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This Terms of Use Agreement ("Agreement") is a legal agreement between you ("User") and Sense.FM. Use of any materials on this web site at www.sense.fm ("web site") in any way constitutes acceptance of all such terms and conditions set forth herein.
Terms of Use
This web site is available only to those who agree to the terms and conditions set forth in this Agreement without modification.
Use of Personally Identifiable Information
Sense.FM may collect information about Users of this web site. Collection and use of this information is governed by the Sense.FM Privacy Policy.
Participation in the Promotions of Advertisers
User's correspondence with or participation in promotions of advertisers found on this web site, including the delivery of and payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between User and the advertiser. User agrees not to hold by Sense.FM liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this web site.
Links to Third Party Sites
Sense.FM provides Users with links to other web sites. These third party sites are not under the control of Sense.FM and User acknowledges that Sense.FM is not responsible or liable for any content, advertising, products or other materials available from such third party sites. Sense.FM further reserves the right to remove those links to sites representing activities inconsistent with the Sense.FM's mission and policies, including but not limited to its Personal Rights and Privacy Policy.
Applicable Laws
This Agreement and the relationship between User and Sense.FM shall be governed by and construed in accordance with the laws of the State of Missouri without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement shall be resolved in a Missouri court. You agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Missouri. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.
Limitation of Liability
User expressly understand and agree that Sense.FM shall not be liable for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exempt, or otherwise) resulting from any use of, or inability to use, this web site, regardless of the basis upon which liability is claimed, even if Sense.FM has been advised of the possibility of such loss or damage.
Disclaimer of Warranty
Sense.FM makes no warranty that this web site will meet User's requirements, or that it will be uninterrupted, timely, secure, or error free; nor does Sense.FM make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through Sense.FM
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SENSE.FM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF SENSE.FM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Copyright Notice
All materials contained within this web site are copyrighted except where explicitly noted otherwise. The audio selections heard on Trance and Progressive Channel of Sense.FM are intended for showcase purposes. All rights of individual files, mixes, and any other audio selections brought forth in showcase are property of their respective owners with intent and permission for Sense.FM to broadcast them. Copyright © 2005-2009 by Sense.FM. All rights reserved.
Trademark Notice
All registered and/or unregistered trademarks and/or service marks used or referred to in this web site are the property of Sense.FM and/or its respective owners, unless otherwise noted.
Headings
The headings contained herein have been inserted as a matter of convenience for reference only and shall not control or affect the meaning or construction of any of the terms or provisions herein.
Entire Agreement
This Agreement sets forth the entire understanding between the parties and supersedes prior agreements, communications, and representations between the parties regarding the subject matter contained herein. Waiver/Severability The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.
Message Board / Forum Usage / Chat Room
The opinions and ideas presented by users of Sense.FM Message Board and/or Chat Room are property of their original authors and users. Certain expressions and views by these users are sole statements which do not directly reflect Sense.FM views on individual topics, subject, or discussions. Hereby you comply use of our Message Board and/or Chat Room at your own risk. Some material may be for mature audiences and strong advisory should be exercised with caution in proceeding toward such material.
Banned Users
Website visitors and listeners to either of Sense.FM audio streams are banned with a valid reason and without further notice to the user. Such activity follows if a user attempts or displays suspicious activity on any content of our website or audio streams. Removal of such ban may only and must be requested by e-mailing Sense.FM directly.
Expression of concern or to contact an administrator for inquiries please e-mail info at sense dot fm