Terms and Conditions of Use
This web site, including all content and functions made available on http://toginet.com (the ""Site""), is published and maintained by subsidiaries, affiliates and/or related entities of TogiNet Radio, Inc. (“TogiNet Radio”) When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. By entering the Site you are complying with these Terms and Conditions of Use, and TogiNet Radio grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site. You agree not to affect/interrupt or attempt to affect/interrupt the operation of this Site in any way.
Any unauthorized use of the Content and proprietary logos, service marks and trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and certain civil and criminal statutes.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ""AS IS."" WITH REGARD TO THE CONTENT ON THIS SITE, TOGINET RADIO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, OR THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT OR HARM YOUR COMPUTER EQUIPMENT, SOFTWARE, OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES SHALL TOGINET RADIO BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE. ANY SITE USER THAT MISUSES OR ABUSES THE CONTENT FOUND ON THIS SITE OR REPRODUCES OR TRANSFERS ANY CONTENT FOUND ON THIS SITE TO ANOTHER SITE SHALL BE RESPONSIBLE FOR THE CONSEQUENCES OF SUCH ACTS. ANY SUCH OFFENDING PARTY HEREBY AGREES TO INDEMNIFY TOGINET RADIO FOR THE COSTS INCURRED BY THE COMPANY AND FOR ANY DAMAGES RELATED TO SUCH MISUSE OR ABUSE.
Furthermore, under no circumstances shall we be liable for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control including, but not limited to: Internet failures, computer equipment failures, telecommunication equipment failures (including, but not limited to: back hoe induced fiber failures; loss of connectivity from telecom providers; routing issues; denial of service attacks; and/or other causes of the system to fail to perform), other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, and/or loss of or fluctuations in heat, light, or air conditioning.
This Site may contain links to external sites which are not controlled by TogiNet Radio and as such we are not responsible for such content and make no representations or warranties regarding the accuracy or reliability of the information included in such content.
Host Opinions, Views and Comments
TogiNet Radio is proud to offer a place where show hosts can express opinions and views without any direct censorship. You're advised that comments made by hosts and callers are theirs exclusively and do not directly reflect the views of TogiNet Radio, it's parent and affiliated companies.
TogiNet Radio has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website: www.toginet.com.
We may also use, gather and store personally identifiable information about you when you enter personally identifiable information such as your full name, email address, date of birth, address, gender and phone number. For example, TogiNet Radio may use such personally identifiable information to contact you or send you information related to this Site or other digital content.
We use your IP address, resolution settings, browser information, platform type, and originating URLs to help diagnose problems with our server, measure usage, and to administer the Site.
TogiNet Radio may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with TogiNet Radio’s rights or property, other TogiNet Radio site users, or anyone else that could be harmed by such activities.
To the extent that any of our Sites accessible through the URL www.toginet.com have additional or different practices or policies, these practices will be explained at that Site.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
This site complies with COPA regulations and as such does not collect online contact information from children under the age of 13. If you are under 13, do not e-mail, contact the Site, ask us to e-mail you, or submit information to the Site. If you are under 16, you should ask your parents or a guardian before you e-mail the Site, or ask us to e-mail anything to you.
User Ethics and Submitted Content
Some areas of the Site allow for group discussion. You agree that when posting a message on the site in public and/or private via a forum and/or chatroom that such content will not be illegal, deceitful, or defamatory. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of the Site, you grant TogiNet Radio, our parent, affiliates, and distributors a royalty free right to use, copy, display, perform, distribute, adapt and promote this Content in any medium. You agree that we have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. Furthermore, you agree to hold us harmless for any content posted by other users.
Contacting Toginet Radio, Inc.
If you have any questions about this Site, you can contact:TogiNet Radio, Inc.
P.O. Box 9372Tyler, TX 75711 Phone: 903.787.5880