Welcome to First Spin

Copyright Information
The information on this Web site is protected by law, including copyright law.

Legal Notices, Terms of Use and Privacy Policy Statement

References to “Firstspin” herein include Firstspin, Inc., its parent, affiliates and subsidiaries including but not limited to Firstspin, Inc.

Firstspin’s Web site, Firstspin.com (“Site”), provides users the ability to electronically deliver and access radio commercials, traffic and audio files (“Spots”) by enabling Spots to be uploaded and downloaded to the Site (which service, together with any enhancements, additions, deletions or other changes thereto, is referred to herein as the “Service”), shall be subject to these Term and Conditions.

THE FOLLOWING TERMS AND CONDITIONS (“TAC”) APPLIES TO ALL VISITORS TO OR USERS OF THE SITE BOTH NOW AND IN THE FUTURE. BY ACCESSING THIS SITE, OR USING THE SERVICE, THE USER ACKNOWLEDGES ACCEPTANCE OF THESE TERMS AND CONDITIONS. Firstspin RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME AT ITS SOLE DISCRETION WITHOUT NOTICE. IN THE CASE OF ANY VIOLATION OF THESE TERMS AND CONDITIONS, Firstspin RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY FOR SUCH VIOLATIONS.

FORWARD LOOKING STATEMENTS
This Site may contain "forward-looking statements." Although Firstspin believes any such statements are based on reasonable assumptions, there is no assurance that actual outcomes will not be materially different. Firstspin assumes no obligation to update those statements to reflect actual results, changes in assumptions and other factors. The forward-looking statements are subject to known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected.

COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS
All applicable federal, state and local laws govern user access to this Site. All information on the Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

All Firstspin products and publications are commercial in nature. Use, duplication, or disclosure by the United State Government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.

TRADEMARKS
Trademarks and service marks used by Firstspin are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.

COPYRIGHTS
Other than with respect to a Spot, Firstspin either owns, or has obtained permission of the owner to use, the intellectual property rights in the underlying HTML, text, audio clips, video clips, software, concepts, methodologies, processes and other content that is made available to you on the Site and are protected by Federal copyright and are protected under treaty provisions and worldwide copyright laws. Such materials contained in any part of Firstspin may not be reproduced, copied, edited, published, retransmitted or uploaded in any way without the written permission of Firstspin. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit any portion of, use of or access to the Service or any Spot.

Except as expressly stated in the Limited License provision in these Terms of Use, Firstspin does not grant any express or implied right to you under any of his trademarks, service marks, copyrights or other proprietary information. Note that any product, process or technology used on the Site may be the subject of other Intellectual Property rights reserved by Firstspin and are not licensed hereunder.
Certain portions of the Site are identified as being the subject of a specific copyright held by an entity other than Firstspin and, as such, may not be copied without the permission of the holder of the copyright.

By accepting this TAC, you grant Firstspin the world-wide, royalty-free and non-exclusive license to preview uploaded and make Spots available to third parties solely for the purpose of providing the Service.

AGE AND LEGAL ACCESS CERTIFICATION
By accessing the Firstspin Site, you certify that you are of legal age to enter into this agreement, that you are familiar with all local laws in your area affecting your legal right to access materials contained on this website, you certify that Firstspin has the legal right to transmit the material to you and that you are requesting to view, upload or download these materials voluntarily.
All registration particulars provided by you (“User Information”) in completing the registration procedure, whether by telephone, email or electronic form, shall be accurate, current and complete and you agree to maintain and promptly update User Information to keep it accurate, current and complete. If you provide, or Firstspin has reasonable grounds for suspecting that you are providing, any information that is inaccurate, not current or incomplete, Firstspin has the right to suspend or terminate your account and refuse any and all current or future use by you of all or part of the Service. Firstspin may disclose to third parties certain information contained in your User Information, provided that such information will not include personally identifying information, in the good faith belief that such action is reasonable and necessary.

You agree that should you obtain unauthorized access to a Spot on the Site, you will immediately email Firstspin at customerservice@firstspin.com or call Firstspin toll-free at 1-888-477-7746.

LIMITED LICENSE
Firstspin provides the materials on this site for the non-exclusive use by viewers, visitors, subscribers and/or potential subscribers of Firstspin’s services. Except as expressly prohibited on this Site, users of Firstspin are granted a limited license to view, download or print any of the documents made available for individual user access within the user accessible portions of this Site (such as FAQs, white papers, datasheets, audio files, etc.) for non-exclusive use.

This permission does not include permission to copy the design elements, look and feel, or layout of this Site. Those elements of the Site are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner.

SOFTWARE
Software which is made available to you via download is the copyright work of Firstspin, Firstspin's suppliers or third parties. The use of such software is governed by the terms and conditions of the end user license agreement that accompanies, or is included in the software, or as expressly stated on the Site pages accompanying the software. An end user cannot download or install the software without agreeing to the terms and conditions of the end user license agreement. Any use or reproduction of the software in violation of the end user license agreement is expressly prohibited and may result in civil and criminal liability.

ACCEPTABLE USE
By accessing this Site, you agree not to:

upload to the Site any Spot that you do not have a right to transmit under applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements),
upload to the Site any Spot that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable,
upload to the Site any Spot that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party,
enter any data that is libelous, defamatory or unlawful, or that violates or infringes any trademark, copyright or similar rights of others,
incorporate any data into any e-mail or other "white pages" products or services, whether browser based, based on proprietary client-side applications, Web based, or other,
remove, modify or alter any copyright or other proprietary notice, or trademarks from any of the materials found in any area of the Site,
modify any of the materials in any area of the Site,
otherwise transfer any material located in any area of the Site to any other person or entity,
quote materials out of their context
copy or distribute graphics separate from their accompanying text,
use any data obtained as part of a commercial product, service or content offering,
use any data obtained for solicitations, commercial or otherwise,
resell or otherwise redistribute any data obtained,
use the data in a manner which could be reasonably expected to offend any person for whom the data is relevant,
use any automated means, including spiders, robots, crawlers or the like to download data from the Site,
knowingly enter any data which is false or misleading,
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Spot transmitted through the Service,
upload to the Site any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation,
upload to the Site any material that contains software viruses, "worms", "trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment,
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service,
intentionally or unintentionally violate any applicable law.

Firstspin reserves the right to limit the amount of materials downloaded. Firstspin reserves the right to deny access to any user or group of users to the Site, at Firstspin’s sole discretion, at any time, and for any reason or no reason and terminate this license at any time if you breach or violate any provision of this TAC agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise obtained from this site. Firstspin reserves all other rights coincident or related to this site.

Firstspin does not claim ownership of Spots. Each Spot has been created by a party other than Firstspin and each Spot is the sole responsibility of the party from which such Spot originated. You acknowledge that Firstspin does not pre-screen Spots and that you shall evaluate and bear all risks associated with the use of any Spot, without limitation, including accuracy, completeness, or usefulness of such Spot. Firstspin has the right (but not the obligation) in its sole discretion to refuse access to or remove any Spot that is available on the Site.

As a result, you, and not Firstspin, are entirely responsible for, and liable in respect of, each Spot that you upload or download via the Service. Firstspin does not control the content of any Spot and, as such, does not guarantee the accuracy, completeness, integrity or quality of such Spot or endorse or approve of the content of such Spot or of any of the products or services advertised by such Spot.

Although Firstspin is unable to control third party content on this site, it is Firstspin's policy to prohibit visitors from posting infringing, defamatory, libelous or otherwise unlawful material, or any material deemed obscene, lewd, excessively violent, harassing or otherwise objectionable. You agree not to post such information and agree to indemnify Firstspin and its representatives for any claims or suits arising from your use of this site. Firstspin reserves the right to monitor and delete Spots deemed inconsistent with the policy described above. If you are aware of any such material posted on our site, please contact us at customerservice@firstspin.com. Please provide as much detail as possible, including a copy of the offending or infringing information or material, the location where we may find the offending or infringing information or material, the reasons(s) such postings should be removed and a statement, signed under penalty of perjury, certifying the accuracy of the information provided to us. To the extent any notice is based on an alleged copyright or trademark violation, please provide copies of applicable state or federal registration certificates.

You will display the following copyright notice on all documents or portions of documents and retain any other copyright and other proprietary notices on every copy you make of Firstspin's material:

COPYRIGHT NOTICE: Copyright © 2005 FIRSTSPIN Inc., FIRSTSPIN Inc. 44-01 21st Street, Long Island City, NY 11101

DISCLAIMER
Firstspin HAS PROVIDED THE INFORMATION CONTAINED ON THIS SITE IN GOOD FAITH AND HAS MADE REASONABLE EFFORTS TO MAKE THE INFORMATION AS ACCURATE AND UP-TO-DATE AS POSSIBLE. THE INFORMATION CONTAINED IN THIS SITE OR SOFTWARE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS SITE MAY BE CHANGED OR UPDATED FROM TIME TO TIME WITHOUT NOTICE.

THE MATERIALS ON Firstspin ARE PROVIDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. Firstspin OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. Firstspin DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS SITE. Firstspin MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE. Firstspin MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE.

Firstspin AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS AND PARTNERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, PROFITS, OPPORTUNITIES OR PROSPECTIVE ECONOMIC ADVANTAGES), HOWSOEVER CAUSED AND WHETHER OR NOT Firstspin HAS BEEN PREVIOUSLY ADVISED OF SUCH POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OF, INABILITY TO USE, OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF, THE SERVICE, (B) ANY UNAUTHORIZED ACCESS, COMPUTER VIRUSES, "WORMS", "TROJAN HORSES", OTHER LIMITING OR DISABLING CODES, DESIGNS, OR ROUTINES, OR OTHER ITEMS OR FORCES OF AN INTRUSIVE, DISRUPTIVE OR DESTRUCTIVE NATURE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY SPOT OR USER INFORMATION OR (D) ANY OTHER MATTER RELATING TO THE SERVICE OR A SPOT. ANY FOUND LIABILITY OF Firstspin AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS AND PARTNERS TO YOU OR ANY THIRD PARTY IN ANY OF THE FOREGOING CIRCUMSTANCES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Firstspin IN THE MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY AND (B) US$100.00.

Firstspin assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, or images from the Site.

You further agree to indemnify, defend, and hold Firstspin and its suppliers harmless from any and all liabilities, costs, expenses, including reasonable attorneys fees related to any violation of this TAC by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.

LINKS TO THIS SITE
You may establish a hypertext "link" to any portion of this site only after obtaining written permission from Firstspin allowing you to do so.

LINKS TO THIRD PARTY SITES
The sites linked to in this Site are not under the control of Firstspin and Firstspin is not responsible for and makes no representations or warranties concerning the contents of any linked site or any link contained in a linked site. Firstspin provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Firstspin of the linked site.

COMMUNICATIONS NOT PRIVATE
Firstspin does not provide any facility for sending or receiving private or confidential messages. All messages transmitted to Firstspin shall be deemed to be readily accessible to the general public. Notice is hereby given that all messages entered into or sent from the Service can and may be read by the operators of this service, regardless of whether or the operators are the intended recipients of such messages.

JURISDICTION AND VENUE
This site is controlled and operated by Firstspin and its representatives from their offices in Long Island City, New York, United States of America and Toronto, Ontario, Canada. They make no representation that the materials available on this site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. The provisions of this TAC are to be governed and construed by New York law. In the event of a dispute arising out of or relating to this Terms of Use, or your use of or access to this site, litigation must be brought in state or federal court in the City and County of New York, New York.

NOTICES
Notices by Firstspin to customers may be made via either email, telecopy, telephone, regular mail in accordance with your User Information or general posting on the site. Notices by customers to Firstspin shall be given by electronic means unless otherwise specified in the agreement. Please direct all questions, complaints, or notices to Firstspin by means of electronic message to customerservice@firstspin.com.

PRIVACY STATEMENT
Firstspin does not knowingly collect any personal information about persons under the age of 18.

What kind of information do you collect?
When you join the membership portion of our Site, you are asked to provide your name, e-mail, position, telephone number, preferred username and password. Additionally, we may ask you to provide your company name, address and e-mail. When users request pages from our server, our Web server automatically collects some information about the users, including their IP addresses. We may also collect information regarding your use of our site through the use of cookies. If you send us individual correspondence, such as emails or letters, we may collect such information into a file specific to you. We will maintain a record or notes of communications with you regarding your account.

Who sees my information?
We do not, and will not, distribute, rent or sell any personally identifiable information to third parties without your express consent.

How do you use my information?
The information requested on our site is primarily used to be able to reach you to provide the information you request and alert you to new Radio traffic and spot availability, to facilitate your viewing of our Site and to communicate with you. We also use this information to compile broad demographic and Site usage information about our users in general that does not contain anything that could be used to identify you personally.

We may use your IP address to help diagnose problems with our server, and to administer our Site. Your IP address also is used to gather broad demographic information about who is visiting our site.

Firstspin may use cookies to help manage online user logins and usage. These files enable Firstspin to recognize a unique user via your Web browser, which in turn enables us to learn which users visit our website. The cookie was placed by us. The information that we collect is not anonymous and is personally identifiable. It contains your login name. In order to opt out of this technology, do not check the "Remember Me" box on the login page.

Firstspin may use your e-mail address to send periodic e-mail newsletters and promotional e-mail to you about services and products offered by us. You will not receive any e-mail from us unless you have requested it and can indicate at any time that you do not wish to receive e-mail information from us. We do not provide your e-mail to third parties without your express consent.

How secure is my information?
Firstspin takes reasonable precautions to maintain the security of any information obtained from and about you. We maintain your personally identifiable information in a reasonably secure manner including storing such information behind firewalls.

How do I change my email address or request to stop receiving mail (opt-out)?
Our site provides users the opportunity to opt-out of receiving communications from our partners at the point where we request information about the visitor. Our site gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service. You can send email to: customerservice@firstspin.com

I’ve got more questions – can you help?
Firstspin recognizes the importance of protecting your privacy. If you have any questions about this Privacy Statement, the practices of this Site or your dealings with Firstspin, please contact us at customerservice@firstspin.com or by mail at Firstspin, 44-01 21 Street, LIC, NY 11101.