Welcome to WURD RADIO, LLC (“WURD”), a limited liability company doing business in the Commonwealth of Pennsylvania. This document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “WURD,” “WURD.com,” “900 AM WURD,” “us,” “we,” and “our,” refer to us, WURD Radio, LLC, our website, WURD.com, or our service, WURD, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
2. Description of Service
900amwurd.com is a website that serves as the heartbeat and pulse of Philadelphia’s African-American community by providing information and solutions that educate, uplift and inspire.
3. Information Supplied
When using our website, you may be required to give us your name, e-mail address, and a password to log in with. We may permit you to use a third party website’s login credentials, such as those of Facebook or Twitter, as your login credentials for our site.
In addition to providing us with the above information about yourself, you must be thirteen years of age or older to use our service.
You may be required to provide payment in order to avail yourself of some or all of our services. In such cases, payment will be made by means of PayPal, and we will not receive any of your financial information. Any security issues with your payment are the responsibility of PayPal, your bank, credit card company, or other organization who fails to properly secure your information.
If you conduct a fraudulent chargeback, PayPal dispute, or other attempt to receive your money back in order to obtain free services from us, the matter will be referred to your local police department, the IC3 Internet crime reporting center, PayPal, your credit card company, one or more credit bureaus, and referred to a collections agency and/or attorney in your area for further enforcement.
Our services are intangible. Therefore, we cannot provide any refunds except where we fail to provide you with the services we offered. Any failure on your part to have proper hardware, software, or network connections capable of accessing our service will not be deemed a failure of us to provide you with services, notwithstanding your inability to access our service. In such cases, we recommend
seeking a technical support assistant to upgrade, repair, or otherwise improve your systems so that you can access our service.
6. Rules of Conduct
We may permit you to post reviews on our website, or link to reviews on third party websites such as Facebook using APIs. As a part of using our website, you must not:
- Post anything that violates any applicable law, foreign or domestic.
- Post anything defamatory, violent, threatening, pornographic, hateful, racist, or otherwiseobjectionable. We have the sole right to determine what is objectionable. Please note that our website is private property and these prohibitions apply regardless of whether your words are otherwise lawful.
- Hack, crack, phish, SQL inject, or otherwise threaten or actually harm the security of our systems or those of our users.
- Infringe on the intellectual property rights of anyone, whether it be by copying text, uploading audio or video files that are not yours, or otherwise.
- Do anything that infringes on the rights of us or a third party.
- Create more than one account, use another person’s account, or allow another person to useyour account.
- Spam or otherwise send unsolicited commercial or non-commercial messages to our users forthe purpose of obtaining a financial benefit.
- Advertise on our website without our permission.
- Impersonate another person or organization.We reserve the right to terminate our service to you for reasons other than those listed here. We may terminate your account without explanation.
7. Communications Decency Act
Our service is media-intensive, and permits users to upload their own comments, reviews, audio, videos, and other media. As such, it is possible that words which are defamatory or otherwise infringe on your rights may be uploaded. In the case of defamatory speech, it is important to remember that our website is located in the United States and subject to American law. As such, Section 230 of the Communications Decency Act prevents us from being held liable for any defamatory speech published on our website, no matter how defamatory, even if you notify us.Although we prohibit defamatory speech in our “Rules of Conduct,” we do not, as a rule, police speech for defamation or adjudicate claims that speech on our website is defamatory. If you report such speech to us, we may investigate it, but are under no obligation to do so, and we reserve all statutory and common law defenses, excuses, and safe harbors made available to us for such speech.
Additionally, the SPEECH Act as well as common law rules related to protecting public policy prevents anybody from circumventing this law by suing us in a foreign country for defamation, as no court in the
United States may enforce such a judgment. Please be advised that if you attempt to sue us in a foreign country and domesticate the judgment in the United States, our lawyers will be able to easily dismiss your lawsuit and most likely recover our attorneys’ fees and court costs from you in doing so.
We reiterate that most of the content on our website is supplied by third parties. We disclaim, and you release us from all liability for, any damages caused by a third party who uses our website in any manner that infringes on your rights or otherwise creates a cause of action, even if we would otherwise be held liable for such damages.
9. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website, or our website itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating user details compiled on our website. This clause is not limited to our copyrighted materials, and you agree that the restrictions in this clause apply to copying the third party uploads of our users to the same extent as they apply to our own copyrighted content.
10. Your Copyright
Our website model is based on your uploading of content. We may permit it to be embedded, shared, or distributed elsewhere, or we may even be able to sell it through a third party. We cannot permit material to be uploaded to our website without being certain to our right to use it, or it could create an impossible burden for us if you revoked your consent to use it and we had to attempt to remove it from all of the places that it was posted online.
Therefore, as a part of this Agreement, you hereby agree that whenever you upload something to our website, you are granting us a universal, irrevocable, perpetual, commercial, non-commercial, and infinitely sublicensable license to reproduce, distribute, use, sell, display, broadcast, and otherwise use the content that you upload to our website.
Furthermore, you warrant that you hold the power to grant us the above license for any material that you upload, and that you will indemnify us for any liability incurred as a result of your uploading of material that you are not authorized to upload, including, but not limited to, liability for copyright infringement, trademark infringement, breach of confidence, invasion of privacy, and any other actionable conduct.
WURD is a trademark used by us to uniquely identify our website, business, and service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
12. Revocation of Consent
Where WURD Radio, LLC has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, or sublicensed a copyrighted work to you that we hold the license to from a third party, we may revoke that consent at any time. If we so request, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
13. DMCA Notices
We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- Your name
- The name of the party whose copyright has been infringed, if different from your name
- The name and description of the work that is being infringed
- The location on our website of the infringing copy
- A statement that you have a good faith belief that use of the copyrighted work described aboveis not authorised by the copyright owner (or by a third party who is legally entitled to do so onbehalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in thisnotification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.You must sign this notification and send it to our Copyright Agent at: M. Claire Lomax, Esq.200 Highpoint Drive Suite 215
Chalfont, PA 18914 United StatesIf sending the notification by e-mail, an electronic signature is acceptable.
14. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS
AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. THIS INCLUDES ANY FAILURE OF ANY GOODS OR SERVICES TO MEET YOUR EXPECTATIONS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including but not limited to any damages caused by your use of our website or acceptance of the offers contained on it, and any infringement of intellectual property rights of third parties. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such
cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
16. Choice of Law
This Agreement shall be governed by the laws in force in the Commonwealth of Pennsylvania. The offer and acceptance of this contract, as well as any breach of this contract and damages arising therefrom, are deemed to have occurred in the State of Pennsylvania.
17. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the Commonwealth of Pennsylvania.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that if you bring a dispute against us and the court finds in our favor, you will be responsible for our reasonable attorneys’ fees, costs, and disbursements in relation to the dispute.
The prevailing party in any dispute will be entitled to their reasonable attorneys’ fees and costs.
18. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, LEVAS Entertainment, LLC shall have the sole right to elect which provision remains in force.
20. Termination & Cancellation
We may terminate your account or our provision of services to you, or cancel your paid services at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you will be limited to the amount you paid, except in cases where the termination
or cancellation was due to your breach of this Agreement, including, but not limited to our Rules of Conduct, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.