TERMS OF USE
Your use of The Promise FM Website is conditioned on your acceptance of all of these Terms of Use, including The Promise FM Privacy Policy incorporated herein by reference. Use of this Website constitutes your agreement to all these terms and conditions. If you do not agree to these Terms of Use, do not use this Website.
1. General. Northern Christian Radio (“The Promise FM”) operates the The Promise FM Website for the personal enjoyment of our users. Your use of The Promise FM website after any changes have been posted will constitute your agreement to the modified Terms of Use. You understand and agree that The Promise FM may discontinue or change The Promise FM Website at any time, without notice. It is your obligation to check these Terms of Use frequently to determine whether any changes have been made. You also understand and agree that The Promise FM may discontinue or restrict your use of the Website for any reason without notice and without any liability to you. In addition, when using The Promise FM Website, you shall be subject to any posted guidelines or rules, which may be posted from time to time and which are hereby incorporated by reference into these Terms of Use.
2. Copyright And Trademark Information. All materials on The Promise FM Website (“The Promise FM Materials”) are protected by copyright, trademark, and other intellectual property laws. These materials are owned by The Promise FM or its partners, or are used with permission of their owners or as otherwise authorized by law. The Promise FM Materials include, but are not limited to, the text, photographs, images, illustrations, music, audio clips, video clips, designs, logos, trademarks, and other materials contained in this Website and the selection and arrangement thereof. All rights are reserved.
The Promise FM and any other trademarks, service marks, logos and trade names used on The Promise FM Website are the trademarks of The Promise FM or of their respective owners. You agree not to display or use The Promise FM trademarks in any manner without The Promise FM’s prior written consent.
3. Usage Policy. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way use any The Promise FM Materials, except as follows: a) you may make one machine readable copy and one print copy of occasional items of personal interest, solely for personal, noncommercial use; b) you may post a text-only hyperlink to an article or other item on Website; however, The Promise FM reserves the right to revoke such permission for links at any time.
Any reproduction, printing, or other use of any The Promise FM Materials for any other purposes requires the prior written permission of The Promise FM. Please contact us at the address below to request permission.
You also agree to observe the privacy of all other users and not to use the personal information of any other user for any commercial, promotional or other purpose.
4. Links. The Promise FM Website contains links to other Internet sites. These links are not endorsements of those sites and/or any products or services in such sites, and no information in such sites has been endorsed or approved by The Promise FM.
5. Disclaimer of Warranties and Liability. The Promise FM publishes articles and other content (“Content”) solely for entertainment and informational purposes. Such Content may not be accurate, complete, or up to date. The Promise FM Website includes facts, views, opinions and recommendations of individuals and organizations deemed of interest, and The Promise FM does not endorse these views, opinions and recommendations.
THE PROMISE FM WEBSITE AND ALL CONTENT IS PROVIDED “AS IS.” THE PROMISE FM SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PROMISE FM WEBSITE AND ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH THE PROMISE FM ATTEMPTS TO ENSURE THE INTEGRITY AND ACCURATENESS OF THE PROMISE FM WEBSITE, IT MAKES NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS, ACCURACY, AND/OR RELIABILITY OF THE SITE, NOR OF ANY REVIEW, ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR PROVIDED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH REVIEW, OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE PROMISE FM DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, BUGS, VIRUSES, OR OTHER PROBLEMS IN THIS SITE AND FOR ANY DAMAGES CAUSED THEREBY.
THE PROMISE FM HAS NO OBLIGATION TO YOU TO TAKE ANY ACTION BASED ON ANY INFORMATION YOU POST ON THE PROMISE FM WEBSITE. THE PROMISE FM WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE WITH REGARD TO THE PROMISE FM WEBSITE, INCLUDING ANY ACTION OR INACTION BASED ON MATERIALS YOU POST ON THE PROMISE FM WEBSITE, OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE PROMISE FM AND ITS CONTENT. IN NO EVENT WILL THE PROMISE FM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE PROMISE FM CONTENT. THE PROMISE FM SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Your use of The Promise FM Website, and any reliance on any material published or transmitted by The Promise FM Website, is at your own risk. You agree that you hereby release The Promise FM and its affiliates, advertisers, supporters, and authors from any and all liability or obligations arising from your access or use of The Promise FM Website, or any public forum or other area of The Promise FM Website. Your sole remedy for any problem or concern is to leave The Promise FM Website. You agree that you will indemnify and hold The Promise FM harmless for any loss, damages or liability suffered by The Promise FM as a result of your use of The Promise FM Website, or your submission of any material to The Promise FM or The Promise FM Website. The Promise FM reserves the right to restrict or limit access to The Promise FM Website.
6. Posting And Comments. User or third party submissions or postings are the views of the author or poster. They do not necessarily reflect the views of The Promise FM. The Promise FM reserves the right to edit any postings or material submitted to it, for any reason. The Promise FM has the sole discretion over whether to publish, edit or delete any material submitted to The Promise FM Website, including in “Share Your Story,” “Prayer Wall”, forums, calendars, blogs, or other sections of The Promise FM Website. By submitting any postings, comments or other messages to The Promise FM, you grant The Promise FM all copyright ownership rights to all material submitted by you, and The Promise FM has the right to publish the material in any media now known or hereafter developed, and to use, adapt, recast, distribute, display, perform, or transmit all such submitted materials in any way, as The Promise FM may determine in its sole discretion. By submitting your name or other identifying data with a posting or other submission, you give The Promise FM the right to publish that data, and to use that data for promotional or any other purpose.
You may not submit any confidential, proprietary, or copyrighted material without authorization of the owner. By submitting any material to the The Promise FM website, you represent and warrant that you are the original author of such material or have the necessary permission to submit such material. The posting of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation is prohibited. Submission of any material that is obscene, defamatory, or that infringes any trademark, copyright, privacy right, or other legal right is prohibited.
Th e Promise FM disclaims any responsibility for any messages or postings submitted to the “Share Your Story” and “Prayer Wall” webpages, discussion forum, or anywhere on The Promise FM Website. The Promise FM reserves the right to review or edit such messages, and to restrict or deny access to the “Share Your Story,” “Prayer Wall,” public discussion sections, or other part of The Promise FM Website. The Promise FM does not knowingly collect or seek any data or submissions from people under the age of 13. The Promise FM provides the “Prayer Wall” webpage solely as a public service and disclaims all liability for information posted to such webpage. If you have needs requiring a counselor, doctor, or other professional, please seek such professional assistance.
If you believe in good faith that any content on The Promise FM Website infringes your copyright, you may send us a notice requesting that the material be removed, though we cannot guarantee that any action will be taken as a result of your correspondence. Notices should be sent to The Promise FM through the “Contact Us” webpage or to the address below.
7. Governing Law And Forum. The Promise FM Website (excluding linked sites) is controlled by The Promise FM from its offices within the United States of America. By accessing The Promise FM Website you agree that the laws of the State of Michigan, without regard to conflicts of laws principles thereof, will apply to all matters relating to the use of this site. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the State of Michigan with respect to such matters, and you hereby consent to extra-territorial service of process, provided, however, that at the election of The Promise FM any disputes arising out of or in connection with this Agreement or your use of this Website shall be resolved solely by arbitration as set forth in Paragraph 8 below. The Promise FM makes no representation that materials on The Promise FM Website are appropriate or available for use in locations outside of the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
8. Dispute Resolution. Any dispute which the parties cannot resolve by negotiation shall, at the exclusive option of The Promise FM, be submitted to arbitration under the rules of the Institute for Christian Conciliation (www.peacemaker.net), or any comparable entity agreed upon in writing by the parties. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Any cause of action you may have with respect to your use of The Promise FM Website must be commenced within one (1) year after the claim or cause of action arises or be forever waived and barred. The Promise FM reserves the right to seek an injunction against any user for infringement of The Promise FM copyrighted materials and other violations of these Terms of Use.
9. Entire Agreement. This Agreement constitutes the entire agreement between The Promise FM and you with respect to your use of The Promise FM Website, and supersedes and extinguishes any and all prior written or oral agreements between The Promise FM and you with respect to this subject matter.
10. Severability. If for any reason a court or other tribunal of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
11. Contact. Please send any notices, comments, or questions to:
The Promise FM
PO Box 695
Gaylord, MI 49734