Legal

1. Introduction Welcome to the AHP web site. Following are the terms and conditions for using the AHP web site (the "Site"), which is being offered to you by AHP, Please read these terms and conditions carefully before using this Site. By using this Site, you agree to these terms and conditions just as if you had signed an agreement of your acceptance. If you do not accept the terms and conditions of this Site, please do not use this Site. 2. Requirements to Use Site If you desire to use this Site, you must comply with the following requirements: (a) you cannot prevent any other user from using the Site; (b) you cannot paste or transfer any unlawful information or material of any kind whatsoever, including, but not limited to, any information which may be construed as being abusive, obscene, vulgar, pornographic, profane, indecent, libelous, defamatory, or of a sexual, offensive or racial nature; (c) you cannot paste or transfer any information which would constitute a crime, lead to civil liability, or otherwise violate any local, state, federal or international law; (d) you cannot paste or transfer any information or software which is protected by copyright, trademark or other proprietary right, or derivative works thereto, without obtaining permission from the owner; (e) you cannot paste or transfer any information which violates the rights of others in any way whatsoever; (f) you cannot use the Site to collect information about others; (g) you cannot use the Site for commercial purposes; and (h) you cannot use the Site for any illegal purpose. Failure to comply with any one of these requirements may result in AHP terminating your use of the Site. 3. Restrictions of Use By using this Site, you will be provided with music, news, weather, sports, entertainment, health, money, chat rooms, links to other web sites and other services, which may be offered. This Site is owned and operated by AHP, and its affiliated companies, and contains material owned by AHP, or obtained from other sources with their permission. This information, including the codes and software, is protected by copyright, trademark and other applicable laws and may not be reproduced, republished, copied, uploaded, posted or transmitted in any way. You may download information from this Site for your personal, non-commercial use only, provided you comply with all copyright laws and other proprietary notices. If you download software from this Site, use of the software is subject to the license terms in the Java License Agreement that accompanies or is provided with the software. You may not download or install software until you have read and agreed to the terms of the Java License Agreement. AHP may modify or terminate any part of the Site at any time. You are obligated for all charges to access and use the Site. 4. Monitoring AHP reserves the right to monitor any and all information passing through the Site. We may use this information in accordance with our Privacy Policy. This information may also be disclosed pursuant to any legal, regulatory or governmental requirement. Your use of this Site indicates your consent to monitoring. 5. User Submissions Any material, information or other communication you paste or transfer to this Site will be considered non-confidential and non-proprietary ("Submissions"). AHP will have no obligation with respect to your Submissions. AHP and its designees will be free to copy, disclose, distribute, incorporate and otherwise use your Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. 6. Links To Other Web Sites Links to third party web sites are provided solely as a convenience to you. If you use these links, you will leave this Site. AHP has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Accordingly, AHP does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. AHP does not control any information, services or products on these third party sites. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own discretion and risk. 7. Disclaimer of Warranties The materials on this Site and the third party sites are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, AHP disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. AHP does not warrant that its Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site is free of viruses. AHP does not warrant or make any representations regarding performance or reliability of this Site or third party sites. You assume all risk of errors and/or omissions on this Site and third party sites. 8. Limitation of Liability In no event shall AHP, its parent or subsidiary companies, or affiliated or related companies, or their directors, officers, employees, servants, stockholders, agents, vendors, attorneys, successors or assigns be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way related to the use of this Site, or with the delay or inability to use this Site, or for any information, software, products and services obtained through this Site, or otherwise arising out of the use of this Site, whether based on contract, tort, strict liability or otherwise. You specifically acknowledge and agree that AHP, its parent and subsidiary companies, and affiliated and related companies, and their directors, officers, employees, servants, stockholders, agents, vendors, attorneys, successors and assigns shall not be liable for any offensive, defamatory or unlawful conduct of any user of this Site. Applicable law may not allow the exclusion or limitation of implied warranties, or of incidental or consequential damages, so the above exclusions or limitations may not apply to you. 9. Indemnification You agree to defend, indemnify and hold harmless AHP, its parent and subsidiary companies, and affiliated and related companies, and their directors, officers, employees, servants, stockholders, agents, vendors, attorneys, successors and assigns from and against any and all claims, demands, actions, suits, causes of action, complaints, charges, proceedings, losses, liability, obligations, damages, injuries, costs and/or expenses (including reasonable attorneys' fees) arising out of, resulting from, or in any way related to your access and use of the Site. 10. Infringement Policy Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act, AHP reserves the right to terminate your use of the Site if it determines in its sole discretion that you are involved in infringing activity, regardless of whether the material or activity is ultimately determined to be infringing. Be advised, however, AHP does not have any obligation to terminate your use of the Site. Written notification of infringement claims may be forwarded to copyright@AHPusa.com 11. Minors If you have agreed to allow your minor child to use the Site, you agree that you shall be solely responsible for such childÕs access and use of the Site. Pursuant to 47 U.S.C. Section 230(d), as amended, be advised that parental control protections are available which may assist you in limiting access to material that is harmful to minor children. Information identifying current providers of such protections is available at the Electronic Frontier Foundation web site, http://www.eff.org/pub/Censorship/Ratings filters labelling/, and at the America Links Up web site, http://www.netparents.org/parentstips/browsers/html. 12. Amendments to the Terms and Conditions AHP may at any time amend the terms and conditions of the Site, and modify, add or delete any content or feature of the Site. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by any reasonable means. Your use of the Site after any such amendment, modification, addition or deletion will indicate your acceptance thereof. 13. Termination Your use of the Site may be terminated: (a) upon five (5) days written notice provided by AHP to you; (b) upon thirty (30) days written notice provided by you to AHP that you wish to terminate your use of the Site (contact unsubscribe@AHP); (c) immediately by AHP without notice for any access or use by you which is not authorized or which violates any of the aforementioned requirements for using this Site. Termination of your use of this Site or your access rights shall not affect any right or remedy to which AHP may be entitled, at law, in equity or otherwise howsoever. Upon termination, all rights granted to you will terminate and revert to AHP and its licensors. 14. Assignment/Delegation You may not assign any of your rights or obligations or delegate any of your duties hereunder without the prior written consent of AHP. Any assignment other than as provided herein shall be null and void. 15. Force Majeure AHP shall not be liable for any errors or delays on the Site or failure of the site to perform when such errors, delays or failures are due to any cause beyond the control of AHP, including, but not limited to, fire, flood, lightning, power failure, acts of God, war, explosion or other casualty; any law, order, regulation, ordinance or requirement of any governmental or legal body; or any labor unrest, strike, slowdown, picketing or boycott. In the event of any such error, delay or failure, AHP shall be excused, to the extent necessary, from performance hereunder. 16. Applicable Law These terms and conditions herein and any dispute arising therefrom or breach thereof shall be governed by and construed in accordance with the laws of the State of New Jersey. Your use of this Site will constitute your consent to personal jurisdiction and venue in the State of New Jersey. 17. Severability If any term or condition herein is illegal, void or unenforceable, then that term or condition shall be severed and will not affect the other terms and conditions, which shall remain valid and enforceable. 18. Waiver No waiver by AHP of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. 19. Headings The headings and titles used herein are for reference only and are not for interpreting the terms and conditions herein. 20. Entire Agreement The terms and conditions herein and any subsequent postings by AHP constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior and contemporaneous understandings and agreements, whether oral or written, between AHP and you. 21. Privacy Policy Welcome to the AHP web site (the "Site"). As a user of our Site, we will make every effort to protect your on-line privacy. It is our goal to provide enjoyment and entertainment to you when using our Site while, at the same time, alleviating any concerns you may have with respect to your privacy. This Privacy Policy has been adopted to protect the privacy of your personal information and to ensure its confidentiality. In the ordinary course of conducting our business, we collect and use personal information about our listeners. Personal information may include, among other things, your name, address, telephone number, facsimile number, zip code, and Email address. Personal information is collected when you voluntarily register for contests, answer surveys or use our software. Your information will not be provided to third parties, unless you specifically give us permission, or if such information is required by law or other regulatory or governmental body or proceeding. The personal information you provide to us will be used to improve the content of our Site and permit us to customize your listening experience. In turn, we can facilitate and coordinate the music and information you receive in order to meet your individual preferences. Your personal information will be kept strictly confidential. Only designated employees and authorized agents of AHP will have access to your personal information. Any violations of this Privacy Policy by our employees or agents will not be tolerated. Links to third party web sites on this Site are provided solely as a convenience to you. AHP is not responsible for the content on these third party web sites or the privacy practices of the organizations sponsoring these other web sites. AHP assures you that it will use all reasonable means to implement this Privacy Policy; however, it cannot guarantee that all information sought to be protected under this Privacy Policy will always be protected. There may be circumstances beyond our control where information may become unprotected despite our efforts. This Site uses cookies. A cookie is a string of information that is sent by a web site and stored on your hard drive. These cookies are used solely to assist the web server in collecting information that you voluntarily provide to us. There is no risk of your personal information being disclosed to third parties since a web site only reads cookies it creates. 22. Music AHP is dedicated to the broadcast and promotion of music and the prevention of illegal distribution of copyrighted materials. By using the services contained on this web site, you agree to abide by all copyright laws and protections of the materials contained therein. AHP and the web site administrators thereof disclaim any responsibility for the improper use of the web site. AHP broadcasts digital music for one-time listening as a web based radio only; you may not otherwise copy or transmit the contents of this web site either electronically or in hard copies. Special Note: All selections of music contained within AHP have been distributed by the recording industry as promotional singles for Radio Broadcast. 23. AHP Members A person who sets up a AHP account is called a ÒmemberÓ. You may subscribe to any interests, which you desire to receive information about, from AHP in the Member Sign-in section of your account. You agree and acknowledge that AHPÕs services allow Network Affiliates to determine membership rules and guidelines, to designate lists as ÒprivateÓ or ÒpublicÓ, to refuse to accept new members, to remove members from their lists, and to prohibit or remove any content, all in their complete discretion. You agree that AHP is not responsible or liable for the content, guidelines, requirements, or conduct relating to any list and is not responsible for resolving any disputes that might arise between or among members, Network Affiliates, or third parties from activities on any list or use of AHPÕs service. As a AHP member, you agree to receive messages pertaining to the interests you have selected in your AHP account. 24. Java License Agreement Java(tm) Runtime Environment Version 1.1.6 Binary Code License. This binary code license ("License") contains rights and restrictions associated with use of the accompanying Java Runtime Environment software and documentation ("Software"). Read the License carefully before using the Software. By using the Software you agree to the terms and conditions of this License. 1. License to Distribute. Licensee is granted a royalty-free right to reproduce and distribute the Software provided that Licensee: (i) distributes the Software complete and unmodified (except for the specific files identified as optional in the Software README file), only as part of, and for the sole purpose of running, Licensee's Java compatible applet or application ("Program") into which the Software is incorporated; (ii) does not distribute additional software intended to replace any component(s) of the Software; (iii) agrees to incorporate the most current version of the Software that was available 180 days prior to each production release of the Program; (iv) does not remove or alter any proprietary legends or notices contained in the Software; (v) includes the provisions of Sections 2, 3, 5, 6, 8 and 9 in Licensee's license agreement for the Program; and (vi) agrees to indemnify, hold harmless, and defend Sun and its licensors from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of the Program. 2. Java Platform Interface. Licensee may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that Licensee creates any Java-related API and distributes such API to others for applet or application development, Licensee must promptly publish broadly, an accurate specification for such API for free use by all developers of Java-based software. 3. Restrictions. Software is confidential copyrighted information of Sun and title to all copies is retained by Sun and/or its licensors. Licensee shall not decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software may not be leased, assigned, or sublicensed, in whole or in part, except as specifically authorized in Section 1. Software is not designed or intended for use in online control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Licensee warrants that it will not use or redistribute the Software for such purposes. 4. Trademarks and Logos. This License does not authorize Licensee to use any Sun name, trademark or logo. Licensee acknowledges that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks") and agrees to: (i) comply with the Java Trademark Guidelines at http://java.sun.com/trademarks.html; (ii) not do anything harmful to or inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun in protecting those rights, including assigning to Sun any rights acquired by Licensee in any Java Mark. 5. Disclaimer of Warranty. Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. 6. Limitation of Liability. SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. Termination. This license shall automatically terminate 180 days after production release of the next version of the Software by Sun. Licensee may terminate this License at any time by destroying all copies of Software. This License will terminate immediately without notice from Sun if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of Software. 8. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. 9. Restricted Rights. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable. 10. Governing Law. Any action related to this License will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 11. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived or amended to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in Sun's opinion deletion or amendment of any provisions of the License by operation of this paragraph unreasonably compromises the rights or increase the liabilities of Sun or its licensors, Sun reserves the right to terminate the License.