World Martial Arts Radio Network User Agreement

This is an Agreement between World Martial Arts Radio Network, Inc. and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually, "World Martial Arts Radio Network") and you, your representatives, assigns and licensees (hereinafter collectively referred to as "You"), pursuant to which You request and agree to, among other things, use the services available on the World Martial Arts Radio Network web service and website (collectively, the "Site"). You agree to read this Agreement carefully before using any of the services affiliated with the Site, and by using the Site and the affiliated Services (as that term is defined in World Martial Arts Radio Network's Terms of Use, which is incorporated by reference herein), You acknowledge and agree that You have read and shall abide by the terms and conditions set forth in this Agreement and in Action Star Radio's Terms of Use (the "Terms of Use").

1. Registration and Compliance with the Terms of Use

In order to (i) create or host programs featuring audio-based content (hereinafter referred to as "World Martial Arts Radio Network Programs" or "World Martial Arts Radio Network Programming") for transmission via the Site, (ii) utilize the messaging or "chat" systems available on the Site, or (iii) utilize any of the other Services available on or in connection with the Site, You must first register with World Martial Arts Radio Network and provide all information requested. You acknowledge and agree that your use of the Services as permitted is solely for personal, noncommercial purposes (other than commercial use as may be expressly permitted by BlogTalkRadio in a prior written agreement ), that You will not copy or distribute any part of the Services in any medium unless such copying or distribution is facilitated by World Martial Arts Radio Network or effectuated via use of Action Radio Network's mechanisms, and that You will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose and in accordance with this Agreement and the Terms of Use. You further confirm and represent that You have read and reviewed the Terms of Use and that You agree to be bound by the Terms of Use. To the extent that the Terms of Use conflict or are inconsistent with any terms and provisions set forth herein, the terms and provisions of this Agreement shall govern.

2. Charges and Payments

As of the date hereof, unless You have subscribed to World Martial Arts Radio Network's Premium/Personal Plus Services (as defined in the Terms of Use, which subscription shall be effectuated via your agreement to World Martial Arts Radio Network's Premium/Personal Plus Services Agreement), Action Radio Network will not charge You or attempt to collect any fees for your non-commercial use of the basic Services affiliated with the Site. World Martial Arts Radio Network reserves the right, however, to change this policy at any time and to charge fees on a term basis for access to the Site and for your use of its basic Services. World Martial Arts Radio Network will notify You of any policy changes regarding fees, and the amounts to be charged for access to the Site and use of its basic Services, by posting such information on the Site. In addition, all terms and conditions regarding charges and payments (as set forth in Paragraph 8 herein) shall apply.

At World Martial Arts Radio Network's sole discretion, and as set forth in World Martial Arts Radio Network's Premium/Personal Plus Services Agreement, users of World Martial Arts Radio Network's Premium/Personal Plus Services may be charged fees associated with the use thereof. World Martial Arts Radio Network reserves the right to, in its sole discretion, increase such fees and/or change its Premium/Personal Plus Services upon the provision of seven (7) days' written notice to any user of such Premium or Personal Plus Services.

3. Transmission of Broadcast Programs

At this time, World Martial Arts Radio Network permits its users to set up host channels ("Host Channels") and create Broadcast Programs for transmission via Action Radio Network's proprietary live broadcasting technology. From time to time, World Martial Arts Radio Network may introduce other methods by which You may create Broadcast Blog Programs for transmission via the Site. You agree to comply with all of World Martial Arts Radio Network's Terms of Use, policies and rules, whether set forth in this Agreement, posted on the Site or provided toYou individually. These Terms of Use, policies and rules are subject to change from time to time at World Martial Arts Radio Network's sole discretion. You further agree to comply with the following additional rules and regulations, with respect to all Broadcast Programs created by you for transmission via the Site, including those transmitted in the form of World Martial Arts Radio Network's broadcasting tools and any other methods currently used or introduced by World Martial Arts Radio Network in the future:

Any Broadcast Programs relayed by You to World Martial Arts Radio Network from a web site or other source owned and operated not by You but by a third party ("Derived Programs") must be authorized by the owner(s) or licensees of the original programs from which such Broadcast Programs are derived. In the event You choose to create Derived Programs for transmission via the Site, You represent and warrant that You have obtained all authorization necessary to allow such Derived Programs to be transmitted to the public via the Site, including any necessary licenses required under the Digital Millennium Copyright Act (the "DMCA"), United States Copyright Law, and any other applicable copyright laws.

Software for use of the Site and transmitting Broadcast Programs will be made available to You upon your acceptance of the terms and provisions of this Agreement and the Terms of Use and upon logging onto the Site. Your use of such software shall be subject to the terms and conditions of this Agreement and the Terms of Use.

With respect to your archiving of Broadcast Programs on the Site, World Martial Arts Radio Network shall provide You with storage space on World Martial Arts Radio Network's servers at its sole discretion. Depending on the then-existing storage policies of World Martial Arts Radio Network, which will be specified on the Site, such storage space may be made available with or without the imposition of fees. You agree not to exceed whatever storage space, if any, that may be allotted to you by World Martial Arts Radio Network, which storage space may be modified by World Martial Arts Radio Network at any time in its sole discretion, subject only to other express terms posted on the Site or specified elsewhere in this Agreement.

You agree not to post, upload, transmit to, or cause to be broadcasted via the Site or to World Martial Arts Radio Network's servers, through data upload or broadcasting of audio content, any sound recordings, communications, text, graphics or other information (collectively, "Material") that: is obscene, indecent, offensive, libelous, pornographic, hateful, racially or ethnically offensive, defamatory, unreasonably violent, threatening, intimidating or harassing; contains falsehoods or misrepresentations that could damage World Martial Arts Radio Network or any other person contains any viruses, Trojan horses, worms, or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; advocates or encourages any illegal activity; infringes on the intellectual property or other legal rights of World Martial Arts Radio Network or others; violates the privacy of others, including other users of the Site, or impersonates another person; gives rise to any civil liability or violates any applicable law, regulation, treaty or tariff; or violates the acceptable use policies of any networks, machines, or Services which are accessed through World Martial Arts Radio Network's network.

World Martial Arts Radio Network, in its sole discretion, shall determine your compliance with the foregoing prohibitions set forth in this subparagraph d, and reserves the right to delete from the Site without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason or to take any other action with respect to your Broadcast Programs, or any other material posted by you on the Site.

The content on the Site, except material submitted by users of the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "BlogTalkRadio Material"), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Action Radio Network, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Without limiting the generality of the foregoing, You are not permitted to use the Marks in connection with "spam" email messages or newsgroup postings. For the purposes of these Terms of Use, "spam" has the meaning generally understood among Internet users, and includes without limitation "unsolicited electronic mail advertisements". World Martial Arts Radio Network reserves all rights not expressly granted in and to the Site and the World Martial Arts Radio Network Material.

Your use of the Site may not impose an unreasonable or disproportionately large load (as determined by World Martial Arts Radio Network in light of the load imposed by other users generally) on World Martial Arts Radio Network's infrastructure. You may not use any "bot" or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from World Martial Arts Radio Network or any of its business partners. You may not attempt to gain unauthorized access to the World Martial Arts Radio Network infrastructure or to interfere or disrupt the service. Unless World Martial Arts Radio Network grants You prior written permission to do so, You may not use the service for any commercial purpose. You further agree not to solicit any users of the Site for commercial purposes.

You agree to comply with all laws and regulations applicable to your use of the Site and any materials you upload to, import onto or transmit via World Martial Arts Radio Network's servers.

You may not make available on any other website or in any other medium any Broadcast Programs generated by or transmitted via the Site or World Martial Arts Radio Network's servers; notwithstanding the foregoing, however, you may make Broadcast Programs that you have created available on web sites that are wholly owned and controlled by You. Any links directing users of the Site to the audio files associated with any Broadcast Programs must be links provided to You by World Martial Arts Radio Network; as such, direct linking/embedding of audio files by You is not allowed. World Martial Arts Radio Network reserves the right to protect its business and thus users of the Site who attempt to bypass the World Martial Arts Radio Network home page will have all of their content (audio, video, flash, images, etc.) removed from the Site at World Martial Arts Radio Network's sole discretion. Users who violate this regulation may also be blocked from recording, uploading or playing any further content across World Martial Arts Radio Network's network of sites. A conspicuous link back to http://www.worldmartialartsradio.com must be placed on any site on which any World Martial Arts Radio Network users embed images or the audio files associated with any Broadcast Programs. World Martial Arts Radio Network reserves the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system.

You will be exclusively responsible for the entire content of each Broadcast Program created or hosted by you or under your authority, including the content that You generate as well as any content contributed in any manner by any guest or caller.

4. License

With respect to your Broadcast Programs, you grant World Martial Arts Radio Network a royalty-free, non-exclusive, perpetual right and license throughout the world to transmit, perform publicly, display publicly, perform digitally, distribute and syndicate your Broadcast Programs in whole or in part, for any and all purposes, to the extent permitted by law, and the right to grant to third parties the right to do any or all of the foregoing. Without limiting the foregoing provisions of this paragraph 4, World Martial Arts Radio Network shall have a royalty-free, non-exclusive, perpetual right and license throughout the world to transmit and permit its end users, and other internet web site operators and their end users, to access your Broadcast Programs via the Site and any other web sites. World Martial Arts Radio Network shall not be liable for any unauthorized uses of your Broadcast Programs by end users or any other third parties.

5. Advertising and Revenue-Sharing Opportunities.

General Terms and Conditions. You acknowledge and agree that World Martial Arts Radio Network may:

(i) serve banner advertisements, audio advertisements and other forms of advertisements and promotions in connection with your Broadcast Programs or Host Channel;
(ii) derive sponsorship revenue, commissions, syndication fees, and other forms of revenue based on or in connection with your Broadcast Programs and/or Host Channel;
(iii) include your user name and descriptions of your Broadcast Programs and/or Host Channel in a directory on the Site and in promotions associated with the Site; and
(iv) in cases where your Broadcast Programs are performed via an audio player that has the ability to display visual material, display Action Radio Network visual material simultaneously with the delivery of your Broadcast Programs to the extent permitted by law.
You agree not to block, delete or otherwise interfere with Action Radio Network's ability to display advertising or sponsored content on, or related to, the Site and/or your Broadcast Programs. You agree that Action Radio Network has the right to place and conduct all advertisements, sponsorships and promotions in connection with your Broadcast Programs and/or Host Channel, and to collect all forms of commissions and other revenue associated therewith, without compensation to you of any kind, except as expressly provided below. The timing, frequency, placement and extent of advertising, sponsorships and promotions by Action Radio Network in connection with your Broadcast Programs and/or Host Channel is subject to change and shall be determined by

World Martial Arts Radio Network in its sole discretion. You acknowledge and agree that unless World Martial Arts Radio Network agrees otherwise in a prior written agreement, You may not incorporate any advertising, or conduct any other paid sponsorship or promotional activities of any kind or nature, in or in connection with your Broadcast Programs or Host Channel. In the event that You and World Martial Arts Radio Network enter into an agreement allowing you to secure sponsors and/or advertisers in connection with Your Broadcast Programs and/or Host Channel, You will be entitled to collect commissions and revenues in connection with such sponsors and/or advertisers as agreed to by all parties.

Advertisement Insertion. World Martial Arts Radio Network will display hyper-linked advertisements ("Ads") on in connection with the transmission of your Broadcast Programs, Host Channel and audio player, and/or will play audio advertisements before, during or after your live show, and/or will insert advertisements before, during or after your archived audio. Each time a user of the Site clicks on one of the Ads ("Ad Clicks"), or one of the Ads appears via a visual or audio impression served by Action Radio Network ("Ad Impressions"), as applicable, you will be eligible to earn money. You acknowledge and agree that World Martial Arts Radio Network may embed or serve with any audio content: (i) advertisement insertion software provided either by World Martial Arts Radio Network (the "World Martial Arts Radio Network Ad Insertion Software") or a third party; and (ii) third party and/or World Martial Arts Radio Network-provided hyper-linked Ads. World Martial Arts Radio Network uses the tag information and the World Martial Arts Radio Network Ad Insertion Software to track and measure Ad Clicks and Ad Impressions.

Implementation and Operation of Ads. All Ads served in connection with your Broadcast Programs, Host Channel or audio content shall be displayed to listeners of your live stream or archived audio files on the Site in standard formats as offered generally by World Martial Arts Radio Network from time to time.

Ownership.You expressly acknowledge and agree that World Martial Arts Radio Network or its licensees shall own all right, title and interest in and to the World Martial Arts Radio Network Ad Insertion Software and all related technology, services, algorithms, search engines and search indices, including, without limitation, all intellectual property rights therein, and that you will not acquire any right, title or interest in or to the World Martial Arts Radio Network Ad Insertion Software, except as expressly set forth in this Agreement. You will not create or attempt to create a substitute or similar service or product through use of or access to the World Martial Arts Radio Network Ad Insertion Software or confidential information related thereto. Communications Solely With World Martial Arts Radio Network. You will direct any communications relating to any third-party advertisements exclusively to World Martial Arts Radio Network and not to the advertisers. No other communications from advertisers or other third parties will be binding on World Martial Arts Radio Network or will otherwise affect this Agreement.

World Martial Arts Radio Network Revenue Sharing Program. Subject to your compliance with the terms and conditions of this Agreement, and your registration with and acknowledgment to World Martial Arts Radio Network that you wish to participate in the World Martial Arts Radio Network revenue share program, World Martial Arts Radio Network will pay you from thirty-five to fifty percent (35% to 50%), at World Martial Arts Radio Network's sole discretion, of the revenue World Martial Arts Radio Network receives from the applicable advertising sponsors or service providers, derived from valid Ad Clicks and Ad Impressions of the Ads displayed in connection with your Broadcast Programs, your Host Channel or audio player, less any third-party service fees, refunds or credits due to the advertising sponsors or service providers, merchant card fees, ad-serving fees, campaign referral fees, affiliate payments and other related expenses.

Payment Terms. Amounts You have earned pursuant to the terms of this Agreement under the World Martial Arts Radio Network Revenue Sharing Program will be determined solely by World Martial Arts Radio Network based upon data-regarding Ad Clicks, Ad Impressions, conversions and other applicable metrics collected by and/or supplied to World Martial Arts Radio Network. Payments earned as a result of valid Ad Clicks and Ad Impressions displayed in connection with your Broadcast Programs and/or Host Channel will accrue in United States currency and be posted to your World Martial Arts Radio Network account (the "Account"). Generally, accrued payments will be available for withdrawal or transfer:
(i) forty-five (45) days after the end of the month in which the applicable Ad Clicks and/or Ad Impressions have been processed (although World Martial Arts Radio Network will not be liable for damages resulting from any failure to post payments to an Account within such time period); and
(ii) when such accrued payments total at least twenty dollars ($20). You will not be entitled to receive interest on any payments made to your Account. Except as otherwise provided in paragraph 5.h below, payments will remain in your Account until: (a) You transfer such amounts to a PayPal account or other payment system acceptable to World Martial Arts Radio Network; (b) You direct World Martial Arts Radio Network in writing to distribute such payments to a designated World Martial Arts Radio Network account or other payment system acceptable to World Martial Arts Radio Network; or (c) World Martial Arts Radio Network exercises its options to terminate this Agreement under Section 7 below. If you dispute World Martial Arts Radio Network's calculation with respect to amounts owed to you, World Martial Arts Radio Network will use reasonable efforts to resolve that dispute in good faith, but World Martial Arts Radio Network's resolution will be final. You will be responsible for keeping your Account information current, and World Martial Arts Radio Network will have no liability for failure to hold or deliver payments that result from inaccurate Account information. You are responsible for and agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the World Martial Arts Radio Network Revenue Share Program.

World Martial Arts Radio Network may change its pricing and/or payment structure at any time. Exceptions. World Martial Arts Radio Network will have no obligation to pay any amounts, and is permitted to deduct any amounts posted to an Account, determined by World Martial Arts Radio Network in its sole discretion to have resulted from: (i) invalid Ad Clicks or Ad Impressions generated by any person, bot, automated program or similar device, as reasonably determined by World Martial Arts Radio Network, including, without limitation, through any clicks or impressions originating from your IP addresses or computers under your control, solicited by payment of money, false representation or request for end users to click on Ads, or Ad Clicks co-mingled with a significant number of invalid clicks; (b) content that breaches any term of this Agreement or the World Martial Arts Radio Network Terms of Use for any applicable pay period; or (c) fraudulent, misleading or false activities.

World Martial Arts Radio Network reserves the right to withhold or deduct payment, or suspend or otherwise disable your Account, pending World Martial Arts Radio Network's reasonable investigation of any of the foregoing or any breach of this Agreement by you, or in the event that an advertiser whose Ads are displayed in connection with your Content defaults on payment for such Ads to World Martial Arts Radio Network.

Placement of World Martial Arts Radio Network Widget and Player on Other Websites/Blogs. In order to participate in World Martial Arts Radio Network's Revenue Sharing Program, You agree to place on any web sites or blogs that are owned and/or controlled by You the World Martial Arts Radio Network player and/or widget.

6. Representations and Warranties

In addition to any other representations and warranties contained herein, You represent and warrant that:

You have full right and power to enter into and perform this Agreement, and have secured all third-party consents necessary to enter into this Agreement; All factual assertions that You have made and will make to World Martial Arts Radio Network are true and complete;
You are of the age of majority and have the full and complete right to agree to the terms contained in this Agreement; Neither your Broadcast Programs nor any parts thereof defame any third parties, constitute impermissible hate speech or otherwise violate any rights of free speech of any third parties; Neither your Broadcast Programs nor any parts thereof infringe upon the copyright or any other statutory or common-law intellectual property rights (including, without limitation, trademark, service mark, and trade name rights), proprietary rights (including without limitation trade secrets), or rights of privacy or publicity of any third party;

You own or have the necessary licenses, rights, consents, and permissions to use and to authorize World Martial Arts Radio Network to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Broadcast Programs and the content thereof to enable inclusion and use of the same in the manner contemplated by the Site and these Terms of Service; You have the written consent, release, and/or permission of each and every identifiable individual person included in the content of your Broadcast Programs to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the same in the manner contemplated by the Site and these Terms of Service; With respect to each musical recording uploaded by you to World Martial Arts Radio Network, either you own or control all rights in any such sound recording;
You understand that when using the Site, you will be exposed to Broadcast Programs and other content from a variety of sources, and that World Martial Arts Radio Network is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Broadcast Programs and the content thereof. You further understand and acknowledge that you may be exposed to Broadcast Programs and other content that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against World Martial Arts Radio Network with respect thereto, and agree to indemnify and hold World Martial Arts Radio Network, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

7. Termination

World Martial Arts Radio Network reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Without limiting the preceding sentence, World Martial Arts Radio Network may terminate your access to the Site immediately and without notice if: (a) you breach this Agreement; (b) you infringe the intellectual property rights of any third party in connection with your use of the Site; (c) World Martial Arts Radio Network is unable to verify or authenticate any information you provide to it; (d) any material uploaded or transmitted by you to or via the Site violates any applicable laws; or (e) you use any Services available on the Site for any improper purpose.

8. Refund and Cancellation Policy

In the event that World Martial Arts Radio Network modifies its existing fee policies, and fees for the Services are charged to You by World Martial Arts Radio Network on a monthly or other term basis, there will be no refunds for current, paid service after three (3) days of which service has been rendered in any given term. If You would like to cancel your service at the end of any given paid term, You must provide at least thirty (30) days prior written notice to World Martial Arts Radio Network or your service will automatically extend and you will be billed for an additional term of the same length as your previous term. Written notice of cancellation must be E-mailed to:

World Martial Arts Radio Network, Inc. admin@worldmartialartsradio.com . No refunds will be paid on current paid service, prepaid services, setup fees, upgrade fees, rush charges or change fees. You may request a refund in writing at the above address or by email to admin@worldmartialartsradio.com within three (3) days of purchase of any World Martial Arts Radio Network services. World Martial Arts Radio Network may choose, but is not obligated, to issue a refund on a case by case basis. World Martial Arts Radio Network may choose, but is not obligated, to offer prorated credits toward new service upon change or upgrade to existing pre-paid services.

9. Further Actions Necessary

You agree to sign such other and further documentation as may be required by World Martial Arts Radio Network in its sole discretion to effectuate the grant of rights and releases contemplated herein. You further agree, promptly upon the request of World Martial Arts Radio Network, to produce any and all documents and other evidence related to your rights to create your Broadcast Programs for transmission via the Site.

10. Adequacy of Consideration

You understand and agree that the consideration specifically recited in this Agreement is the complete and total consideration due to You from World Martial Arts Radio Network, and You shall not look to World Martial Arts Radio Network for any compensation or further consideration of any kind.

11. Assignment.

This Agreement may be assigned by World Martial Arts Radio Network. World Martial Arts Radio Network may, without your consent, assign this Agreement to (i) a parent, subsidiary, affiliate, division or corporation controlling, controlled by or under common control with World Martial Arts Radio Network; (ii) a successor corporation related to World Martial Arts Radio Network by merger consolidation, bankruptcy reorganization or government action; or (iii) a purchaser of substantially all of World Martial Arts Radio Network's assets. In the event that such assignment occurs, World Martial Arts Radio Network, its successors, or assigns may terminate this Agreement by giving immediate written notice to You. Notwithstanding such termination, the indemnities, warranties and representations set forth herein shall remain in full force and effect.

12. Choice of Law; Venue; Dispute Resolution

The interpretation and enforcement of this Agreement shall be governed by the laws of the State of New York, without recourse to its conflicts of laws principles. You and World Martial Arts Radio Network agree that any and all disputes arising out of or related to this Agreement shall be resolved solely through binding arbitration pursuant to the provisions of this paragraph 12 and the then-current rules of the American Arbitration Association (to the extent not inconsistent with this paragraph 12). Any arbitration arising out of or related to this Agreement shall be held in the Borough of Manhattan in the City and State of New York, before one independent arbitrator agreed upon by both parties. Any arbitration will be final and binding, and the arbitrator's order will be entered and enforceable in any court of competent jurisdiction. The arbitrator will be chosen within thirty (30) days of the date that any issue is submitted to arbitration (the "Submission Date"), discovery (if any) will be completed within sixty (60) days after the Submission Date, the arbitration hearing will occur within ninety (90) days after the Submission Date, and the arbitrator must render his or her decision, in writing, within thirty (30) days after the conclusion of the arbitration hearing.

13. Remedy

Your sole remedy for any breach of this Agreement by World Martial Arts Radio Network shall be the commencement of an arbitration proceeding for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of World Martial Arts Radio Network, or any breach of this Agreement by World Martial Arts Radio Network.

14. Entire Agreement

This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof, that are not merged herein, expressly referenced herein, or superseded hereby.

15. Independent Contractor

Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between You and World Martial Arts Radio Network.

16. Severability

The provisions of this Agreement are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of the parties as reflected in the original provision.

17. No Waiver

Any delay or failure on the part of Action Radio Network to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.

18. Indemnification

You indemnify and hold harmless World Martial Arts Radio Network, and the officers, directors, employees, partners, principals,agents and representatives of World Martial Arts Radio Network, from, against and in respect of any and all demands, claims, actions, causes of action, liabilities, losses and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your participation in or use of the Site or any of the websites, facilities, software, transmission capabilities, or Services of World Martial Arts Radio Network; (b) any breach by You of any covenant, representation or warranty made by you in this Agreement; (c) any claims that your Broadcast Programs or other use of the Site violates the intellectual property rights of any third parties, defames any third parties, constitutes impermissible hate speech or otherwise violates any rights of free speech or any other rights of any third parties; and (d) any portion of the content of any Broadcast Program created or hosted by You or under your authority, including the content that You generate as well as any content contributed in any manner by any guest or caller on any Broadcast Program created or hosted by you or under your authority. This defense and indemnification obligation will survive any termination of this Agreement and your use of the Site.

19. Survival

All provisions which must survive in order to give effect to their meaning shall survive any expiration or earlier termination of this Agreement, including, without limitation all of your representations, warranties and indemnification obligations.

20. Disclaimer of Warranties; Limitation of Liability

THE SERVICES, INFORMATION, CONTENT, AUDIO TRANSMISSIONS OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITE (COLLECTIVELY, "INFORMATION") ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WORLD MARTIAL ARTS RADIO NETWORK MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. WORLD MARTIAL ARTS RADIO NETWORK MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITE, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT WORLD MARTIAL ARTS RADIO NETWORK SHALL NOT BE LIABLE FOR CONTENT SUBMITTED BY USERS OF THE SITE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS SECTION 4, WORLD MARTIAL ARTS RADIO NETWORK SHALL HAVE NO LIABILITY FOR ANY LOSSES OR INJURIES, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, OR FOR ANY LOST PROFITS OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING, IN WHOLE OR IN PART, FROM:

World Martial Arts Radio Network's actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Site or the Services; any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; any decision made or action taken or not taken in reliance upon the Information furnished in connection with the Site, whether such Information is posted; your use of, or reliance on the Information, or from the use by You of the Internet generally; your use of, or the inability to use, the Services or the Site, even if World Martial Arts Radio Network, Inc has been advised of the possibility of such damages; any unauthorized access to or use of World Martial Arts Radio Network's servers and/or any and all personal information and/or financial information stored therein; and any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Site by any third party;

Notwithstanding any provision of these Terms of Use to the contrary, World Martial Arts Radio Network's total liability to you is limited to credit for services rendered.

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