Terms of Use | mediaBrew Communications

A. By using and/or visiting this website (collectively, including all content and functionality available through any site or domain owned, licensed by or licensed through, or operated by mediaBrew Communications Marquette Llc. , or “Website”, including but not limited to: sunny.fm, wfxd.com, wrup.com, gto.fm, foxsportsmarquette.com, wkqsfm.com, gift106.com, greatlakesshopping.com, uplocalsports.com, upbargains.com, broadcast-everywhere.net, broadcasteverywhere.net, broadcasteverywhere.org, mediaBrewUP.com, and related social media pages as well as any other sites owned, operated, licensed to or by mediaBrew Communications Marquette Llc.), you agree to (1) these terms and conditions (the “Terms of Service”) found at https://mediabrewup.com/terms-of-use/ and (2) mediaBrew Communications Marquette Llc. ‘s privacy notice, found at https://mediabrewup.com/privacy-policy/ and incorporated here by reference. If you do not agree to any of these terms and/or to the mediaBrew Communications Marquette Llc. privacy notice, you may not use the mediaBrew Communications Marquette Llc. Website (s).

mediaBrew Communications Marquette Llc. provides this mediaBrew Communications Marquette Llc. Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the Agreement). Please read this Agreement carefully before using this mediaBrew Communications Marquette Llc. Website. Your use of this mediaBrew Communications Marquette Llc. Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this mediaBrew Communications Marquette Llc. Website. This Agreement sets forth mediaBrew Communications Marquette Llc. policies with respect to its operation of the mediaBrew Communications Marquette Llc. Websites. Other policies govern mediaBrew Communications Marquette Llc. non-Internet operations.

Certain products or services offered by this and/or other mediaBrew Communications Marquette Llc. Websites (each a mediaBrew Communications Marquette Llc. Internet Service, and collectively mediaBrew Communications Marquette Llc. Internet Services), and certain areas within this and/or other mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY mediaBrew Communications Marquette Llc. WEBSITE MAY BE TERMINATED IMMEDIATELY IN mediaBrew Communications Marquette Llc. 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.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version found at https://mediabrewup.com/terms-of-use/. mediaBrew Communications Marquette Llc. may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

C. mediaBrew Communications Marquette Llc. reserves the right, in its sole discretion, to modify, suspend, or terminate this mediaBrew Communications Marquette Llc. Website and/or any portion thereof, including any mediaBrew Communications Marquette Llc. Internet Service, and/or your account, password, or use of any mediaBrew Communications Marquette Llc. Internet Service, or any portion thereof, at any time for any reason with or without notice to you.

2. mediaBrew Communications Marquette Llc. Website

A. When no other written agreement signed by you and mediaBrew Communications Marquette Llc. exists, these Terms of Service apply to you and all users of the mediaBrew Communications Marquette Llc. Website, including users who are also contributors of video content, information, and other materials or services on the Website. The mediaBrew Communications Marquette Llc. Website includes all aspects of mediaBrew Communications Marquette Llc. , including but not limited to all products, software and services offered via the website such as the mediaBrew Communications Marquette Llc. features, the ” mediaBrew Communications Marquette Llc. Player,” ” and other applications.

Additionally, in regards to On-Air or Online contests, mediaBrew Communications Marquette Llc. General Contest rules (https://mediabrewup.com/general-contest-rules/) and the Specific contest rules as published on the website are collectively included as part of these Terms of Use.

B. The mediaBrew Communications Marquette Llc. Website may contain links to third party websites that are not owned or controlled by mediaBrew Communications Marquette Llc. mediaBrew Communications Marquette Llc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, mediaBrew Communications Marquette Llc. will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve mediaBrew Communications Marquette Llc. from any and all liability arising from your use of any third-party website or 3rd party services arising from your contact arising through any mediaBrew Communications Marquette Llc. website

This mediaBrew Communications Marquette Llc. Website may contain links to websites operated by third parties. mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc.’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

This mediaBrew Communications Marquette Llc. Website may enable you to order and receive products, information and services from businesses that are not owned or operated by mediaBrew Communications Marquette Llc. 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. mediaBrew Communications Marquette Llc. 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. mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. Internet Service.

C. Any software that is made available to view and/ or download in connection with a mediaBrew Communications Marquette Llc. Internet Service (“Software”), including pod casts, audio streaming, or video streaming, is owned or controlled by mediaBrew Communications Marquette Llc. 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. mediaBrew Communications Marquette Llc. accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

D. Accordingly, we encourage you to be aware when you leave the mediaBrew Communications Marquette Llc. Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Changes to this Agreement
This Agreement is effective as of August 1, 2019. mediaBrew Communications Marquette Llc. reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. mediaBrew Communications Marquette Llc. will provide notice of such change on this mediaBrew Communications Marquette Llc. Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the mediaBrew Communications Marquette Llc. Website and/or mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. Website and/or the mediaBrew Communications Marquette Llc. Internet Service to which the changes may apply.

4. mediaBrew Communications Marquette Llc. Accounts

A. In order to access some features of the Website, you will have to create a mediaBrew Communications Marquette Llc. account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify mediaBrew Communications Marquette Llc. immediately of any breach of security or unauthorized use of your account.

B. Although mediaBrew Communications Marquette Llc. will not be liable for your losses caused by any unauthorized use of your account, and you may be liable for the losses of mediaBrew Communications Marquette Llc. or others due to such unauthorized use.

C. If a particular mediaBrew Communications Marquette Llc. Website or mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. immediately of any unauthorized use of your account. mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. Internet Service.

D. Except where otherwise provided, access to and use of this mediaBrew Communications Marquette Llc. Website and the mediaBrew Communications Marquette Llc. Internet Services offered through this site are currently available without charge. mediaBrew Communications Marquette Llc. reserves the right to charge a fee for access to or use of this mediaBrew Communications Marquette Llc. Website, or any mediaBrew Communications Marquette Llc. Internet Service available on this mediaBrew Communications Marquette Llc. Website at any time in the future. Your access to or use of this mediaBrew Communications Marquette Llc. Website before such time does not entitle you to use of this mediaBrew Communications Marquette Llc. Website without charge in the future.

E. Termination of your account for a mediaBrew Communications Marquette Llc. Internet Service removes your authorization to use the mediaBrew Communications Marquette Llc. 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, mediaBrew Communications Marquette Llc. shall not be liable to you or any third-party for any termination of your access to a mediaBrew Communications Marquette Llc. Internet Service.

5. General Use of the Website — Permissions and Restrictions

mediaBrew Communications Marquette Llc. hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without mediaBrew Communications Marquette Llc. ‘s prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to mediaBrew Communications Marquette Llc.’s Player or any of its related technologies.

C. You agree not to access User Submissions (defined below) or mediaBrew Communications Marquette Llc. Content through any technology or means other than the video or audio playback or rss feed pages of the Website itself, the mediaBrew Communications Marquette Llc. Player, or other explicitly authorized means mediaBrew Communications Marquette Llc. may designate.

D. You agree not to use the Website, including the mediaBrew Communications Marquette Llc. Player for any commercial use, without the prior written authorization of mediaBrew Communications Marquette Llc. Prohibited commercial uses include any of the following actions taken without mediaBrew Communications Marquette Llc. ‘s express approval:

* sale of access to the Website or its related services (such as the Player) on another website;
* use of the Website or its related services (such as the Player), for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the mediaBrew Communications Marquette Llc. website or any third-party website, targeted to the content of specific User Submissions or mediaBrew Communications Marquette Llc. content;
* and any use of the Website or its related services (such as the player) that mediaBrew Communications Marquette Llc. finds, in its sole discretion, to use mediaBrew Communications Marquette Llc. ‘s resources or User Submissions with the effect of competing with or displacing the market for mediaBrew Communications Marquette Llc. , mediaBrew Communications Marquette Llc. content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)

E. Prohibited commercial uses do not include:

* uploading an original audio video to mediaBrew Communications Marquette Llc., or maintaining an original channel on a mediaBrew Communications Marquette Llc. site, to promote your business or artistic enterprise;
* using the Player to show mediaBrew Communications Marquette Llc. videos on an ad-enabled blog or website, provided the primary purpose of using the Player is not to gain advertising revenue or compete with mediaBrew Communications Marquette Llc. ;
* any use that mediaBrew Communications Marquette Llc. expressly authorizes in writing.

F. If you use the mediaBrew Communications Marquette Llc. Player on your website, you must include a prominent link back to the mediaBrew Communications Marquette Llc. website on the pages containing the Player and you may not modify, build upon, or block any portion of the Player in any way.

G. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the mediaBrew Communications Marquette Llc. servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, mediaBrew Communications Marquette Llc. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. mediaBrew Communications Marquette Llc. reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

H. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.

I. mediaBrew Communications Marquette Llc. reserves the right to discontinue any aspect of the mediaBrew Communications Marquette Llc. Website at any time.

J. This mediaBrew Communications Marquette Llc. Website may offer certain mediaBrew Communications Marquette Llc. Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively ” mediaBrew Communications Marquette Llc. Interactive Services”). Additional terms may cover these services, which appear on the pages where these services are available and can be found here.

K. This mediaBrew Communications Marquette Llc. Website may offer certain mediaBrew Communications Marquette Llc. Subscription Services such as newsletters and Real Simple Syndication (“RSS”) feeds (collectively ” mediaBrew Communications Marquette Llc. Subscription Services”). By registering for a mediaBrew Communications Marquette Llc. Subscription Service, you will be subject to any charges and rules set forth in the description of that service

L. Some mediaBrew Communications Marquette Llc. Internet Services on this mediaBrew Communications Marquette Llc. Website, including certain mediaBrew Communications Marquette Llc. Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee ( mediaBrew Communications Marquette Llc. Premium Service). By using the mediaBrew Communications Marquette Llc. Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service. A copy of the Premium Service Additional Terms can be found here.

M. You agree that you will not:

* Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as spam), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
* Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the mediaBrew Communications Marquette Llc. Website, or any postings which advocate illegal activity.
* Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
* Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
* Deliver, or provide links to, any postings containing defamatory, false or libelous material.
* Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
* Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
* Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
* Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
* Use this mediaBrew Communications Marquette Llc. service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the mediaBrew Communications Marquette Llc. Website or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including by means uploading or transmitting to this Site or mediaBrew Communications Marquette Llc. servers any computer viruses, Trojan horses, worms, or other disabling or harmful software intended to damage, interfere with, intercept or monitor surreptitiously, or take over another computer.
* Attempt to gain unauthorized access to this mediaBrew Communications Marquette Llc. Website, any related website, other accounts, computer system, or networks connected to this mediaBrew Communications Marquette Llc. Website, through hacking, password mining, or any other means.
* Obtain or attempt to obtain any materials or information through any means not intentionally made available through this mediaBrew Communications Marquette Llc. Website, including harvesting or otherwise collecting information about others such as email addresses.

N. You are solely responsible and liable for postings delivered to the mediaBrew Communications Marquette Llc. Website using your account. Any violation of these provisions can subject your mediaBrew Communications Marquette Llc. account to immediate termination and, possibly, further legal action.

O. mediaBrew Communications Marquette Llc. does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a mediaBrew Communications Marquette Llc. interactive website by you or other users. mediaBrew Communications Marquette Llc. is not obligated to and does not regularly review, monitor, delete, or edit postings. However, mediaBrew Communications Marquette Llc. reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. mediaBrew Communications Marquette Llc. is not responsible or liable for damages of any kind arising from any postings even when mediaBrew Communications Marquette Llc. is advised of the possibility of such damages, or from mediaBrew Communications Marquette Llc.’s alteration or deletion of any posting.

P. The information and opinions expressed in postings on this mediaBrew Communications Marquette Llc. Website are not necessarily those of mediaBrew Communications Marquette Llc. or its content providers, advertisers, sponsors, affiliated or related entities, and mediaBrew Communications Marquette Llc. makes no representations or warranties regarding that information or those opinions. mediaBrew Communications Marquette Llc. does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

Q. Unless otherwise provided, all postings to the mediaBrew Communications Marquette Llc. Website automatically and immediately become the property of mediaBrew Communications Marquette Llc. without any obligation of confidentiality. mediaBrew Communications Marquette Llc. shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that mediaBrew Communications Marquette Llc. does not retain exclusive ownership of any posting, then you hereby expressly grant to mediaBrew Communications Marquette Llc. a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.

6. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the mediaBrew Communications Marquette Llc. Website.

A. The content on the mediaBrew Communications Marquette Llc. Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to mediaBrew Communications Marquette Llc., subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. mediaBrew Communications Marquette Llc. reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions solely:

* for your information and personal use;
* as intended through the normal functionality of the mediaBrew Communications Marquette Llc. Service; and
* for Streaming.

“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the mediaBrew Communications Marquette Llc. Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Audio or Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available “as is.”

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the mediaBrew Communications Marquette Llc. Service. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the mediaBrew Communications Marquette Llc. Service or otherwise as prohibited under this Agreement.

D. You may access mediaBrew Communications Marquette Llc. Content, User Submissions and other content only as permitted under this Agreement. mediaBrew Communications Marquette Llc. reserves all rights not expressly granted in and to the mediaBrew Communications Marquette Llc. Content and the mediaBrew Communications Marquette Llc. Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the mediaBrew Communications Marquette Llc. Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the mediaBrew Communications Marquette Llc. Website or the Content therein.

G. You understand that when using the mediaBrew Communications Marquette Llc. Website, you will be exposed to User Submissions from a variety of sources, and that mediaBrew Communications Marquette Llc. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against mediaBrew Communications Marquette Llc. with respect thereto, and agree to indemnify and hold mediaBrew Communications Marquette Llc. , its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

7. Your User Submissions and Conduct

A. As a mediaBrew Communications Marquette Llc. account holder you may submit video content (“User Videos”), photographs, audio files, and textual content (“User Comments”). User Videos, photographs, audio files, and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, mediaBrew Communications Marquette Llc. does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize mediaBrew Communications Marquette Llc. to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to a mediaBrew Communications Marquette Llc. website, you hereby grant mediaBrew Communications Marquette Llc. a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the mediaBrew Communications Marquette Llc. Website and mediaBrew Communications Marquette Llc. ‘s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the mediaBrew Communications Marquette Llc. Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the mediaBrew Communications Marquette Llc. Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree that mediaBrew Communications Marquette Llc. may retain, display, distribute, and/or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant mediaBrew Communications Marquette Llc. all of the license rights granted herein.

E. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the mediaBrew Communications Marquette Llc. Community standards or policies, which may be published and/or updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F. mediaBrew Communications Marquette Llc. does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and mediaBrew Communications Marquette Llc. expressly disclaims any and all liability in connection with User Submissions. mediaBrew Communications Marquette Llc. does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and mediaBrew Communications Marquette Llc. will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. mediaBrew Communications Marquette Llc. reserves the right to remove Content and User Submissions without prior notice.

8. Account Termination Policy

A. mediaBrew Communications Marquette Llc. will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. mediaBrew Communications Marquette Llc. reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. mediaBrew Communications Marquette Llc. may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

9. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* 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;
* 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 the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have 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; and
* 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.

mediaBrew Communications Marquette Llc. ‘s designated Copyright Agent to receive notifications of claimed infringement is: Charles Williams c/o mediaBrew Communications Marquette Llc. 3060 U.S. 41 West, Marquette, Michigan 49855, email: connectnow@mediabrewup.com, fax: (906)228-8128. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to mediaBrew Communications Marquette Llc. customer service through contact@broadcasteverywhere.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

* Your physical or electronic signature;
* Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
* A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, mediaBrew Communications Marquette Llc. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at mediaBrew Communications Marquette Llc. ‘s sole discretion.

In any and all cases, any content from any source may be removed from mediaBrew Communications Marquette Llc. site or sites without prior notice for any reason that mediaBrew Communications Marquette Llc. deems necessary.

10. Shopping Show
Our on-air Shopping Show on various stations, including Sunny.FM, WKQS 101.9 FM, and streaming versions, is a high discount, clearance-price site that offers discounts and discount certificates from local and national vendors. mediaBrew Communications Marquette Llc. , its officers, and employees only provide discount offers from the advertisers. Monies collected from users by mediaBrew Communications Marquette Llc. of the certificates do not directly go to the actual items upon which the discount applies. The monies collected are applied to the vendor’s advertising due to mediaBrew Communications Marquette Llc. All titles, insurances and legal issues, and questions of quality and warranties and coverage that arise or that may arise are entirely between the purchaser and the vendor of the product or service. mediaBrew Communications Marquette Llc. , its officers and employees offer no money-back guarantee of any kind on Shopping Show Purchases.
By using of the Shopping Show services of mediaBrew Communications Marquette Llc. , you agree to all terms of service, privacy policies, and general contest rules.

111. The mediaBrew Communications Marquette Llc. 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, mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. or by other parties that have provided rights thereto to mediaBrew Communications Marquette Llc. .

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 mediaBrew Communications Marquette Llc. Website, in whole or in part, without the express written permission of mediaBrew Communications Marquette Llc. .

Other trademarks, service marks, product names and company names or logos appearing on this mediaBrew Communications Marquette Llc. Website that are not owned by mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. Website, or frame this mediaBrew Communications Marquette Llc. Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the mediaBrew Communications Marquette Llc. Website in an email for commercial purposes, without the express written permission of mediaBrew Communications Marquette Llc.

You may inquire about obtaining permission by writing:

Permissions
mediaBrew Communications Marquette Llc.
3060 U.S. 41 West
Marquette, MI 49855

By Facsimile: (906)228-8128
By Email: connectnow@mediabrewup.com

11. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE mediaBrew Communications Marquette Llc. WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, mediaBrew Communications Marquette Llc. , ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. mediaBrew Communications Marquette Llc. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE mediaBrew Communications Marquette Llc. WEBSITE. mediaBrew Communications Marquette Llc. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE mediaBrew Communications Marquette Llc. WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND mediaBrew Communications Marquette Llc. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS mediaBrew Communications Marquette Llc. WEBSITE AND/OR mediaBrew Communications Marquette Llc. INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS mediaBrew Communications Marquette Llc. WEBSITE OR mediaBrew Communications Marquette Llc. INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN AS IS, AS AVAILABLE BASIS. mediaBrew Communications Marquette Llc. 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, mediaBrew Communications Marquette Llc. 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. mediaBrew Communications Marquette Llc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS mediaBrew Communications Marquette Llc. 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. mediaBrew Communications Marquette Llc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS mediaBrew Communications Marquette Llc. WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

12. Limitation of Liability

IN NO EVENT SHALL mediaBrew Communications Marquette Llc. , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE mediaBrew Communications Marquette Llc. WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT mediaBrew Communications Marquette Llc. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT SHALL mediaBrew Communications Marquette Llc. , ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. WEBSITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE mediaBrew Communications Marquette Llc. WEBSITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. WEBSITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE mediaBrew Communications Marquette Llc. WEBSITE AND mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

The Website is controlled and offered by mediaBrew Communications Marquette Llc. from its facilities in the United States of America. mediaBrew Communications Marquette Llc. makes no representations that the mediaBrew Communications Marquette Llc. Website is appropriate or available for use in other locations. Those who access or use the mediaBrew Communications Marquette Llc. Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13. Indemnity

You agree to defend, indemnify and hold harmless mediaBrew Communications Marquette Llc. , its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the mediaBrew Communications Marquette Llc. Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the mediaBrew Communications Marquette Llc. Website.

You agree to indemnify, defend, and hold harmless mediaBrew Communications Marquette Llc., 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 mediaBrew Communications Marquette Llc. Website and any related mediaBrew Communications Marquette Llc. Internet Service and/or software. mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. in asserting any available defenses.

14. International Use/U.S. Export Controls
Accessing materials on this mediaBrew Communications Marquette Llc. Website by certain persons in certain countries may not be lawful, and mediaBrew Communications Marquette Llc. makes no representation that materials on this mediaBrew Communications Marquette Llc. Website are appropriate or available for use in locations outside the United States. If you choose to access this mediaBrew Communications Marquette Llc. 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 mediaBrew Communications Marquette Llc. Website. No software or any other materials associated with this mediaBrew Communications Marquette Llc. 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 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 mediaBrew Communications Marquette Llc. 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.

15. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the mediaBrew Communications Marquette Llc. Website is not intended for children under 13. If you are under 13 years of age, then do not use the mediaBrew Communications Marquette Llc. Website.

16. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by mediaBrew Communications Marquette Llc. without restriction.

17. General

You agree that: (i) the mediaBrew Communications Marquette Llc. Website shall be deemed solely based in Michigan; and (ii) the mediaBrew Communications Marquette Llc. Website shall be deemed a passive website that does not give rise to personal jurisdiction over mediaBrew Communications Marquette Llc., either specific or general, in jurisdictions other than Michigan. These Terms of Service shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between you and mediaBrew Communications Marquette Llc. that arises in whole or in part from the mediaBrew Communications Marquette Llc. Website shall be decided exclusively by a court of competent jurisdiction located in Marquette County, Michigan. These Terms of Service, together with the Privacy Notice at https://mediabrewup.com/privacy-policy/ and any other legal notices published by mediaBrew Communications Marquette Llc. on the Website, shall constitute the entire agreement between you and mediaBrew Communications Marquette Llc. concerning the mediaBrew Communications Marquette Llc. Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and mediaBrew Communications Marquette Llc. ‘s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. mediaBrew Communications Marquette Llc. reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the mediaBrew Communications Marquette Llc. Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND mediaBrew Communications Marquette Llc. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE mediaBrew Communications Marquette Llc. WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

18. Copyright Notice

The content on the mediaBrew Communications Marquette Llc. site, including without limitation, the text, software, graphics, photos, and videos, is owned by or licensed to mediaBrew Communications Marquette Llc. , subject to copyright and other intellectual property rights under United States Copyright Act and trademark laws, foreign laws, and international conventions. mediaBrew Communications Marquette Llc. reserves all rights not expressly granted in and to the website and said content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of said content.

All copyright, trademarks, service marks and other intellectual property rights in this site (including the design, arrangement, and look and feel) and all material or content supplied as part of the site, other than user-generated content, shall remain at all times the property of mediaBrew Communications Marquette Llc., its affiliates, associated companies, and/or licensors.

The names, images and logos identifying mediaBrew Communications Marquette Llc. are proprietary marks of mediaBrew Communications Marquette Llc. , its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of mediaBrew Communications Marquette Llc. , its associated companies and affiliates, or any third party unless expressly stated otherwise.

You shall be solely responsible for your own content and the consequences of posting or publishing said content. In connection with all content that you upload to mediaBrew Communications Marquette Llc. , you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize mediaBrew Communications Marquette Llc. to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to said content, including without limitation any musical recordings contained therein; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any uploaded video to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the website and these Terms of Use.

19. Prohibited Content

Our goal is to promote the free-flowing exchange of expression relating to members interests, activities and hobbies while maintaining high standards of respect and decency. In order to attain this goal, and in addition to the other content and/or action restrictions set forth in these Terms of Use and elsewhere on the mediaBrew Communications Marquette Llc. website, the following content is prohibited on mediaBrew Communications Marquette Llc. :

* Content involving nudity, including but not limited to, nudity or partial nudity of children of any age.
* Content that exploits children or minors or that discloses any personally identifying information beyond a first name about persons under the age of 18.
* Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.
* Content that has as its sole or primary purpose to advertise a particular product or service that, in the sole judgment of mediaBrew Communications Marquette Llc. , does not otherwise have redeeming value to the community. mediaBrew Communications Marquette Llc. may allow the uploading of some such content for a fee, at its sole discretion. Such advertising content may be treated differently than other content (i.e. through indications that it is an advertisement, or exclusion from some indices or searches).
* Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
* Content promoting or providing instructional information about illegal activities.
* Content depicting cruelty to animals.
* Copyrighted content or material that is used without the express permission of the owner.
* Content intended to abuse, harass, stalk, threaten or otherwise violate the legal rights of others (such as the rights of privacy and publicity).
* Content that contains software or other material protected by intellectual property laws unless you own or control the rights thereto or have secured all necessary consents and/or licenses.
* Content or other material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of mediaBrew Communications Marquette Llc. servers or another users computer.
* Content that violates any applicable laws or regulations not specifically referenced herein.

As a condition of your use of the mediaBrew Communications Marquette Llc. site, you warrant that you will not use the services offered on the site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the mediaBrew Communications Marquette Llc. site in any manner which could damage, disable, overburden, or impair the mediaBrew Communications Marquette Llc. site or interfere with any other parties use and enjoyment of the mediaBrew Communications Marquette Llc. site. You may not obtain or attempt to obtain any materials or information, including but not limited to, software and other mediaBrew Communications Marquette Llc. proprietary materials, through any means not intentionally made available or provided for through the mediaBrew Communications Marquette Llc. site.

mediaBrew Communications Marquette Llc. has no obligation to monitor the content which has been uploaded to the Web site for compliance with the foregoing. However, mediaBrew Communications Marquette Llc. reserves the right to review materials uploaded to mediaBrew Communications Marquette Llc. and to remove any materials in its sole discretion for any reason or no reason, at any time, with or without notice to you. mediaBrew Communications Marquette Llc. reserves the right to terminate your access to any or all of the services offered by mediaBrew Communications Marquette Llc. at any time without notice for any reason whatsoever.

mediaBrew Communications Marquette Llc. does not control or endorse the content, messages or information found in any user-generated content or uploaded material and, therefore, mediaBrew Communications Marquette Llc. specifically disclaims any liability with regard to such user-generated content or uploaded material and any actions resulting from such user-generated content or uploaded material.

You agree to use the services provided by mediaBrew Communications Marquette Llc. only for their intended, lawful purposes and in accordance with all applicable laws. You agree not to use mediaBrew Communications Marquette Llc. in any manner that interferes with its normal operation or with any other users use and enjoyment thereof. You further agree that you will not access, or cause others to access, mediaBrew Communications Marquette Llc. through an interface or in a manner that would interfere with the monetization of mediaBrew Communications Marquette Llc. -hosted content or the honoring of copyright licenses attached to mediaBrew Communications Marquette Llc. -hosted content. You also agree that you will not access mediaBrew Communications Marquette Llc. from any territory where its contents are illegal.

mediaBrew Communications Marquette Llc. does not endorse any user-generated content or any opinion, recommendation or advice expressed therein, and mediaBrew Communications Marquette Llc. expressly disclaims any and all liability in connection with user-generated content. If notified by a user or a third party of uploaded material that allegedly does not conform to these Terms of Use, mediaBrew Communications Marquette Llc. may investigate the allegation and determine in good faith and in its sole discretion whether to remove the user-generated content.

20. Third Party Sites/Links To or From mediaBrew Communications Marquette Llc.

mediaBrew Communications Marquette Llc. may contain links to other websites (Linked Sites). The Linked Sites are not under the control of mediaBrew Communications Marquette Llc. and mediaBrew Communications Marquette Llc. is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. mediaBrew Communications Marquette Llc. is not responsible for webcasting or any other form of transmission received from any Linked Site. mediaBrew Communications Marquette Llc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by mediaBrew Communications Marquette Llc. or any association with its operators.

If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. mediaBrew Communications Marquette Llc. does not endorse and is not responsible or liable for any content, advertising, products, services or information on, or available from, third party websites or material. mediaBrew Communications Marquette Llc. is not responsible for any damage, loss or offense caused by, or in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings are solely between you and the relevant provider of the service. mediaBrew Communications Marquette Llc. does not claim any legal authorization to use any trademark, trade name, logo or copyright symbol displayed in or accessible through a Linked Site.

mediaBrew Communications Marquette Llc. disclaims all liability for any legal or other consequences (including claims for infringement of third party rights) of links made to this site on websites not affiliated with mediaBrew Communications Marquette Llc.

21. Commercial Aggregation

mediaBrew Communications Marquette Llc. is designed to be technically compatible with the universe of third-party aggregation software to the greatest extent possible, and we are committed to building an open platform. Unless otherwise stated, however, you may not distribute, transmit, broadcast, commercially exploit or modify in any way material or content or permit or assist any third party in doing the same. You may not aggregate, embed or “deep-link” content on mediaBrew Communications Marquette Llc. from your own Web site, service or platform for commercial purposes in a systematic way without the prior written consent of mediaBrew Communications Marquette Llc. . You must at all times respect the copyright licenses attached to mediaBrew Communications Marquette Llc. content while aggregating, embedding or deep-linking mediaBrew Communications Marquette Llc. content.

Frequently Asked Questions

What is the copyright status of materials I may upload or post to a mediaBrew Communications Marquette Llc. website

When you upload or post content to mediaBrew Communications Marquette Llc. website(s), that content becomes public content and will be searchable by and available to anyone who visits the mediaBrew Communications Marquette Llc. site. mediaBrew Communications Marquette Llc. does not claim ownership of the materials you post, upload, input or submit to the mediaBrew Communications Marquette Llc. site. However, by posting, uploading, inputting, providing or submitting your content to mediaBrew Communications Marquette Llc. , you are granting mediaBrew Communications Marquette Llc. , its affiliated companies and partners, a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish that content for the purposes of displaying that content on mediaBrew Communications Marquette Llc. and on other Web sites, devices and/or platforms. Content that you upload to mediaBrew Communications Marquette Llc. will generally be availaable to the public in RSS feeds designed to allow for the automatic syndication of content throughout the Web mediaBrew Communications Marquette Llc. is an open platform and designed for the free exchange of content and ideas.

When you upload or post content to the mediaBrew Communications Marquette Llc. site, you grant mediaBrew Communications Marquette Llc. a license to distribute that content, either electronically or via other media, to users seeking to download it through the mediaBrew Communications Marquette Llc. site or for purposes of other services provided by mediaBrew Communications Marquette Llc. and to display such content on mediaBrew Communications Marquette Llc. affiliated sites. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed as necessary for us to provide the mediaBrew Communications Marquette Llc. services as they now exist or are developed in the future.