Terms and conditions The The VI-PST Club Service (the "Service"), operated by Frankly Media, Inc., and WPST-FM-ol (together, Frankly Media, Inc. and WPST-FM-ol are referred to as "we", "us" or "our") is provided to you ("you," "your" or "User") under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules or policies that may be applicable to particular offerings made in connection with the Service (collectively, the "Terms and Conditions"). We reserve the right to update or change these Terms and Conditions from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this site. By continuing to use the Service following the posting of any such change, you will be deemed to have agreed to the amended version of the Terms and Conditions. Any failure to comply with these Terms and Conditions by you may result in the termination of your account, and the forfeiture and relinquishment of all [pointstitle] you have accrued in the Service. BY REGISTERING TO USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, SO PLEASE READ THEM CAREFULLY. Description of the Service The Service is a program where registered users can accrue [pointstitle] by engaging in certain activities and can redeem [pointstitle] for certain offers ("Rewards"). [pointstitle] accrued in the Service are non-transferable to other users or accounts and have no cash or monetary value. Some Rewards provided through the Service by way of auctions, sweepstakes, or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type 'L' on the page displaying the material terms for that sweepstake, auction or trade-in. Rewards promoted and accessible in multiple markets to users of this Service and other rewards services are noted as such by display of the reward type 'MM' on the page displaying the material terms for that sweepstake, auction or trade-in. Eligibility Unless otherwise specified in connection with particular offerings, participation in the Service is open only to natural persons who are residents of the Princeton, NJ metropolitan area and who are 13 years of age or older. Employees or agents of WPST-FM-ol, Frankly Media, Inc., and each of their respective affiliates, and immediate family members of or persons domiciled with any such persons are not eligible to participate. Reservation of Rights The Service and its benefits are offered at our discretion, and we have the right to modify or discontinue, temporarily or permanently, the Service, including the [pointstitle] levels, in whole or in part for any reason, at our sole discretion. We may, among other things, withdraw, limit, modify or cancel any Reward; increase the [pointstitle] required for any Reward; or modify or condition the transferability of Rewards or benefits. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service, in whole or in part. Membership registration In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to maintain and promptly update your personal data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our service providers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion thereof) by you. You may not register with a disposable email address. Only one member account per person and two member accounts per household. If you are 13 years of age or under you can not post information about yourself on the website or complete the registration process. You can, among other things, review your accumulated [pointstitle], review the Terms and Conditions as amended from time to time, and review redemption options at http://wpst.listenernetwork.com. Account security You will receive a password and account designation upon completing the registration process. You agree to maintain the confidentiality of your password and account, and that you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and to exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these conditions. If for any reason your account is terminated by either you or us, all of your [pointstitle] accrued will be forfeited. [pointstitle] To earn [pointstitle], you must undertake an activity described in a Service-authorized promotion for earning [pointstitle], which may include, but is not limited to: streaming media on a designated media player, completing certain surveys, visiting certain retail locations or Internet Web sites, registering for a designated product or service or engaging in other online activities for which [pointstitle] will be awarded in connection with the Service. All decisions regarding point balances, rewards, and forfeitures, and the identity of the individual accessing an account, are within our sole discretion. Rewards You may redeem [pointstitle] accrued in your account for Rewards, provided that your account is in good standing at the time of the redemption request. Bidding your [pointstitle] for Rewards in our Auctions will be subject to our rules applicable to such auctions. You also may use your [pointstitle] to submit Sweepstakes entries, each of which is subject to our rules for sweepstakes. You are required to be 18 years or older to bid in certain auctions, to be eligible for certain trade-ins or to submit certain Sweepstakes entries. Some Rewards provided through the Service by way of auctions, sweepstakes, or trade-ins are promoted regionally or nationally to users of other rewards services. Rewards that are promoted and accessible only to users eligible to participate in this Service are noted as such by the display of the reward type 'L' on the page displaying the material terms for that sweepstake, auction or trade-in. Rewards promoted and accessible regionally or nationally to users of this Service and other rewards services are noted as such by display of the reward type 'MM' on the page displaying the material terms for that sweepstake, auction or trade-in. In these cases, users of other rewards services in multiple cities will have the ability to participate in auctions, sweepstakes, and trade-ins available through the Service, which in turn may further limit the availability of the items offered to you through the Service. All active bids and sweepstakes entries will remain active and eligible for winning prize until the member is outbid or the sweepstakes entered closes. For these purposes, items will be deemed to be received on the date that you receive notice of an item being awarded in an auction or trade-in or a prize being awarded in a sweepstakes. [pointstitle] earned in two or more different accounts may not be combined to redeem or bid for any Reward. Some Rewards have limited availability and all Rewards are subject to availability and other terms and conditions. Dependent upon availability, we may substitute Rewards of greater or equal value. In some cases, Rewards you select are sent to you directly by the merchant, who is solely responsible for the quality and performance of the goods supplied. Rewards will only be shipped to locations within Princeton, NJ. Any rules of the merchants relating to returns and exchanges apply, but no [pointstitle] will be re-credited to your account. You are responsible for taxes, if any, due on [pointstitle] or Rewards. We reserve the right to modify or cancel any Reward offering at any time. Redeemed Rewards are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, other Rewards, or [pointstitle] under any circumstances. Privacy Policy By participating in the Service, you agree that we may collect and use information about you that you provide to us in accordance with our Privacy Policy. For more information, click here to see our complete privacy policy. By using the Service, you agree to be bound by the terms of our Privacy Policy.
Gaming or Fraud
Gaming, fraud or abuse relating to the accrual of [pointstitle] or redemption of Rewards may result in forfeiture of accrued [pointstitle] as well as the termination of your account. You are solely responsible for any fraudulent use of your [pointstitle] that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. Machines, scripts or automated services may not be used to access any part of the Service, accumulate any [pointstitle], or participate in any other aspect of the Service. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THE TERMS AND CONDITIONS IF YOU ACCESS ANY OTHER REGISTERED USER'S ACCOUNT TO TAKE ANY ACTION, INCLUDING BUT NOT LIMITED TO ENTERING CODES, TRIVIA ANSWERS, COMPLETING SURVEYS, OR REDEEMING [pointstitle] FOR PRIZES AND AWARDS, EVEN IF THE OTHER REGISTERED USER IS A FAMILY MEMBER. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS CODE WORDS, TRIVIA ANSWERS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR [pointstitle]. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM CODE WORDS, TRIVIA ANSWERS, OR OTHER INFORMATION THAT CAN BE REDEEMED FOR [pointstitle] THAT WAS RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY REWARDS. IT WILL ALSO BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY INDIVIDUAL OR COMPANY TO DIRECT, ENCOURAGE, OR ALLOW INDIVIDUALS TO USE A SINGLE ACCOUNT FOR THE PURPOSE OF ACCUMULATING [pointstitle] FOR COMPANY USE. VIOLATIONS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
Limitation of Liability, Indemnity and Release
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. BY USING THE SERVICE YOU AGREE THAT OUR TOTAL LIABILITY FOR ANY ACTION, CLAIM OR JUDGMENT, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL OUT OF POCKET EXPENSES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICE, BUT IN NO EVENT ATTORNEY'S FEES. You accept all responsibility for, and hereby indemnify and hold us harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of [pointstitle], redemption of [pointstitle], and disclosure of passwords to third parties. By using the Service, you release us, our subsidiaries, and affiliates from any and all liability regarding the redemption of [pointstitle], use of Rewards, or other participation in the Service. Violation of the Terms You understand and agree that in our sole discretion, and without prior notice, we may remove [pointstitle] from your account as a penalty, terminate your access to the website or deactivate your membership account if we determine that you have violated our Terms and Conditions. Indemnity You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website, including, without limitation, any information or content you post to the site or any interference with the operation of the site. Miscellaneous These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any conflicts or choice of laws rules (whether of Georgia or any other jurisdiction). The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The Service and its components, including all trademarks, trade names and logos, are the property of Frankly Media, Inc. and/or its licensors, which reserves all rights to such property. |