Terms of Use

uFM92.com Terms of Use Agreement, Copyright, Privacy Agreement (“Agreement”)

READ THIS AGREEMENT BEFORE ACCESSING WEBSITE.

Effective Date: Agreement was last updated on April 1, 2014.

This Agreement sets forth the standards of use of the Forever Communications, Inc.,

Forever South Licenses, LLC and their respective affiliates, successors and assigns

(collectively “Provider”) online service (“Provider Website”). By using this Provider Website

you (the “Member”) agree to these terms and conditions. If Member does not agree to the

terms and conditions of this Agreement, Member should immediately cease all usage of this

Provider Website. Provider reserves the right, at any time, to modify, alter, or update the

terms and conditions of this Agreement without prior notice. Modifications shall become

effective immediately upon being posted at Providers online service. Member’s continued use

of the Service after amendments are posted constitutes an acknowledgement and

acceptance of the Agreement and its modifications. Except as provided in this paragraph,

this Agreement may not be amended.

 

1. Description of Service

 

Provider is providing Member with Provider Website, information, entertainment and internet

radio station access, solely for personal non-commercial use, only and at all times subject to

Members full compliance with this Agreement. Other policies may govern Providers other

Internet and non-Internet operations at Providers sole discretion. Member must provide (1)

all equipment necessary for their own Internet connection, including computer and/or

modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate

with such connection. Certain products or services offered by this and/or other Provider

Websites (each a “Provider Internet Service,” and collectively “Provider Internet Services”),

and certain areas within this and/or other Provider Websites may be governed by additional

terms and conditions (“Additional Terms”) presented in conjunction with those products or

services. Member must agree to these Additional Terms before using those areas or Provider

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. Any software that is made available to view and/or download

in connection with a Provider’s Website (“Software”) is owned or controlled by Provider

and/or licensors, affiliates and suppliers and is protected by copyright laws and international

treaty provisions. Member 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. Provider

accepts no responsibility or liability in connection with any Software owned or controlled by

third parties.

 

2. Accounts, Security, Passwords

 

If a particular Provider Website and/or Provider Internet Service requires Member to open an

account, Member 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 Member’s responsibility to maintain the currency, completeness, and

accuracy of Member’s registration data and any loss caused by Member’s failure to do so is

Member’s responsibility. After Member has fully completed the registration form, Member

may be asked to choose a password and a user name. It is entirely Member’s responsibility to maintain the confidentiality of Member’s password and account. Additionally, Member is

entirely responsible for any and all activities that occur under Member’s account. Member

agrees to notify Provider immediately of any unauthorized use of Member’s account. Provider

is not liable for any loss that Member may incur as a result of someone else using Member’s

password or account, either with or without Member’s knowledge. Member may cancel

Member’s account by delivering notice in the manner provided in the Additional Terms

governing the particular a Provider Website and/or Provider Internet Service.

 

3. Fees

 

Except where otherwise provided, access to and use of this Provider Website and/or the

Provider Internet Services offered through Provider are currently available without charge.

Provider reserves the right to charge a fee for access to or use of this Provider Website, or

any Provider Internet Service available on this Provider Website at any time in the future.

Member access to, or use of this Provider Website before such time, does not entitle Member

to use of this Provider Website without charge in the future.

 

4. Disclaimer of Warranties.

 

The Provider Website and/or Provider Internet Services are provided by Provider on an “as

is” and on an “as available” basis. Member use of and reliance on, any advice or information

obtained from or through this Provider Website and/or other Provider Internet Services is at

Member’s own risk to the fullest extent permitted by applicable law, Provider makes no

representations or warranties of any kind, express or implied, regarding the use or the

results of the Provider Website and/or Provider Internet Services in terms of its correctness,

accuracy, reliability, or otherwise. Provider shall have no liability for any interruptions, server

errors, misdirected or redirected transmissions, virus, spam or mal-ware or any other

technical difficulties in the use of the Provider Website and/or Provider Internet Services.

Provider disclaims all warranties with regard to the information provided, including the

implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

 

5. Limitation of Liability

 

PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR

PROVIDER, SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR

INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF

USE, ARISING OUT OF OR RELATED TO THE PROVIDER WEBSITE OR PROVIDER INTERNET

SERVICES OR THE INFORMATION CONTAINED IN THEM, WHETHER SUCH DAMAGES ARISE

IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE,

EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

6. Indemnification

 

Member agrees to indemnify, defend and hold Provider, their parents, subsidiaries, affiliates,

owners, members, officers, agents and employees, harmless from any claim or demand,

liability, cost or expense including reasonable attorneys’ fees and costs, made by any third

party due to or arising out of Member’s use of the Service, the violation of this Agreement,

or infringement by Member, or other user of the Service using Member’s computer, of any

intellectual property or any other right of any person or entity.

 

7. Modifications and Interruption to Service

 

Provider reserves the right to modify or discontinue the Service with or without notice to the

Member. Provider shall not be liable to Member or any third party should Provider exercise

its right to modify or discontinue the Service. Member acknowledges and accepts that

Provider does not guarantee continuous, uninterrupted or secure access to Provider’s

Website and/or Provider Internet Services and operation may be interfered with or adversely

affected by numerous factors or circumstances outside of our control.

 

8. Third-Party Sites, Third Party Merchants

 

Our Provider Website and/or Provider Internet Services may include links to other sites on

the Internet that are owned and operated by online merchants and other third parties.

Provider does not monitor or control the linked sites and makes no representations or

warranties in regard to any linked or merchant sites. Member at all times agrees that any

access to a linked site is at his or her own risk. Member acknowledges that Provider is not

responsible for the availability of, or the content located on or through, any third-party site.

Member should contact the site administrator or Webmaster for those third-party sites if

Member has any concerns regarding such links or the content located on such sites.

Member’s use of those third-party sites is subject to the terms of use and privacy policies of

each site, and we are not responsible therein. Provider encourages all Members to review

said privacy policies of third parties’ sites. This Provider Website and/or other Provider

Internet Services may enable Member to order and receive products, information and

services from Third Party Merchant businesses that are not owned or operated by Provider.

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 Member and such businesses. Provider 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. Provider will not be a party to or in any way responsible for

monitoring any transaction between Member and third-party providers of such products,

services, or information, or for ensuring the confidentiality of Member credit card

information. Any separate charges or obligations Member incur in Member dealings with

these third parties are Member’s responsibility and are not part of the fee, if any, charged for

the Provider Website and/or Provider Internet Service.

 

9. Disclaimer Regarding Accuracy of Vendor Information

 

Product specifications and other information have either been provided by the Vendors or

collected from publicly available sources. While Provider makes every effort to ensure that

the information on the Provider Website or Provider Internet Service is accurate, Provider

makes no representations or warranties as to the accuracy or reliability of any information

provided on this Provider Website and/or Provider Internet Services.

Provider makes no warranties or representations whatsoever with regard to any product

provided or offered by any Vendor, and Member acknowledges that any reliance on

representations and warranties provided by any Vendor shall be at Member’s own risk.

 

10. Modification/Termination by Provider

 

Provider reserves the right, in its sole discretion, to modify, suspend, or terminate this

Provider Website and/or any portion thereof, including any Provider Internet Service, and/or

Member account, password, or use of any Provider Internet Service, or any portion thereof,

at any time for any reason with or without notice to Member.

Termination of Member account for a Provider Website and/or Provider Internet Service

removes Member authorization to use the Provider Website and/or Provider Internet Service.

In the event of termination, Member will still be bound by Member’s obligations under this

Agreement and any additional terms, including the warranties made by Member, and by the

disclaimers and limitations of liability. Additionally, Provider shall not be liable to Member or

any third-party for any termination of Member access to a Provider Internet Service.

 

11. Interactive, Subscription, and or Premium Services

 

This Provider Website may offer certain Provider Internet Services having interactive,

subscriber or Premium service components such as newsletters, bulletin boards, chat rooms

and forums, for free or for additional charge which shall also be covered by the terms and

conditions herein, or at providers sole discretion under their respective or collective

Additional Terms or additional Terms of Use statements put forth by Provider and made a

part hereof.

 

12. Contests/Sweepstakes

 

Additional Terms apply to all contests or sweepstakes conducted by this Provider, these

Additional Terms can include qualification, exclusion, conduct, and post contest or

sweepstake participation. Refer to this site’s or Provider’s other specific Internet or non-internet contest or sweepstakes Additional Terms. In the event of an irreconcilable

inconsistency between the Additional Terms and this Agreement, the Additional Terms shall

control.

 

13. Adult Content

 

Some parts of this Provider Website and/or Provider Internet Service may contain content

interpreted to be intended for people who are at least 18 years old. By viewing this adult

content, Member is representing that Member is at least 18 years old and that the content is

acceptable to Member. Filtering software is commercially available which can be used to

exclude content that is not acceptable to Member. This software may prevent the display of

all or portions of the Provider Website content.

 

14. Governing Law

 

Providers Website and/or Provider Internet Services are originated, operated and provided in

the State of Tennessee. As such, Provider is subject to its laws, and such laws will govern

this Agreement, without giving effect to any choice of law rules. Provider makes no

representation that our Provider Website or Provider Internet Services or other services are

appropriate, legal or available for use in other locations. Accordingly, if Member chooses to

access Provider Website and/or other Provider Internet Services Member agrees to do so

subject to the internal laws of the State of Tennessee.

 

14. Governing Law

 

Providers Website and/or Provider Internet Services are originated, operated and provided in

the State of Tennessee. As such, Provider is subject to its laws, and such laws will govern

this Agreement, without giving effect to any choice of law rules. Provider makes no

representation that our Provider Website or Provider Internet Services or other services are

appropriate, legal or available for use in other locations. Accordingly, if Member chooses to

access Provider Website and/or other Provider Internet Services Member agrees to do so

subject to the internal laws of the State of Tennessee.

 

15. Compliance with Laws.

 

Member assumes all knowledge of applicable law and is responsible for compliance with any

such laws. Member may not use the Service in any way that violates applicable state,

federal, or international laws, regulations or other government requirements. Member

further agrees not to transmit any material that encourages conduct that could constitute a

criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. MEMBER MAY NOT USE OR ACCESS ANY

PROVIDER WEBSITE AND/OR PROVIDER INTERNET SERVICE FOR ANY PURPOSE THAT IS

UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL

TERMS. MEMBER ACCESS TO ANY PROVIDER WEBSITE AND/OR PROVIDER INTERNET

SERVICE MAY BE TERMINATED IMMEDIATELY IN PROVIDER’S SOLE DISCRETION, WITH OR

WITHOUT NOTICE, IF MEMBER FAILS TO COMPLY WITH ANY PROVISIONS OF THIS

AGREEMENT AND OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

 

16. Copyrights and Trademark Information

 

All content included or available on this site, including site design, text, graphics, interfaces,

and the selection and arrangements thereof is the property of Provider and/or third parties

protected by intellectual property rights. Any use of materials on the Provider Website

and/or Provider internet Service, including reproduction, modification, distribution, or

replication, any form of data extraction or data mining, or other commercial exploitation of

any kind, without express prior written permission of the President of Provider is strictly

prohibited. Member agrees that they will not use any robot, spider, or other automatic

device, or manual process to monitor or copy Provider web pages or the content contained

therein without express prior written permission of the President of Provider.

Froggyland™, Froggyland.com™ , and Hometown CountryTM , are proprietary marks of

Provider and such Provider trademarks may not be used in connection with any product or

service that is not provided by Provider, in any manner that is likely to cause confusion

among customers, or in any manner that disparages or discredits Provider. All other

trademarks displayed on Provider’s Website and/or provider Internet Services are the

trademarks of their respective owners, and constitute neither an endorsement nor a

recommendation of those Vendors. In addition, such use of trademarks or links to the web

sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or

have any affiliation with Provider.

 

17. Botnets

 

Provider retains the right, at Provider’s sole discretion, to terminate any accounts involved

with botnets and related activities. If any hostnames are used as command and control

points for botnets, Provider reserves the right to direct the involved hostnames to a

honeypot, loop back address, logging facility, or any other destination at our discretion.

 

18. Other Terms

 

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for

any reason, the other provisions (and any partially-enforceable provision) shall not be

affected thereby and shall remain valid and enforceable to the maximum possible extent.

Member agrees that this Agreement and any other agreements referenced herein may be

assigned by Provider, in our sole discretion, to a third party in the event of a merger or

acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any

other written agreement between us in relation to Member participation as a Member.

Member agrees that by accepting this Agreement, Member is consenting to the use and

disclosure of their personally identifiable information and other practices described in

Providers Privacy Policy Statement below.

 

19. PRIVACY STATEMENT OF PROVIDER

 

A. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

Provider is committed to protecting Member privacy. This Privacy Statement sets forth

Provider’s current privacy practices with regard to the information Provider collects when

Member or Member’s computer interacts with our Provider Website and/or Provider Internet

Services. By accessing the Provider Website and/or Provider Internet Services Member

acknowledges and fully understands this Privacy Statement and freely consents to the

information collection and use practices described in this Privacy Statement.

 

B. PARTICIPATING MERCHANT POLICIES

 

Related services and offerings with links from the Provider Website and/or Provider Internet

Service, including vendor sites, may have their own privacy statements that can be viewed

by clicking on the corresponding links within each respective website. Online merchants and

others who participate in our Provider Website and/or Provider Internet Services are

encouraged to participate in industry privacy initiatives and to take a responsible attitude

towards consumer privacy. However, since Provider does not have direct control over the

policies or practices of participating merchants and other third parties, Provider is not

responsible for the privacy practices or contents of those sites. Provider recommends and

encourages that Member always review the privacy policies of merchants and other third

parties before Member provides any personal information or completes any transaction with

such parties.

 

C. INFORMATION PROVIDER COLLECTS AND HOW PROVIDER USES IT

 

Provider collects certain information from and about its Members three ways: directly from

Provider Web Server logs, the Member, and with Cookies.

 

a. Web Server Logs.

When Members visit the Provider Website and/or Provider Internet Service, Provider may

track information to administer the Provider Website and/or Provider Internet Services and

analyze the usage. Some examples of information that may be tracked include:

• Member Internet protocol address.

• The kind of browser or computer Member uses.

• Number of links Member click within the site.

• State or country from which Member accessed the site.

• Date and time of Member visit.

• Name of Member Internet service provider.

• Web page Member linked to our site from.

• Pages Member viewed on the site.

 

b. Use of Cookies

Provider may use cookies to personalize or enhance Member’s user experience. A cookie is a

small text file that is placed on Member’s hard disk by a Web page server. Cookies cannot be

used to run programs or deliver viruses to Member’s computer. Cookies are uniquely

assigned to Member, and can only be read by a Web Server in the domain that issued the

cookie to Member.

One of the primary purposes of cookies is to provide a convenience feature to save Member

time. For example, if Member personalizes a web page, or navigates within a site, a cookie

helps the site to recall Member specific information on subsequent visits. Hence, this

simplifies the process of delivering relevant content and eases site navigation by providing

and saving Member preferences and login information as well as providing personalized

functionality.

Provider reserves the right to share aggregated site statistics with partner companies, but

does not allow other companies to place cookies on our Provider Website unless there is a

temporary, overriding customer value (such as merging into Provider Website a site that

relies on third-party cookies).

Members have the ability to accept or decline cookies. Most Web browsers automatically

accept cookies, but Member can usually modify Member’s browser setting to decline cookies.

If Member rejects cookies by changing Member’s browser settings then be aware that this

may disable some of the functionality on our Provider Website.

 

c. Personal Information Users

Visitors to Provider’s Website and/or Provider Internet Service may have the ability to

register to purchase services. When Member registers, Provider will request some personal

information such as name, address, email, telephone number or facsimile number, account

number and other relevant information. If Member is purchasing a service, Provider will

request financial information. Any financial information collected is used only to bill Member

for the services Member purchased. If Member purchases by credit card, this information

may be forwarded to Member’s credit card provider. For other types of registrations, we will

ask for the relevant information. Member may also be asked to disclose personal information

to us so that Provider can provide assistance and information to Member. For example, such

data may be warranted in order to provide online technical support and troubleshooting.

Provider will not disclose personally identifiable information collected from Members to third

parties without Member permission except to the extent necessary including:

- To fulfill Member service requests for services.

- To protect Provider from liability,

- To respond to legal process or comply with law, or

- In connection with a merger, acquisition, or liquidation of Provider

 

D. USE OF WEB BEACONS OR GIF FILES

 

Provider’s Website and/or provider Internet Services may contain electronic images known

as web beacons – sometimes also called single-pixel gifs – that allow Provider to count

Members who have visited those pages and to deliver co-branded services. Provider may

include web beacons in promotional e-mail messages or newsletters in order to determine

whether messages have been opened and acted upon.

Some of these web beacons may be placed by third party service providers to help

determine the effectiveness of our advertising campaigns or email communications. These

web beacons may be used by these service providers to place a persistent cookie on

Member’s computer. This allows the service provider to recognize Member’s computer each

time Member visits certain pages or emails and compile anonymous information in relation to

those page views, which in turn enables Provider and our service providers to learn which

advertisements and emails bring Member to Provider’s Web Site and/or Provider’s Internet

Services and how Member uses the site. Provider prohibits web beacons from being used to

collect or access Member’s personal information.

 

E. CHANGES TO THIS STATEMENT

 

Provider has the discretion to occasionally update this Privacy Statement. When Provider

does, Provider will also revise the “updated” date at the top of Provider’s Terms and

Conditions, Copyright and Privacy Statement. Provider encourages Member to periodically

review this Privacy Statement to stay informed about how Provider is helping to protect the

personal information Provider collects. Member’s continued use of the service constitutes

Member’s agreement to this Privacy Statement and any updates.

 

END OF AGREEMENT