Certain products or services offered by this and/or other Galaxy Communications Websites (each a “Galaxy Communications Internet Service” and collectively “Galaxy Communications Internet Services”), and certain areas within this and/or other Galaxy Communications websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Galaxy 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.
You may not use any Galaxy Communications website for any purpose that is unlawful or prohibited by this agreement and/or any applicaple additional terms. Your Access to any Galaxy Communications website may be terminated immediately at Galaxy Communications’ sole discretion, with or without notice, if you fail to comply with any provisions of this agreement and/or additional terms, or for any other reason, or no reason.
Some parts of this website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the 102.1 Sunny 102 website content.
Changes to this Agreement
This Agreement is effective as of March, 2011. Galaxy Communications reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the 102.1 Sunny 102 website and/or Galaxy Communications Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this website and/or the Galaxy Communications Internet Service to which the changes may apply.
Privacy and Protection of Personal Information. Our Privacy Statement set forth below describes our practices concerning data that you provide or that we may collect about you through the Services, and you consent to our use of data in compliance with the Privacy Statement.
Accounts, Security, Passwords. If a particular Galaxy Communications Website or Galaxy Communications Internet Service requires you to open an account, you 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 your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Galaxy Communications immediately of any unauthorized use of your account. Galaxy Communications is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Galaxy Communications Internet Service.
Fees. Except where otherwise provided, access to and use of this 102.1 Sunny 102 website and the Galaxy Communications Internet Services offered through this site are currently available without charge. Galaxy Communications reserves the right to charge a fee for access to or use of this website, or any Galaxy Communications Internet Service available on this website at any time in the future. Your access to or use of this website before such time does not entitle you to use of this 102.1 Sunny 102 website without charge in the future.
Disclaimer of Warranties. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS GALAXY COMMUNICATIONS WEBSITE AND/OR GALAXY COMMUNICATIONS INTERNET SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS GALAXY COMMUNICATIONS WEBSITE OR GALAXY COMMUNICATIONS INTERNET SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. GALAXY COMMUNICATIONS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GALAXY COMMUNICATIONS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. GALAXY COMMUNICATIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS GALAXY COMMUNICATIONS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. GALAXY COMMUNICATIONS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS GALAXY COMMUNICATIONS WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
GALAXY COMMUNICATIONS IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR GALAXY COMMUNICATIONS INTERNET SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links. This Galaxy Communications website may contain links to websites operated by third parties. Galaxy Communications does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply 102.1 Sunny 102’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
Software and Downloads Available Through this Galaxy Communications Website. Any software that is made available to view and/ or download in connection with a Galaxy Communications Internet Service (“Software“), including podcasts, audio streaming, or video streaming, is owned or controlled by Galaxy Communications and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Galaxy Communications accepts no responsibility or liability in connection with any Software owned, licensed or controlled by third parties.
Third Party Merchants. This Galaxy Communications Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Galaxy Communications. 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 you and such businesses. 102.1 Sunny 102 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. 102.1 Sunny 102 will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Galaxy Communications Internet Service.
Modification/Termination by Galaxy Communications. Galaxy Communications reserves the right, in its sole discretion, to modify, suspend, or terminate this website and/or any portion thereof, including any Galaxy Communications Internet Service, and/or your account, password, or use of any Galaxy Communications Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a Galaxy Communications Internet Service removes your authorization to use the Galaxy Communications Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Galaxy Communications shall not be liable to you or any third-party for any termination of your access to a Galaxy Communications Internet Service.
Interactive Services. This Galaxy Communications Website may offer certain Galaxy Communications Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively “Galaxy Communications Interactive Services“). Additional Terms may cover these services, which appear on the pages where these services are available. Unless we give you permission, you agree not to access the Galaxy Communications Interactive Services using any interface other than ours. We may deny permission to link to the Galaxy Communications Interactive Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request. Without limiting any other provision in this Agreement or any Additional Terms, you may not use the Galaxy Communications Interactive Services to do the following or assist others to do the following:
- Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
- Link to the Galaxy Communications Interactive Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
- Frame the Galaxy Communications Interactive Services, display the Galaxy Communications Interactive Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between 102.1 Sunny 102 and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
- Transmit files that contain viruses, spyware, adware, or other harmful code;
- Advertise or promote goods or services without our permission (including, without limitation, by sending spam);
- Interfere with others using the Galaxy Communications Interactive Services or otherwise disrupt the Galaxy Interactive Services;
- Transmit, collect, or access personally identifiable information about other users without the consent of those users and Galaxy Communications;
- Engage in unauthorized spidering, “scraping,” or harvesting website content, contact or other personal information, or use any other unauthorized automated means to compile information;
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or
- Defeat any access controls, access any portion of the Galaxy Communications Interactive Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
Subscription Services. This Galaxy Communications Website may offer certain Galaxy Communications Subscription Services such as newsletters (collectively “Galaxy Communications Subscription Services“). By registering for a Galaxy Communications Subscription Service, you will be subject to any charges and rules set forth in the description of that service.
Premium Services. If you accept fee-based products or features, you agree to the Additional Terms governing all such purchases, including all requirements to pay applicable fees and charges. We will notify you of any changes to fees and charges. We may offer trial subscriptions to paid services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions and any other subscription services we provide will be automatically renewed at the current subscription rate if you do not cancel before the end of the trial or subscription period. You may need to cancel your subscription at least 10 days prior to its renewal date in order to avoid further charges. Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.
Contests/Sweepstakes. For Additional Terms applying to all contests or sweepstakes conducted by this 102.1 Sunny 102 website, refer to the Additional Terms governing the specific contest or sweepstakes on this website.
User Submissions. Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to Galaxy Communications, its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those User Submissions, and your name, voice, likeness and other identifying information where part of a User Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in this Agreement or any Additional Terms and any access granted to others. If you delete a User Submission from the Services, our general license to that User Submission will end after a reasonable period of time required for the deletion to take full effect. However, the User Submission may still exist in our backup copies, which are not publicly available. If your User Submission is shared with third parties, those third parties may have retained copies of your User Submissions. In addition, if we made use of your User Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Submission. Terminating your account on a Service will not automatically delete your User Submissions. We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our subsidiaries, affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. Except as provided in the Privacy Statement below, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others. You represent and warrant that you have all rights necessary to grant to Galaxy Communications by the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
Limitations on Liability. In no event shall Galaxy Communications, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the 102.1 Sunny 102 website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the 102.1 Sunny 102 website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the 102.1 Sunny 102 website or any information, software, products, services, and related graphics obtained through the 102.1 Sunny 102 website; (vi) any transactions entered into through this Galaxy Communications website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Galaxy Communications website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the 102.1 Sunny 102 Website and Galaxy Communications Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Galaxy Communications has been advised of the possibility of damages.
Indemnification. You agree to indemnify, defend, and hold harmless Galaxy Communications, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Galaxy Communications Website and any related Galaxy Communications Internet Service and/or software. Galaxy reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Galaxy Communications in asserting any available defenses.
International Use/U.S. Export Controls. Accessing materials on this Galaxy Communications Website by certain persons in certain countries may not be lawful, and Galaxy Communications makes no representation that materials on this Galaxy Communications Website are appropriate or available for use in locations outside the United States. If you choose to access this Galaxy Communications Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. The United States controls the export of any software downloadable from this Galaxy Communications Website. No software or any other materials associated with this Galaxy Communications Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Galaxy Communications Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
Site Access; Account Deletion. We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:
- Restrict or terminate your access to this Galaxy Communications Website or the Services;
- Change or discontinue this Galaxy Communications Website or the Services;
- Deactivate your accounts and delete all related information and files in your accounts;
- Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Statement.
Galaxy Communications will not be liable to you or any third party for taking any of these actions and will not be limited to the remedies above if you violate this Agreement. If you do not agree to the terms of this Agreement, you must immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. Any User Submissions you made while using the Services will continue to be governed by these Terms. This Agreement and any Additional Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.
Use of Intellectual Property.This Galaxy Communications Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Galaxy Communications logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Galaxy or by other parties that have provided rights thereto to Galaxy Communications.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Galaxy Communications Website, in whole or in part, without the express written permission of Galaxy Communications.
Other trademarks, service marks, product names and company names or logos appearing on this Galaxy Communications Website that are not owned by Galaxy Communications may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Galaxy Communications Website, or frame this Galaxy Communications Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Galaxy Communications Website in an email for commercial purposes, without the express written permission of Galaxy Communications.
You may inquire about obtaining permission by emailing firstname.lastname@example.org.
Copyright Infringement. Galaxy Communications respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Galaxy Communications Website, you are granting permission to have this material posted on this Galaxy Communications Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Galaxy Communications reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Galaxy Communications may have under law or contract.
Procedure for Making Claim of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
Attn: Mike Lucarelli
235 Walton Street
Syracuse, NY 13202
By email: email@example.com
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Galaxy Communications to locate the material.
- (iv) Information reasonably sufficient to permit Galaxy Communications to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
- (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Other Legal Complaints. If you have a legal complaint regarding the Services other than copyright matters, or wish to receive further information regarding use of the Services, please contact us. You may also submit comments using the postal address below:
Galaxy Communications, 235 Walton Street
Syracuse, NY 13202 ATTN: Mike Lucarelli
Your complaint must:
- identify the material that is claimed to violate your rights or to be the subject of activity that violates your rights and information reasonably sufficient to permit us to locate the material;
- explain what rights you have and why you believe the material violates your rights; and
- provide accurate information that we can use to contact you.
Governing Law, Venue, and Jurisdiction. This Agreement and all Additional Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of New York, except New York’s conflict of law rules. This Agreement and all Additional Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Syracuse, New York. Notwithstanding any other provision of this Agreement or any Additional Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services, this Agreement or any Additional Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
Arbitration. We may elect to resolve any controversy or claim arising out of or relating to this Agreement or any Additional Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Syracuse, New York. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
Miscellaneous. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on this Galaxy Communications Website or delivering them to you via email. You may update your email address by visiting the Galaxy Communications Website where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in this Agreement or any Additional Terms will not constitute a waiver of such right or provision. This Agreement or any Additional Terms constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of this Agreement or any Additional Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of this Agreement or any Additional Terms will continue to be valid and enforceable.