terms of use
Use of the PowerOfUrbanRadio.com web site and related services constitutes the unconditional agreement by the user ("you" or the "User") to the terms and conditions set forth below. These terms of service and conditions of use constitutes a binding agreement between you and Interep National Radio Sales, Inc. ("Interep"), so please read all of the following information carefully. If you do not agree with any of these terms of sevice and conditions of use, you may not use the services provided by PowerOfUrbanRadio.com web site.
How PowerOfUrbanRadio.com Works
The PowerOfUrbanRadio.com web site is comprised of various web sites and web pages operated by Interep, its affiliates and certain third parties. Interep is an independent full-service advertising sales and marketing company devoted to media representation. Through our PowerOfUrbanRadio.com web site, you may access information concerning the development of integrated advertising and marketing programs using the Internet, radio, TV, outdoor, point-of-purchase and turnkey promotions. You may also request that additional information be made available to you and that a representative of Interep and Interep affiliate contact you. This information and the services offered are organized so as to be helpful to the distinctive needs of advertisers seeking to reach more of their target audience.
Modification of These Terms
These pages are protected by copyright. The copyright in all content of this website, including databases, text, graphics, software, HTML code, CGI and other scripts, and their selection, arrangement and formatting, is owned by us. No part of our website may be permanently copied, stored or reproduced in any electronic, digital or other form or on any other website, in whole or in part. nor may it be sold or otherwise distributed. You may access and download the contents of these pages and store a copy of them on a temporary basis for the sole purpose of viewing these pages. Within these limitations, you may use the information provided in this website, but only for your radio and internet advertising sales and marketing needs. All moral rights and equivalent rights in the content of this website are asserted and reserved.
Access to this website and the related databases is permitted solely at our discretion. We reserve the right to change this website in any respect, deny access, reject informational listings, impose password, payment or other conditions.
Accuracy of Information
Interep will make reasonable efforts to ensure that the information provided on the PowerOfUrbanRadio.com web site is accurate. We cannot, and do not, however, guarantee the accuracy, completeness or timeliness of the information provided on this site. The PowerOfUrbanRadio.com web site also provides links to sites operated by various third-parties. In certain cases, we may use "frames" so that you may quickly return to the PowerOfUrbanRadio.com site. Interep does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, recommend or advocate, the information, facts, views, opinions or services of such sites.
Liability Disclaimer
INTEREP NATIONAL RADIO SALES, INC. DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE POWEROFURBANRADIO.COM WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL INTEREP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF WEB SITES LINKED TO THE POWEROFURBANRADIO.COM WEB SITE, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE POWEROFURBANRADIO.COM WEB SITE, ANY DELAY OR INABILITY TO USE THE POWEROFURBANRADIO.COM WEB SITE, THE PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION OBTAINED THROUGH THE POWEROFURBANRADIO.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE POWEROFURBANRADIO.COM WEB SITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE POWEROFURBANRADIO.COM WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
Applicable Law
These Terms of Service and Conditions of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America, applicable to agreements made and fully to be performed in such State,without giving effect to conflicts of laws principles. You hereby consent to the exclusive personal jurisdiction of the state and federal courts located in New York County, State of New York, United States of America and agree that such courts will have jurisdiction over all disputes arising out of or relating to your use of the PowerOfUrbanRadio.com web site.
Copyright and Trademark Notices
Except as otherwise noted, all pages on the PowerOfUrbanRadio.com web site are the copyrighted property of Interep National Radio Sales, Inc., 100 Park Avenue, New York, NY 10017, Copyright ©1999-2006.
INTEREP is a trade name and service mark of Interep National Radio Sales, Inc. Any and all rights not expressly granted herein are reserved.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Designated Agent for a Service Provider. THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF E-MAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent for Interep and its affiliates:
Service Providers:
Interep National Radio Sales, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Victor Lirio
Full Address of Designated Agent to Which Notification Should be Sent:
100 Park Avenue
New York, NY 10017
Telephone Number of Designated Agent: (212) 309-9031
Facsimile Number of Designated Agent: (212) 309-9352
E-mail Address of Designated Agent: info@powerofurbanradio.com
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is infringed;
- 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;
- Identification of the material that is claimed to be infringing 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- 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; and
- 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.
Upon receipt of the written Notification containing the as outlined in 1 through 6 above:
- Service Provider shall remove or disable access to the material that is alleged to be infringing;
- Service Provider shall forward the written notification to such alleged infringer ("Content Provider"); and
- Service Provider shall take reasonable steps to promptly notify the Content Provider that it has removed or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:
- A physical or electronic signature of the Content Provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Content Provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The Content Provider's name, address, and telephone number, and a statement that the Content Provide consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Content Provider's address is outside of the United States, for any judicial district in which the Content Provider may be found, and that the Content Provider will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
- Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;
- Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Content Provider from engaging in infringing activity relating to the material.
General
You agree that no joint venture, partnership, employment or agency relationship exists between you and Interep arising out of your use of the PowerOfUrbanRadio.com web site. If any part of these Terms of Service and Conditions of Use are deemed by a court of competent jurisdiction to be invalid or unenforceable, these Terms of Service and Conditions of Use shall be interpreted and enforceable as if such provision were severed or limited, but only to the extent necessary to render such provision and these Terms of Service and Conditions of Use enforceable. These Terms of Service and Conditions of Use constitute the entire agreement between you and Interep and merges and supersedes all prior and contemporaneous understandings with respect to the subject matter herein. A printed version of these Terms of Service and Conditions of Use shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.