Privacy Statement

PRIVACY STATEMENT

This statement informs you of TerraStar Media Group, Ltd. (TMG)’s practices with respect to the online collection, use, and disclosure of personal information from this TMG Website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests. TMG is the owner of this website and retains all ownership rights to the information collected at this site. TMG reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.

Personalization

Although you may use many features of this site without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as the VIP club and personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age). You must provide the information in order to receive the benefits of registration or of the special service. We may use the contact information you give us to better tailor your website experience to your interests, to request your opinions with respect to media and entertainment, and to send you information about TMG and its services as well as promotional material on behalf of some of our partners. We may use information that you provide to us to inform you of content on the web, radio and other methods of content delivery, in which you may be interested and to provide or display the content according to your preferences. We will also share this information within the TMG family in order to enhance your experiences with TMG. In addition, we may share this information with advertisers or other third parties that are not part of the TMG family on an aggregate or other basis that does not disclose your identity or contact information.

Online Surveys/Contests

From time to time, we may conduct online surveys and contests. These ask you for contact information (like name or email address) and demographic information (like zip code or age). We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary.

Supplemental Information

To enhance TMG’s ability to tailor this site to your preferences, we may combine information that you provide us on registration and other online sign-up forms with other information about you that we may obtain. We do not share that information with any other party.

Shopping/Commercial Services

This TMG site may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our site offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).

We will use the financial information that you provide to bill you for products and services. By giving our site your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.

We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.

Public Forums

This site may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Information Sharing With Third Parties

From time to time we may enter into a special relationship with another company that is not owned by TMG to provide additional features at this site. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity, such as a venue or ticket agent. You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner’s website for information regarding its privacy policies.

Also, the nature of some features of our site may require that we share personal information about you with persons or companies outside of the TMG family. For example, this may occur at a feature that enables you, via our site, to ask questions of persons or entities that are not part of the TMG family. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.

With respect to specific registration modules, like contests, we may disclose personal information collected, and we will post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties

Finally, we may share any of the information collected from you with these other non-TMG companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.

IP Address and Log Files

We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.

Cookies

This TMG site may use a standard technology called a “cookie” to collect information about how you use the site. Cookies reside on your computer and help our website to recognize your computer’s browser as a previous visitor. This information allows us to customize delivery of information. For example, our site may use cookies to save and remember registration information or preferences that you may have set while browsing the site, to keep track of your shopping cart, to ensure you don’t see the same ad content repeatedly, to deliver content specific to your interests, and to save your password so you don’t have to re-enter it each time you visit our site. We use cookies only to gather information as indicated in this policy. In addition, on occasion our site may also set a “session cookie” which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires.

Finally, we may also use an ad network provider to help present advertisements on this and other TMG Web sites. This ad network provider, like other advertising service vendors, uses cookies, web beacons, or similar technologies on the hard drive of your computer to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, and to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, the provider collects non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these ad network providers is subject to their own privacy policies, not ours. If you do not want the benefits of these advertising cookies, you may opt-out by sending an email directly to our company. However, if you do so you may not receive the full benefit from the use of our site.

Banner Advertising

We license ad-server software from another company to place banner advertising on our sites. All of the data provided and generated by the ad-server software remains in our possession and no data is transferred to the licensor of the software. This feature of our site may, on occasion, set “cookies” on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information as described in this statement.

Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to your website or other websites.
Google’s use of advertising cookies enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.
Users may opt out of personalized advertising by visiting Ads Settings. (Alternatively, you can direct users to opt out of a third-party vendor’s use of cookies for personalized advertising by visiting www.aboutads.info.)

Children’s Personal Information

Consistent with the Children’s Online Privacy Protection Act:
This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13.
In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.
In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.

Your Choices

This TMG site provides you the opportunity to opt-out of receiving email communications from us and our special relationship partners. To opt-out of receiving email communications, you may:

Send an email to TMG Support.

Please include the web address, call letters or station’s name. (Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general, to answer concerns regarding on-air programming, promotions or other non-web related issues.)

Access to Personal Information

TMG gives you the opportunity to modify or remove personal information that you have provided to us. You may do so by modifying your password-protected registered user information on our website.

Security of Your Personal Information

TMG employs reasonable security measures consistent with standard industry practice, for information collected through this website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our website. We also use internal protections to limit access to users’ personal information to only those employees who need the information to perform a specific job.

Sale or Merger

If this site is sold to, or merges with, another company not owned by TMG, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, TMG will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.

Legal Process

You should be aware that TMG may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.

Contacting the Website

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact TMG Online Support. Please include the web address, call letters or station’s name. Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.

General Information

This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Indiana, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or TMG brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this TMG Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in Marion County, Indiana . You agree to submit to the personal jurisdiction of the courts of the State of Indiana for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and TMG with respect to the use of this TMG Website and shall not be modified except in writing, signed by an authorized representative of TMG.

If you have any questions concerning this Agreement, you may send them by email to

golive@nuubeatradio.com.

European Union and Other Foreign Nations

This TMG website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. TMG makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.

COPYRIGHT & TRADEMARK NOTICE

Use of Intellectual Property

The TMG Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, TMG logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by TMG or by other parties that have provided rights thereto to TMG. You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this TMG Website, in whole or in part, without the express written permission of TMG. Other trademarks, service marks, product names and company names or logos appearing on this TMG Website that are not owned by TMG may not be used without express permission from their owners.

Copyright Infringement

TMG respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this TMG Website, you are granting permission to have this material posted on this TMG Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. TMG reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights TMG may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement here.

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By Email: golive@nuubeatradio.com

Pursuant to 17 U.S.C. ‘ 512(c), to be effective, the Notification must include the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TMG to locate the material. (iv) Information reasonably sufficient to permit TMG to contact the complaining party, such as an address, telephone number, and, if available, an email address. (v) 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, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

INTERACTIVE SERVICE ADDITIONAL TERMS

You may participate in the TMG Interactive Service by reading and agreeing to the Terms of Use Agreement and these Interactive Service Additional Terms, and by completing the registration form where one is provided. If you do not agree to abide by the Terms of Use Agreement and these Interactive Service Additional Terms, you may not participate in the TMG Interactive Service.

You agree that you will not:
Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the TMG Website, or any postings which advocate illegal activity.
Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
Deliver, or provide links to, any postings containing defamatory, false or libelous material.
Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
Use this TMG service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the TMG Website or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including by means uploading or transmitting to this Site or TMG’s servers any computer viruses, Trojan horses, worms, or other disabling or harmful software intended to damage, interfere with, intercept or monitor surreptitiously, or take over another computer.
Attempt to gain unauthorized access to this TMG Website, any related website, other accounts, computer system, or networks connected to this TMG Website, through hacking, password mining, or any other means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this TMG Website, including harvesting or otherwise collecting information about others such as email addresses.

You are solely responsible and liable for postings delivered to the TMG Website using your account. Any violation of these provisions can subject your TMG account to immediate termination and, possibly, further legal action.

TMG does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a TMG interactive website by you or other users. TMG is not obligated to and does not regularly review, monitor, delete, or edit postings. However, TMG reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. TMG is not responsible or liable for damages of any kind arising from any postings even when TMG is advised of the possibility of such damages, or from TMG’s alteration or deletion of any posting.

The information and opinions expressed in postings on this TMG Website are not necessarily those of TMG or its content providers, advertisers, sponsors, affiliated or related entities, and TMG makes no representations or warranties regarding that information or those opinions. TMG does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

Unless otherwise provided, all postings to the TMG Website automatically and immediately become the property of TMG without any obligation of confidentiality. TMG shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that TMG does not retain exclusive ownership of any posting, then you hereby expressly grant to TMG a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.