Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing DuroCast.com

Effective Date: This Terms of Use Agreement was last updated on 7-14-2009

This Terms of Use Agreement sets forth the standards of use of the DuroCast Online Service. By using the DuroCast.com website you (the “Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the DuroCast.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

In order to use DuroCast.com you must be 13 years of age or older.

  1. Description of Service

    DuroCast is providing you the Member with the service of searching for and listening to radio programming from broadcast and streaming radio sources. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

  2. Disclaimer of Warranties.

    The site is provided by DuroCast on an “as is" and on an “as available" basis. To the fullest extent permitted by applicable law, DuroCast makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. DuroCast shall have no liability for any interruptions in the use of this Website.

  3. Limitation of Liability

    DuroCast SHALL NOT be liable for any damages whatsoever, and in particular DuroCast shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if DuroCast has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

  4. Indemnification

    Member agrees to indemnify and hold DuroCast, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

  5. Modifications and Interruption to Service

    DuroCast reserves the right to modify or discontinue the Service with or without notice to the Member. DuroCast shall not be liable to the Member or any third party should DuroCast exercise its right to modify or discontinue the Service. Member acknowledges and accepts that DuroCast does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

  6. Third-Party Sites

    Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

  7. Copyright and Trademark Information

    All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is (Copyright)© DuroCast.com, with all rights reserved, or is the property of DuroCast and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of DuroCast is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of DuroCast. DuroCast Online Radio Redefined™ and DuroCast.com™ are proprietary marks of DuroCast.com. DuroCast’s trademarks may not be used in connection with any product or service that is not provided by DuroCast, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DuroCast. All other trademarks displayed on DuroCast’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with DuroCast. Durocast LLC. is a registered limited liability company in the State of Nevada and any claims against Durocast LLC. shall be through the State of Nevada court of law.

  8. Notification of Claimed Copyright Infringement

    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, DuroCast.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

    By Mail Attn: Copyright Information
    900 State Street
    P.O. Box C146
    Salem, Or 97301
    Email: info@DuroCast.com