do so by modifying your password-protected registered user information on our website.
040. Security of Your Personal Information
§ 4001 NRCW employs reasonable security measures consistent with standard industry practice, for information collected through this website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our website. We also use internal protections to limit access to users’ personal information to only those employees who need the information to perform a specific job.
041. Sale or Merger
§ 4101 If this site is sold to, or merges with, another company not owned by NRCW, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, NRCW will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
042. Legal Process
§ 4201 You should be aware that NRCW may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
043. Contacting the Website
§ 4301 If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact NRCW Online Music & Radio Support at email@example.com . Please include the web address, call letters or station’s name. Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.
044. Leased Content
§ 4401 No third-party licensor shall have any liability for the accuracy or completeness of this service or any component thereof or for delays, unauthenticated materials, omissions, or other defects therein nor for any claims or losses arising there from or occasioned thereby, including, without limitation, any lost profits, indirect, special, or consequential damages. Any third party licensors have exclusive proprietary rights from the information received via the service. Customer, end-user, or visitor, as applicable, shall not use or permit anyone to use the information provided through the service for any unlawful or unauthorized purpose. Customer, end-user, or visitor, as applicable, is not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of the source of such information. Provision of the information on the service is subject to termination in the event that any agreement between a third party licensor and a provider of information distributed through the service is terminated in accordance with its terms. Third party licensor and its subsidiaries, affiliates, information providers and content partners shall have no liability for investment decisions based on the information provided hereby.
§ 4401 Leased Content Websites are the complete intellectual property of NRCW LLC. In exchange for the ownership of content, client hereby agrees to pay for services only. Upon decision to purchase website, client must pay the initial development cost minus any earned credit (the purchase value, which is stated on their most recent annual review). Depending on personal contracts, this value may actually increase over time if services rendered are less than the amount paid. NRCW LLC reserves the right to cancel, discontinue, delete, modify or change any content under a leased content agreement at any time for any reason or no reason at all.
045. General Information
§ 4501 This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the States of Pennsylvania & Ohio, 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 cause of action you or NRCW brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this NRCW Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in Harrisburg, Pennsylvania. You agree to submit to the personal jurisdiction of the courts of the State of Pennsylvania for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
§ 4502 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. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and NRCW with respect to the use of this and all NRCW Websites and shall not be modified except in writing, signed by an authorized representative of NRCW.
046. European Union and Other Foreign Nations
§ 4601 This NRCW website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. NRCW makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.
047. Copyright & Trademark Notice
§ 4701 Use of Intellectual Property
4701.01 The NRCW Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, NRCW logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by NRCW or by other parties that have provided rights thereto to NRCW.
4701.02 You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this NRCW Website, in whole or in part, without the express written permission of NRCW.
4701.03 Other trademarks, service marks, product names and company names or logos appearing on this NRCW Website that are not owned by NRCW may not be used without express permission from their owners.
4701.04 Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this NRCW Website, or frame this NRCW Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the NRCW Website in an email for commercial purposes, without the express written permission of NRCW.
048. Copyright Infringement
§ 4801 NRCW respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this NRCW Website, you are granting permission to have this material posted on this NRCW Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. NRCW reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights NRCW may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement here.
§ 4802 Procedure for Making Claim of Copyright Infringement
4802.02 Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
4802.02.01 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4802.02.02 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
4802.02.03 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NRCW to locate the material.
4802.02.04 Information reasonably sufficient to permit NRCW to contact the complaining party, such as an address, telephone number, and, if available, an email address.
4802.02.05 A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
4802.02.06 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4802.03 This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
049. Interactive Service Additional Terms
§ 4902 You agree that you will not:
4902.01 Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes.
4902.02 Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the NRCW Website, or any postings which advocate illegal activity.
4902.03 Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
4902.04 Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
4902.05 Deliver, or provide links to, any postings containing defamatory, false or libelous material.
4902.06 Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
4902.07 Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
4902.08 Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
4902.09 Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
4902.10 Use this NRCW service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the NRCW Website or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including by means uploading or transmitting to this Site or NRCW’s servers any computer viruses, Trojan horses, worms, or other disabling or harmful software intended to damage, interfere with, intercept or monitor surreptitiously, or take over another computer.
4902.11 Attempt to gain unauthorized access to this NRCW Website, any related website, other accounts, computer system, or networks connected to this NRCW Website, through hacking, password mining, or any other means.
4902.12 Obtain or attempt to obtain any materials or information through any means not intentionally made available through this NRCW Website, including harvesting or otherwise collecting information about others such as email addresses.
§ 4903 You are solely responsible and liable for postings delivered to the NRCW Website using your account. Any violation of these provisions can subject your NRCW account to immediate termination and, possibly, further legal action.
§ 4904 NRCW does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a NRCW interactive website by you or other users. NRCW is not obligated to and does not regularly review, monitor, delete, or edit postings. However, NRCW reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. NRCW is not responsible or liable for damages of any kind arising from any postings even when NRCW is advised of the possibility of such damages, or from NRCW’s alteration or deletion of any posting.
§ 4905 The information and opinions expressed in postings on this NRCW Website are not necessarily those of NRCW or its content providers, advertisers, sponsors, affiliated or related entities, and NRCW makes no representations or warranties regarding that information or those opinions. NRCW does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
§ 4906 Unless otherwise provided, all postings to the NRCW Website automatically and immediately become the property of NRCW without any obligation of confidentiality. NRCW shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that NRCW does not retain exclusive ownership of any posting, then you hereby expressly grant to NRCW a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
050. Premium Service (Additional Terms)
§ 5002 Member Account and Password
§ 5003 Charges for Premium Service
5003.01 NRCW will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
5003.02 In the event that you pay for a premium service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.
§ 5004 Limited to Personal and Non-Commercial Use
4004.01 This premium 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 this premium service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this site by writing: NRCW LLC, Legal Department, NRCW LLC, 6423 MONTGOMERY RD, #1, CINCINNATI, OH 45213-1533 ; By Facsimile: (801) 516-1000 ; By Email: firstname.lastname@example.org
§ 5005 Cancellation
5005.01 You may cancel your membership in this premium service at any time by contacting us using the contact information provided on this premium service. In the event that you have paid a fee to register on this site, we will return the unused portion of your membership fee on a 52-week pro-rated basis within ninety (90) days of your cancellation of your membership.
5005.02 We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.
§ 5006 Modification of these Terms of Service
5006.01 NRCW may from time to time change the terms and conditions governing this premium service and all services. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this premium service. Your continued use of this premium service constitutes your agreement to all such terms and conditions.
§ 5007 Submissions
5007.01 Unless otherwise stated, we will not review or consider any unsolicited submissions to this premium service. All submissions to this premium service become our property. No submission will be subject to any reimbursement or other payment by use
§ 5008 Service Contact
5008.01 You may email your requests for customer service through the contact information provided on the home page of nrcw.biz.
051. Account Service Fees
§ 5101 Returned (NSF) Checks – NRCW LLC charges a $30.00 fee for returned (NSF) checks. Customers that issue an NSF check may be required to submit future payments with a certified check or money order. A late fee may be assessed in addition to this service charge if the returned check invoice is not settled by the posted due date.
§ 5102 Credit Card Chargeback – A $30.00 chargeback fee will be assessed for each credit card chargeback received by NRCW LLC. A late fee may be assessed in addition to this service charge (if applicable).
055. Computer Repair
§ 5501 NRCW LLC charges the standard rate for all PC Diagnostics and repair, regardless of outcome.
075. Equal Opportunity Employer Statement
§ 7501 NRCW LLC is fully committed to Equal Employment Opportunity and to attracting, retaining, developing and promoting the most qualified employees without regard to their race, gender, color, religion, sexual orientation, national origin, age, physical or mental disability, citizenship status, veteran status, or any other characteristic prohibited by federal, state or local laws. We are dedicated to providing a work environment free from discrimination and harassment, and where employees are treated with respect and dignity. When a conflict occurs, the company promptly addresses the matter. Should an employee feel they have been unfairly treated, they should report the matter to their Human Resources Representative, or a member of NRCW LLC’s Legal, Labor and Employment Department, or call the Compliance Hotline.
095. Subsidiaries of NRCW
§ 95-01 Club MYX (cMYX) Legal Disclaimer and Terms of Service can be found at www.cmyx.org/tos.html
§ 95-02 Club MYX Studios Legal Disclaimer and Terms of Service can be found at www.cmyxstudios.com/tos.html
§ 95-03 Other websites such as contracted Disk Jockey’s Website’s may be subject to third party TOS (Such as MySpace and FaceBook). You are bound by those third party contracts and NRCW LLC assumes no responsibility whatsoever as stated in the above sections (including but not limited to chapters 13, 15, 21 and 22 subchapters 01 of this document)
100. Rates and Payment Terms
§100-00 Free Consultation Policy
Free on-location (mobile) consultations may be offered when promoted good for up to one hour. Additional time will be billed at the regular rate. This applies to any business or organizations home office location within a ten (10) mile radius. Onsite trip charges apply outside of this range. A full rate (regular or emergency) may be charged for an improper cancellation or “no show”.
§100-01 Regular Rate
The rate is $85.00/hr billed in 15-minute increments with a 1 hour minimum. Billable hours are defined as time spent supporting a customer’s system or providing technical consultation. Onsite trip charges apply.
§100-02 Remote Administration or Phone Support Rates
Billed at the regular rate (or Emergency / Night / Weekend / Holiday rates if applicable) in 15-minute increments with a 15-minute minimum.
§100-03 Emergency Rates (Emergency and Nights/Weekends/Holidays)
$150/hr billed in 15-minute increments with a 1-hour minimum. All phone calls placed to the emergency number will result in the minimum billable time whether of dispatch, phone support, or remote administration. Phone calls, remote administration, and dispatch outside of normal hours (M-F 9:00am to 5:00pm) will be considered Emergency Rates unless prior arrangements have been made. Onsite trip charges apply.
§100-04 Specialized Service Rate (Router, firewall, Cisco, Server setup, etc.)
$115.00/hr billed in 15-minute increments with a 1-hour minimum. Rate applies to consultation and implementation on the above subjects. Onsite trip charges apply.
§100-05 Trip Charge
$15 per trip regardless of billable time incurred. No trip charge will apply for phone support or remote administration support. In some cases the trip charge will be waived. Trip charge $30 for emergency dispatch AND areas outside of standard city trips (examples: West Chester, East Gate, Kentucky, Indiana etc.) Any locations beyond 20 miles must discuss rates with an authorized NRCW LLC agent.
§100-06 No Show / Cancellation Policy
Cancellation requires 24 hours notice. If notice is given less than 24 hours in advance, customer is a “no show” for an appointment, or client business needs do not allow access to necessary equipment or areas to complete the appointment then the minimum billable time will apply. Please arrange to have necessary access (keys, codes, passwords, etc.) prior to an appointment. Please inform us as soon as possible if you cannot make an appointment to allow us to reschedule. The exception to this is in climate weather. In the event that a level two (or above) snow emergency or state of emergency is currently active at your time of appointment, you may assume that your appointment is granted leniency. If you are unsure you must CALL your agent immediately.
§100-07 Coupons, Gift Certificates, or other discount
Must be presented at time of service in order to be properly reflected on invoice. Discount cards and gift certificates must accompany payment and be surrendered at time of service. Single use on all discounts and gift certificates unless otherwise noted.
Rates do not include tax. Tax will be assessed at the current rate for gross taxable receipts in Hamilton Co.
§100-09 Terms of Billing
All clients will receive an invoice or an onsite sales receipt. Invoices are payable to NRCW LLC. Invoices terms are Net 7 unless otherwise noted. Past due accounts are due immediately upon receipt of invoice. Late payment fees (minimum $2.00 or 2% per invoice per week) will apply to invoices not paid by the due date and will continue to be added every 7 calendar days until the invoice payment is received. All delinquent accounts will be turned over to a collections agency if payment resolution can not be attained in 90 days from initial service (60 days after first payment due date). Late payment fees are applied to EACH unpaid invoice to cover the additional costs involved in follow-up, postage, and billable time.
§100-10 Web Account Terms (Any person or business conducting business for web design, web hosting, or maintenance)
Clients that have a web hosting accounts or conduct web site design/update/maintenance services with NRCW LLC will make payments according to the Terms of Billing as stated above. Web services will be suspended for non-payment of ANY service. Web hosting, Internet accessible files, and email will be suspended if any payment is 5 days past the due date on your first invoice. Suspension of web accounts (Internet accessible files and email) will be done without additional notice. NRCW LLC will not be responsible for loss of business, monetary losses, or email delivery due to non-payment. All web accounts that reach 60 days past due will have exactly 72 additional hours to purchace the intellectual property from NRCW LLC to move their files and accounts to another provider before they will be permanently deleted from NRCW LLC servers. Please pay on time and before or on the invoice due date to avoid loss of web services.
§100-11 Domain Names
Unless otherwise noted, domain name renewals are the sole responsibility of the client. NRCW LLC will not be responsible for loss of domain name(s), domain name(s) usage, or renewals. Domain name renewals handled by NRCW LLC will be billed via invoice and will include billable time necessary to maintain registration.
All services require payment in a timely manner. If a client is past due on any invoice or service then no additional services will be performed until the account balance on ALL outstanding invoices are paid in full. A company check distributed on arrival for the outstanding balance or a credit card payment will be the only acceptable forms of payment on past due accounts requiring immediate service. Please communicate with us if you are having a problem paying your invoice or paying on time.
§100-13 Partial payments
Full payment is due by the due date. Partial payments are not accepted unless approved prior to service. Partial payments will be subject to the late fee ($20 per invoice) if any amount is outstanding by the original due date. No further services will be provided until full payment for the original invoiced amount is made. Partial payment will be accepted at the beginning of a project with the final amount to be paid by the invoice due date or within 30 days.
§100-14 Credit Card Payments
Credit card payments are available. Please use this option when an invoice is late or you can not send payment via regular mail. Contact us to arrange a Credit Card payment. Payments mailed to the payment address are preferred.
§100-15 Insufficient Funds/Returned Checks
A fee will be charged to you if you submit a check for payment that is returned to us for insufficient funds. A returned check fee of $30 is charged to cover bank costs. Please pay the original invoiced amount in cash or credit card to cover the full amount and the additional fees. It is a federal offense to knowingly write bad checks
102. Collections Policies and Procedures
Inactive Status – If there has been no activity initiated by the client on a project in 30 days, but the client has been responsive to status requests by the project manager, said project will be classified as “inactive”. Inactive projects are invoiced periodically throughout the fiscal year, to ensure all parties are able to keep their records up-to-date. Please note that an inactive classification has no adverse effect on your account, provided all invoices are paid on time. If your project is incomplete and you have received an inactive project invoice, please rest assured that you are being invoiced only for work actually completed to date, and that you are welcome to re-open the project at any time. Upon payment of your invoice, you will have rights to request delivery of any design files (complete, or otherwise).
Delinquent Status – After 30 days, a late payment charge of 2% per month (26.82% p/a) is applied to all delinquent accounts, without exception and retroactive to the date of invoice. If the account remains in default after 60 days, or if the customer’s payment is charged back to us by way of credit card fraud, cheque fraud or other crime, we will issue one final notice before turning the account over to a third-party collections agency. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections. Refusing to pay your bill is theft, and we take it very seriously. If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will revert to Sage Media. In such a case, we will retain the right to repossess any and all materials created for the client. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.
Abandoned Status – If a client should abandon a project by way of negligence (e.g., cutting off contact, refusing to respond to emails or phone calls), an invoice shall be issued for the full quoted amount, regardless of project status on abandonment. Abandoned projects are also subject to an accelerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.