Terms Of Use

Update: September 2020

B87fm, B87fm.com, and 87.7 FM Boston, (“B87” or “we” or “us” or “our”) are pleased to provide you with its website, digital and social media (including our branded pages on third-party social media urban platforms), applications, content, and other services, surveys, sweepstakes, contests on websites and other digital urban platforms, or however else you may interact with us (collectively, the “Service(s)” or “B87fm Service(s)”). These Terms of Service (“Terms”) apply to all B87fm services that link to these Terms regardless of the urban platform or device used.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING B87FM DIGITAL SERVICES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE OUR SERVICES.

By accepting these Terms, and accessing our services, you are: (1) entering into a binding agreement with B87fm, (2) acknowledging that you agree to all of the terms in these Terms, and (3) certifying that you are over the age of majority in your jurisdiction. If you do not agree to these Terms, you are not authorized to use our services.  You understand that by using our services, you may be exposed to User Generated Content (as defined below) that is offensive, indecent, or objectionable. We may update and modify any portion of our services and/or the Terms at any time.

We reserve the right to discontinue any of our services at any time and we further reserve the right to charge for access to portions of our services, or to our services as a whole. To the extent we make any material changes to our Terms that may restrict your rights or limit your access to our services, we will provide prominent notice of such changes via the services you are using (either on the site or urban platform or via email or push notification).  Your use of our services after an update to the Terms constitutes your agreement to the updated Terms.

Acceptance Through Use. This website (the “Site”) is operated by B87fm(“Operator”). By using the site, you agree to be bound by all of the terms, conditions, and notices contained or referenced herein (collectively, the “Terms of Use”). You should review the Terms of Use from time to time. An operator may change any of the Terms of Use at any time by posting revisions to the Site. Your continued use of the Site constitutes your acceptance of the revised Terms of Use. If you do not agree to all of the Terms of Use, you must exit the Site immediately.

No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone age twelve or younger). Children should not use the Site or submit any information to Operator.

Links to Third Party Sites. The Site will contain links to websites operated by third parties. Such links do not constitute or imply an endorsement of the linked site. The linked sites may appear to be integrated into the Site but are not under Operator’s control. An operator is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before deciding to proceed to use that site. Notwithstanding the foregoing, by using the Site, you further agree to abide by and be bound by the YouTube Terms of Service.

Intellectual Property. You acknowledge that all content and materials available at the Site (collectively, the “Content”) are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and, as between Operator and you, are owned exclusively by Operator. Except where otherwise noted, you may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including, but not limited to, any copyright or trademark notices. You may only use the Site and the Content as expressly permitted herein and for no other purpose. Except as authorized by Operator in writing on a case-by-case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database, or directory without the written permission of the Operator is prohibited. Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks and may not be used without permission. The operator’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

User’s Grant of Limited License. By posting or submitting any content or other materials to the Site (collectively, the “User Content”), you grant Operator and its designees the right to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the User Content in any form, anywhere and for any purpose. In addition, you represent and warrant that you own or otherwise control all of the rights to the User Content and that the use of the User Content by the Operator and/or its designees as outlined in the preceding sentence will not infringe or violate the rights of any third party. Operator may monitor, edit, or delete the User Content as it appears on the Site at any time and for any or no reason without your permission.

Privacy.  Please review the Privacy Policy found at B87fm.com/privacy-policy.

Text Messages. By joining any B87fm-run subscription program or service, you authorize B87fm to send you auto-dialed marketing text messages at the mobile number provided by you. Such consent is not required by you for you to have the ability to purchase goods or services from B87fm.

Notice and Procedure for Making Claims of Copyright Infringement. Under federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please see the Notice and Take Down materials posted elsewhere at the Site.

Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE “SITE MATERIALS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE OPERATOR, OR ITS PARENT, SUBSIDIARIES, AFFILIATES, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE OPERATOR’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification. You agree to defend, indemnify, reimburse, and hold harmless the Released Parties from all liabilities, claims, and expenses, including, but not limited to, costs and attorneys’ fees, that arise in any way from your use of the Site or the Site Materials. Operator reserves the right, at its 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 the Operator in asserting any available defenses.

International Use. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site and/or using any of the Site Materials from any jurisdiction where such access and/or use is illegal is prohibited.

Choice of Law. This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively by the laws of the State of Massachusetts, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in Suffolk County, State of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts to litigate any such claim or action.

Integration and Severability. This Terms of Use constitutes the entire agreement between the Operator and you concerning the Site and supersedes all prior or contemporaneous communications and proposals with respect to the Site. If any provision hereof is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Unauthorized Use and Termination. You agree to use the Site only for authorized and legal activities. Operator reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.

Acceptable Use. The following rules are a condition of your use of and access to our services. You are solely responsible for the content of your communications via our services.

• No Interference. You may not interfere with any other user’s ability to use or enjoy our services.
• No Bullying. You may not use our services to threaten abuse, harass, or invade the privacy of any third party.
• Keep It 100. You may not impersonate any person or entity, nor falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity.  You may not register for an Account on behalf of or as an individual other than yourself.

Your Use Must Be Lawful and Appropriate. You may not upload, post, distribute, or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent, or otherwise inappropriate information of any kind, including, without limitation, any images or other material of a sexual or graphic nature.

Don’t Damage Services. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the service or its servers and infrastructures. You may not upload, post, or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of our services, nor may you attempt to obtain unauthorized access to our services or B87fm content or any data or other information of any third party.

No Unauthorized Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to services, B87fm content, or any information contained therein for any unlawful purpose. You also agree that you will not use any robot, spider, rover, scraper, other data mining technology, or automatic or manual process to monitor, cache, frame, mask, extract data from, copy, or distribute our services (including its source code or object code or any portion thereof) or B87fm content (except as it may be a result of a standard Internet browser or search engine).

No Commercial Use. You may not modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use our services or the B87fm content for any public or commercial purpose except as specifically permitted by these terms or B87fm without the prior written consent of B87fm.

No Collection of Personal Information from Other Users and No Commercial Use. You may use or collect information about other users of our services to transmit or facilitate the transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation.

No Criminal or Unlawful Conduct. You may not use our services, B87fm content, or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use our services in connection with any site or other use that contains or is associated with information or content prohibited by this section.

We reserve the right to take or refrain from taking, any steps available to us, including suspending or terminating your access to our services or seeking other legal or equitable remedies, if we become aware of a material violation of these provisions.

Any users located within the European Economic Area (“EEA”) are prohibited from using this Site. 

Contact Information. Questions concerning the Terms of Use or the Site should be directed to info@B87fm.com.