Terms

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The ERSKINE OVERNIGHT Terms of Use and Copyright Notice

(Last Date of Modification: June 17, 2015)
The ERSKINE OVERNIGHT Terms of Use (“Terms”) apply when you browse, listen or subscribe to (download) an RSS feed from our website (“podcast”). In these Terms, “ERSKINE OVERNIGHT,” “we,” “us,” and “our” “this website” mean ERSKINE OVERNIGHT, ErskineOvernight.com, and each of its current and future affiliates, subsidiaries, and its parent company, Priority Radio Network LLC; and “you,” “your,” “yours,” and “yourself” mean a user of our website. Acceptance of these Terms is a condition to using this website. By browsing, listening or subscribing to an RSS feed and using a podcast, you agree to be bound by these Terms and laws and regulations that apply to such use.

In addition to these Terms of Use, the General Terms of Use, the Privacy Policy and the Online Privacy Policy for also apply to your use of podcasts/archives, to the extent applicable.

GOVERNING LAW:

These Terms will be interpreted according to the laws of the State of Arizona.

OWNERSHIP:

The materials posted and published on this website, ErskineOvernight.com; including but not limited to broadcasts, forums, news, podcasts and archives, distributed by the ERSKINE OVERNIGHT and its affiliates are owned by or licensed to ERSKINE OVERNIGHT. Rights to certain images, ads and article materials remain the property of their respective owners.

Notwithstanding any other provision of this Agreement, the ERSKINE OVERNIGHT organization and its licensors reserve the right to change, suspend, remove, or disable access to any content, or other materials comprising a part of ErskineOvernight.com at any time without notice. In no event will the ERSKINE OVERNIGHT organization be liable for making these changes. The ERSKINE OVERNIGHT organization may also impose limits on the use of or access to certain features or portions of ErskineOvernight.com, in any case and without notice or liability.

GENERAL:

Although every reasonable effort has been made to ensure that the information in the broadcasts and on the website; including but not limited to broadcasts, forums, news, ads, podcasts and archives, was accurate at the time of production, we accept no responsibility for any errors, omissions or misleading statements in any broadcast or on the website, or those you may be able to access through a link on this site.

We exclude to the fullest extent permitted by law all representations or warranties with respect to the content of the website; including but not limited to broadcasts, forums, news, podcasts and archives, whether express or implied including but not limited to any warranty or representation that the server from which the information and downloads are available is free of viruses or bugs.

We exclude all liability to any third party anywhere in the world for any injury, damage, direct or indirect loss, consequential or economic loss or any other loss, injury suffered as a result of the use of or reliance upon the information contained in the website ;including but not limited to broadcasts, forums, news, podcasts and archives, to the maximum extent permitted by law.

OBJECTIONABLE MATERIAL:

You understand that by using, browsing or listening to any content on ErskineOvernight.com, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use ErskineOvernight.com at your sole risk and the ERSKINE OVERNIGHT organization shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.

PRIVACY POLICY:

This privacy notice discloses the privacy practices for ERSKINE OVERNIGHT. This privacy notice applies solely to information collected by ERSKINE OVERNIGHT on the ERSKINE OVERNIGHT website. It may notify you of the following:

  • What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
  • What choices are available to you regarding the use of your data.
  • The security procedures in place to protect the misuse of your information.
  • How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site.

We collect no information on users who browse our website. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.

Unless you ask us not to, we may contact you via email and/or telephone in the future.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number if given on our website:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information we protect your information offline. Only employees who need the information to perform a specific job are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you have questions about any of our privacy policies please contact us by using our Contact Us page.

COPYRIGHT:

All of the materials on this site, including but not limited to broadcasts, forums, news, podcasts and archives, are the copyright or other intellectual property of the ERSKINE OVERNIGHT and/or its Licensors, unless otherwise indicated, and all rights are reserved.

INTELLECTUAL PROPERTY:

You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use material posted and published to this website from the ERSKINE OVERNIGHT in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any material posted to or published on this site from the ERSKINE OVERNIGHT except for your own personal, non-commercial use.

None of the materials, including podcasts and archives, produced by the ERSKINE OVERNIGHT may be used for any other purpose and/or for any commercial purposes without prior consent from the ERSKINE OVERNIGHT, for which you may be required to pay a license fee. To find out about commercial use, please contact us.

OUR INTELLECTUAL PROPERTY RIGHTS:

All content in our podcasts/archives are the exclusive property of ERSKINE OVERNIGHT and/or its licensors and are protected by copyrights or other intellectual property rights. The trademarks, logos, and ERSKINE OVERNIGHT marks displayed on or in connection with our podcasts/archives or related materials (collectively the “Trademarks”) are the trademarks of ERSKINE OVERNIGHT or third parties. You are prohibited from using, copying, altering, modifying, or changing the Trademarks. Nothing in our podcasts/archives, on our podcast/archives webpages, in these Terms grants you directly or indirectly any license or right to use any Trademark without the express prior written permission of ERSKINE OVERNIGHT or of the applicable third party with rights to that Trademark.

INTERNATIONAL USE:

ERSKINE OVERNIGHT does not make any representation that use of our podcasts/archives is appropriate or available for use in locations outside of the United States. You are prohibited from accessing the website from countries or territories where its content or use is illegal. If you access our website from locations outside the United States, you do so at your own risk and are responsible for compliance with local laws.

LINKS TO OTHER WEBSITES:

Our website may contain links to websites controlled or offered by third parties (non-affiliates of ERSKINE OVERNIGHT). We disclaim liability for any third-party website content, products, privacy policies, or security. If you choose to use the products or services available at a linked site, you agree to read and adhere to the policies and terms of use that apply to that site. In addition, any advice, opinions, or recommendations that the linked site provides are those of the linked site and not of ERSKINE OVERNIGHT. Your participation in any linked site, including payment for and delivery of goods or services, is based solely on the agreement, if any, between you and the linked site. ERSKINE OVERNIGHT is not responsible for the use of personal information that is collected by sites linked to or from our website.

CHANGE OF TERMS:

We have the right to modify these Terms at any time in any manner we choose. Any modifications will be effective when we post them online, unless we state otherwise. The date on which these Terms were last updated is shown at the top of these Terms. You are responsible to review from time to time these Terms, including the ERSKINE OVERNIGHT Privacy Policy, for any changes. Each time you access or use our website, you agree to any modified Terms posted at that time.

TERMINATION OR MODIFICATION:

At our sole discretion, ERSKINE OVERNIGHT may terminate these Terms and your use of our website; including but not limited to broadcasts, forums, news, podcasts and archives, at any time without notice. All applicable provisions of these Terms will survive termination.

INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless ERSKINE OVERNIGHT, its affiliates, and their respective officers, directors, employees, consultants, agents, third-party service providers, and licensors from any and all third-party claims, liability, damages and/or costs (including without limitation, reasonable attorneys fees) arising from: (a) a third-party claim, action, or allegation of infringement, misuse, or misappropriation arising from your use of our podcasts; (b) your fraud, manipulation, or other breach of these Terms; (c) any third-party claim, action, or allegation brought against Genesis Communications Network arising from or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any products or services offered or provided directly or indirectly through our website ;including but not limited to broadcasts, forums, news, podcasts and archives,; or (d) your violation of any law or any rights of a third party. ERSKINE OVERNIGHT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will at your expense cooperate with ERSKINE OVERNIGHT in asserting any available defenses.

PODCAST/ARCHIVES TERMS OF USE:

Thank you for your interest in the ERSKINE OVERNIGHT podcasts/archives. We look forward to providing you with a wide selection of informative and entertaining audio content to listen to on your PC or MP3 player.

Each podcast/archive is for your personal use only.

You must not use a podcasts/archives for a business or commercial purpose, to generate income or revenue for yourself or another, or to direct visitors from our website to any other website or from any other website to our website.

All podcasts’/archives’ content are provided without any warranty whatsoever. Your reliance on podcasts’/archives’ content is entirely at your own risk.

Your unauthorized use of any of our podcasts/archives, your violation of these Terms of Use, or your use of a podcasts/archives in any illegal or unlawful way is strictly prohibited and, in addition to our rights and remedies, may subject you to immediate suspension or termination of your eligibility to use any of our podcasts/archives.

No Warranty; No Liability We provide each podcast/archive “as is,” “as available,” with no warranty of any kind. You will use any and all podcasts/archives at your own risk. As described below, ERSKINE OVERNIGHT assumes no responsibility for your activity resulting from or in connection with any of our podcasts.

We make no representation or warranty, express or implied, relating to our podcasts/archives or any related content, products, services, advertisements, software, websites, or other materials (including without limitation, their performance, availability, contents, functions, or efficiency), including without limitation, express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights and title, and any implied warranties arising from course of dealing or course of performance.

The ERSKINE OVERNIGHT, its affiliates, and any of their respective officers, directors, shareholders, parents, subsidiaries, affiliates, agents, licensors, or third-party service providers will not be liable for any consequential (including without limitation, loss of data, files, profit, revenue, or goodwill or the costs of procurement of substitute products or services), indirect, incidental, special or punitive damages arising from or relating to your use of our podcasts/archives.

Subject to our Privacy Policy (see above), we may retain and use, for any lawful purpose and at any time, any content you provide through your use of podcasts, including information about you, your use and navigation of podcast webpages, and your thoughts, preferences, and feedback. Content you provide will not be returned to you, and you will not seek or be entitled to fees, reimbursement, or compensation of any kind from us or anyone else in connection with your content.