LAST MODIFIED: August 15, 2017
The Dial Report is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Dial Report, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Dial Report.
3. Accessing the Dial Report and Account Security
We reserve the right to withdraw or amend the Dial Report, and any service or material we provide on the Dial Report, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Dial Report is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Dial Report, or the entire Dial Report, to users, including registered users.
You are responsible for:
- – Making all arrangements necessary for you to have access to the Dial Report.
Your user name, password or any other piece of information provided to you as part of our security procedures is confidential, and you must not disclose it to any other person or entity. The Dial Report operates on a Seat License basis. Therefore, you acknowledge that your account is personal to you and agree not to provide any other person with access to the Dial Report or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. Intellectual Property Rights
The Dial Report and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property (“IP”) or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of our IP, except as follows:
- – Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- – You may store files that are automatically cached by your Web browser for display enhancement purposes.
- – You may print or download copies of a reasonable number of pages of the Dial Report.
You must not:
- – Modify copies of any materials from this site.
- – Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- – Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, including but not limited to TagStation®, NextRadio® , Dial ReportTM and SlingshotTM, are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Dial Report are the trademarks of their respective owners.
6. Prohibited Uses
- – In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- – For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- – To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- – To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- – To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Dial Report, or which, as determined by us, may harm the Company or users of the Dial Report or expose them to liability.
Additionally, you agree not to:
- – Use the Dial Report in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Dial Report, including their ability to engage in real time activities through the Dial Report.
- – Use any robot, spider or other automatic device, process or means to access the Dial Report for any purpose, including monitoring or copying any of the material on the Dial Report.
- – Use any manual process to monitor or copy any of the material on the Dial Report or for any other unauthorized purpose without our prior written consent.
- – Use any device, software or routine that interferes with the proper working of the Dial Report.
- – Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- – Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Dial Report, the server on which the Dial Report is stored, or any server, computer or database connected to the Dial Report.
- – Attack the Dial Report via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Dial Report.
7. Monitoring and Enforcement; Termination
We have the right to:
- – Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Dial Report.
8. Reliance on Information Posted
The information presented on or through the Dial Report is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Dial Report, or by anyone who may be informed of any of its contents.
9. Changes to the Dial Report
We update the content on the Dial Report from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Dial Report may be out of date at any given time.
10. Information About You and Your Visits to the Dial Report
11. Links from the Dial Report
If the Dial Report contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Dial Reports linked to the Dial Report, you do so entirely at your own risk and subject to the terms and conditions of use for such Dial Reports.
12. Geographic Restrictions
The owner of the Dial Report is based in the state of Indiana in the United States. We provide the Dial Report for use only by persons located in the United States. We make no claims that the Dial Report or any of its content is accessible or appropriate outside of the United States. Access to the Dial Report may not be legal by certain persons or in certain countries. If you access the Dial Report from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Dial Report will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE DIAL REPORT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIAL REPORT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY DIAL REPORT LINKED TO IT.
YOUR USE OF THE DIAL REPORT, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIAL REPORT IS AT YOUR OWN RISK. THE DIAL REPORT, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIAL REPORT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE DIAL REPORT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE DIAL REPORT, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIAL REPORT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE DIAL REPORT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIAL REPORT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIAL REPORT, ANY DIAL REPORT LINKED TO IT, ANY CONTENT ON THE DIAL REPORT OR SUCH OTHER DIAL REPORT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE DIAL REPORT OR SUCH OTHER DIAL REPORT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Governing Law and Jurisdiction
17. Limitation on Time to File Claims
18. Waiver and Severability
19. Entire Agreement
20. Your Comments and Concerns
The Dial Report is operated by TagStation, LLC, One EMMIS Plaza, 40 Monument Circle, Suite 700, Indianapolis, IN 46204.
All feedback, comments, requests for technical support, notices of copyright infringement and other communications relating to the Dial Report should be directed to the contact set forth below for this Dial Report.
21. Dial Report Definition and Contact Information: