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Terms of Service

Your agreement to the Terms and Condition is a condition to the use of the site or the mobile app. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on this Website. By you continuing to use the Service following any such changes and modifications to these Terms and Conditions, you shall be agreeing to be bound by, and comply with, the Terms and Conditions, as so changed and modified.

Permissions

This station and Headwaters Media, LLC prohibits the use of copyrighted editorial content, graphics, video clips, sound recordings and photographs (the “Material”) located or found on this website, the Mobile App, or any other website owned, operated, licensed or controlled by Headwaters Media, LLC with respect to this station without Headwaters Media's prior written consent. If you wish to use any Material from this website or Mobile App, you must submit a written request to Headwaters Media who will consider, in its sole discretion, granting, upon request, permission provided that:

1. No audio content is altered or modified in any way;

2. Use of the Material is for non-commercial or personal use only, and any other use of the Material by third parties is strictly prohibited (violations of which will be enforced by Headwaters Media), unless expressly permitted in writing by Headwaters Media; and

3. No text, audio or graphical content is taken out of the original context. Permission may be granted by Headwaters Media on a case-by-case basis, in its sole discretion. Headwaters Media prohibits the reposting of all or any portion or any aspect of the Material, including editorial, graphics, layout, and code, on other websites, except pursuant to a specific licensing agreement on terms acceptable to Headwaters Media. 

Trademarks

This station and Headwaters Media logos are registered trademarks of Headwaters Media, LLC. The “look and feel” of this website and the Mobile App is a trademark of Headwaters Media. All other trademarks, product names, and company names or logos cited herein remain the property of their respective owners.

Jurisdiction

Unless otherwise specified, Headwaters Media presents the Materials on this website and the The Loon Mobile App solely for the purpose of promoting the artists, music, products, and information available in the United States, its territories, possessions, and protectorates. This website and the accompanying Mobile App are controlled and operated by Headwaters Media from its offices within the State of Minnesota, United States of America. Headwaters Media makes no representation or warranty that Materials on this Website and Mobile App are appropriate or available for use in other locations. Those who choose to access this site or Mobile App from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All disputes arising in connection with this Website, the Mobile App, or this agreement shall be governed by and construed and enforced in accordance with the law of the State of Minnesota, without regard to its conflicts of laws principles. By use of this Website or the Mobile App you unconditionally and irrevocably submit to the exclusive personal jurisdiction of the state and federal courts located in Minnesota with respect to any such dispute.

Disclaimer

HEADWATERS MEDIA IS PROVIDING THIS SITE AS WELL AS THE ASSOCIATED MOBILE APP AND THEIR CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AS WELL AS THE ASSOCIATED MOBILE APP OR THEIR CONTENTS. HEADWATERS MEDIA DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, HEADWATERS MEDIA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. FURTHER, HEADWATERS MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE MOBILE APP, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL HEADWATERS MEDIA OR ANY OF THEIR RESPECTIVE SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, EVEN IF HEADWATERS MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NONE OF HEADWATERS MEDIA OR ANY OF THEIR RESPECTIVE SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.