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READ THE FOLLOWING TERMS OF USE CAREFULLY:



By using the HowardStern.Com web site (the "Site"), you agree to these TERMS OF USE ("TOU"). Howard Stern Productions, Inc. as the management of the Site (the "Management"), reserves the right to modify the TOU at any time. You can review the most current version of the TOU at any time at: http://www.howardstern.com/terms.hs, and you should regularly check for changes. Your use of the Site after we make changes will signify your acceptance of the changes.

REGISTRATION OBLIGATIONS
In consideration of your access to and use of the content on the Site, you represent that you are of legal age to form a binding contract. Upon registration, you also agree to provide truthful and accurate information about yourself as requested, and to promptly make any updates as to keep such information current. The Management may suspend or terminate your account and refuse use of the Site in the event that you provide false information about yourself or fail to keep information current. You may not access the Site if you are under the age of eighteen (18).

USE OF GENERAL CONTENT
You acknowledge that all content on the Site (the "Content"), including but not limited to images, audio clips and video clips and Bulletin Board content, is protected by copyrights, trademarks and/or other intellectual and proprietary rights. Unauthorized duplication of any of the content, in whole or in part, is prohibited -- including but not limited to copying, republishing, posting or transmitting the Content or creating derivative works based upon the Content. You may download one copy of the Content on a single computer for personal, noncommercial home use only, and you may not change nor delete any attribution, trademark, legend or copyright notice. Downloading the Content does not confer to you any ownership rights in that material. Unauthorized use of the Content may subject the offender to civil liability and/or criminal prosecution under applicable laws.

The Site does not guarantee the accuracy, integrity or quality of any Content. You acknowledge that the Content cannot replace or substitute for the services of trained professionals in any field, including but not limited to, financial, medical, or legal matters. You further acknowledge that by accessing the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Site or the Management be liable for Content, including but not limited to for any errors or omissions in Content or for loss or damage incurred as a result of the use of Content.

You acknowledge that all Content posted on the Howard Stern Bulletin Board, and the rest of the Site, is the sole responsibility of the person posting such Content. This means that you, and not the Site, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Site. The Management does not control the Content posted by others and does not guarantee its accuracy, integrity or quality. You understand that by accessing the Bulletin Board, you may be exposed to content that is offensive, indecent or objectionable. Content on the Site may not be appropriate for children. The Site is not directed to children under the age of 18, and the Management does not knowingly collect personally identifiable information from children under 18. Children under 18 are not permitted to access the Site and its Content. We strongly recommend that parents take an active role in the use of the Internet by their children, and that parents employ parental control software to limit the access of their children to inappropriate material on the Internet.

SUBMISSIONS TO THE SITE
We welcome proper contributions to the Howard Stern Bulletin Board or any other pages of the Site that accept submissions from registered users. By submitting Content to the Site, you agree not use the Bulletin Board or any other parts of the Site in any way to:
a. post, email, transmit or otherwise make available Content that you know to be false or that is unlawful, harmful, threatening, abusive, tortious, defamatory, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. post, email, transmit or otherwise make available Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of another;
c. post, email, transmit or otherwise make available Content which you have no right to make available under any law or under contractual or fiduciary relationships (including but not limited to inside information and proprietary or confidential information disclosed in employment relationships or under nondisclosure agreements);
d. post, email, transmit or otherwise make available unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "stock touts," "pyramid schemes," or any other form of solicitation;
e. post, email, transmit or otherwise make available Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
f. impersonate any person or entity or misrepresent your affiliation with a person or entity, or disguise the origin of any Content transmitted through the Site;
g. "stalk" or otherwise harass or harm another in any way;
h. collect or store personal data about other users of the Site;
i. violate local, state, national or international law, including but not limited to administrative regulations and any other regulations having the force of law;
j. engage in any behavior that interferes with the operation of the Site or the enjoyment of the Site by other users. By posting any Content on the Site, you grant (or warrant that the owner of such rights has expressly granted) to Management the perpetual, non-exclusive, world-wide, sublicensable, royalty-free and fully paid license to use any or all of the Content you post, in its original or edited form, in radio programs, television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. You further warrant that any "moral rights" in posted materials have been waived. You acknowledge that you are not entitled to any compensation for any Content you may post on the Site or Management's use thereof pursuant to the license set forth above.

The Management is not responsible for Content provided by third parties, whether it appears in any Bulletin Board or elsewhere on the Site. The Management is not responsible for screening Content posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other matters. However, the Management retains the right to modify or remove messages or other Content that it, in its sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. It also reserves the right to edit or otherwise modify Content for any other reason. Whether or not it modifies or removes any such Content, users remain solely responsible for Content posted or otherwise contributed by them.

The Management may, at its sole discretion, suspend or terminate the registration of any user who violates any of these terms of use, or for any behavior that the Management, in its sole discretion, believes is inappropriate.

All Content is protected by United States copyright law and may not be copied, distributed, transmitted, displayed, published or otherwise commercially exploited without the express prior written consent of the Management.

You may download a limited number of machine readable and print copies of Content on the Site for your personal, noncommercial use only. You may not, however, alter the Content or alter or remove any copyright, trademark or other proprietary notices from copies of the Content.

REPORTING ALLEGED COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act, the designated agent to respond to reports alleging copyright infringement on the Site is [Jim Henley, 707 Wilshire Blvd. Los Angeles, CA. 90017]. If you believe Material has been made available on the Site that infringes on your copyright, send your complaint to: jim@dreamtank.com. Complaints are required to include the following information:
1. a physical or electronic signature;
2. identification of the infringed work;
3. identification of the infringed material;
4. contact information for the complainant, e.g. address, telephone number, electronic mail address;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
6. a statement that the information contained in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

LIMITATION OF LIABILITY
USE OF THIS WEBSITE IS PROVIDED "AS IS, WHERE IS," AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, NOR DOES MANAGEMENT PROVIDE ANY WARRANTIES OF ANY KIND IN RESPECT OF ANY CONTENT, GOODS AND SERVICES PURCHASED BY OR PROVIDED TO USERS OF THE SITE (UNLESS OTHERWISE EXPRESSLY STATED IN WRITING IN THE RELEVANT TERMS AND CONDITIONS OF SALE). THE MANAGEMENT EXPRESSLY EXCLUDES ANY EXPRESS OR IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT IN RESPECT OF THE SITE, ANY LINKS TO THE SITE, ANY CONTENT, SOFTWARE OR DATA DOWNLOADED FROM OR OTHERWISE ACCESSED VIA THE SITE. IT IS AGREED THAT MANAGEMENT AND ITS EMPLOYEES, AGENTS AND AFFILIATES WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES ACCESSED, PURCHASED OR OTHERWISE PROVIDED AT OR THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES). IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY MANAGEMENT AND ITS EMPLOYEES, AGENTS AND AFFILIATES FOR ALL DAMAGES (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE AND ITS CONTENT.

LAWS AND REGULATIONS

These TOU shall be governed by and construed and enforced in accordance with the laws of the State of New York without regard to its conflict of law provisions. Any legal proceedings relating to these Terms of Use or the Site shall be initiated in a state or federal court located in the State of New York, County of New York, and you hereby consent to the exclusive jurisdiction of such courts.

Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Content may be subject to U.S. export and re-export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States.

If any of the provisions of these TOU are held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the other provisions of these TOU. This is the entire agreement relating to the TOU. This agreement may be modified only by the posting by Management of changes to these TOU conditions, or by a writing signed by both parties.

PRIVACY POLICY
This Privacy Policy is a part of the TOU, and covers information collected on the Site. This policy does not cover information collected offline or elsewhere. The Management may amend this policy at any time.

You may be asked to provide personal identification information in connection with your access to all or part of the Site. This personal identification information will only be collected from you if you voluntarily submit such information. The Site uses security measures to protect the loss, misuse and alteration of the information under our control; however, all security is subject to possible circumvention, and we cannot and do not provide any guarantees regarding the effectiveness of the security we employ or our ability to prevent third parties, acting unlawfully, from obtaining information that you provide to us.

The information that you submit may be used in the following ways: your IP address may be used to help diagnose problems with our server, and to administer the Site. Your IP address may also be used to help identify you and to gather broad demographic information that is anonymous in nature and is not associated with particular individuals. Other anonymous information (not including your name, address, email address or telephone number) about your visits to the Site may be gathered for use in providing advertisements on the Site. In the course of serving advertisements to Site users, our third-party advertisers may place or recognize a unique "cookie" on your browser.

If you have any questions about this Privacy Policy, the TOU or the Site, you can contact webmaster@howardstern.com.
18 U.S.C. 2557 Record-Keeping Requirements Compliance Statement    © 2007, Howard Stern Productions, Inc. Terms of Use