Philadelphia Radio Archives Terms of Use

Terms of Use

Welcome to PhillyRadioArchives.com, a web site of Alan Boris LLC (the "Site"). Please review the following terms and conditions of use, which govern your use of the Site. If you do not agree to these terms, please do not use the Site.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Site Contents

Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials are owned by Alan Boris LLC. Station logos, audio, and video clips are the property of the respective station.

The Site and the Contents are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the contents of the Site. You may obtain permission to reproduce certain portions of the site by contacting us at radio@alanboris.com.

Links to Other Web Sites and Services

The Sites may contain links to other Web sites that are not under the control of Alan Boris LLC. Alan Boris LLC has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site's users.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ALAN BORIS LLC BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE.

Disclaimer of Warranties With Respect to Use of Website

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALAN BORIS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

ALAN BORIS LLC DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ALAN BORIS LLC MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Indemnification

You agree to defend, indemnify and hold Alan Boris LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites.



Digital Millennium Copyright Act

If You believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Site in a way that may constitute copyright infringement, You may provide notice of your claim to Alan Boris LLC Designated Agent listed below, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your notice to be effective, it must include the following information:


1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that You claim has been infringed upon;
3. A description of where the material that You claim is infringing is located;
4. Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an e-mail address at which You may be contacted;
5. A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Alan Boris LLC's Designated Agent is:
Alan Boris LLC
Attn: Intellectual Property Agent
PO Box 35
Wynnewood, PA 19096
Email: radio@alanboris.com

If your user content or other information has been affected by reason of a notification under the DMCA, You may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if You materially misrepresent that your user content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.

To file a counter-notification with us, You must provide us with a written communication sent to Alan Boris LLC's Designated Agent identified above that sets forth the following items:

1. An identification of the URLs or other unique identifying information of material that Alan Boris LLC has removed or to which Alan Boris LLC has disabled access;
2. Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Montgomery County, Pennsylvania if your address is outside of the United States), and that You will accept service of process from the person who provided notification under the DMCA or an agent of such person;
3. A statement, under penalty of perjury, that You have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your physical or electronic signature.