This is the official Terms of Use Agreement for B1027.com ("Site," "we," "us," or "our"), an Internet website offered in cooperation with KYBB Radio, a division of Results Radio/Cumulus Media, Inc. This Agreement governs only the content, features, and activities related to this Site and does not cover websites for any other portion of the company.

This Site is offered and made available only to users 13 years of age or older who reside in the United States of America. If you are not yet 13 years old, or do not reside in the United States, please discontinue using the Site immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least 13 years of age and meet any other eligibility and residency requirements of the Site.

These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and B1027.com and Results Radio / Cumulus Media. In this Agreement, the term "Site" includes all websites and web pages within B1027.com as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge, and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms"). The Site may also provide rules of participation ("Rules") for certain activities and services including, but not without limitation, contests and sweepstakes, award programs, membership clubs, email, etc. The Site's Additional Terms, Privacy Policy, and the Rules are hereby incorporated in this Agreement by reference. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.

The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.

We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.

We reserve the right, at any time and from time to time, for any reason, at our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and we may e-mail you about these changes. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of the Results Radio / Cumulus Media, and their subsidiaries, affiliates, licensors, suppliers, operational service providers, advertisers, promotional partners, or sponsors and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable, and limited personal use and for no other purposes. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print, or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any other party or otherwise use, any content without the express prior written consent of B1027- or its owner if B1027- is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws.

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions.

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

• be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
• affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
• be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• violate any laws, regulations (including, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

E-commerce on the Site is brought to you by various partners and providers, who we feel are responsible businesses. Any issues arising from a purchase from one of out partners or providers will be handled directly by that partner or provider. Each partner and provider will have their own policies and procedures and those will govern any purchases you make through them. B1027- will have no responsibility or liability whatsoever for goods or services you may obtain from or through these partners and providers, even if you were directed or linked to such a site or page through the Site, nor are we responsible for assisting you in correcting any problem you may experience with products.

Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or other users ("Post" or "Postings"). You understand, acknowledge, and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you, the user, and not this Site, are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, the B1027-, or Results Radio / Cumulus Media. We do not regularly monitor, endorse, edit, or screen any Postings, although we reserve the right to do so, nor shall we be liable for any Posting that is in violation of this Agreement. In no event shall the Site, B1027- or Results Radio / Cumulus Media have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on B1027.com.

If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the Site and B1027- to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant B1027- the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).

The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge, and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.

Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

From time to time, B1027-, or the Site's operational service providers, suppliers, and Advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests, and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

The Site provides newsfeeds and podcasts consisting of selected terxt and audio content from the Site that are provided over the Internet using an XML feed. The text and audio files may be downloaded to a user's personal computer or transferred to a portable listening device. Certain software and hardware is required for users to download and play B1027- Podcasts.

B1027- Newsfeeds and Podcasts are protected by United States Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the B1027- Newsfeeds and Podcasts are reserved to B1027- or the content provider. B1027- Newsfeeds and Podcasts Podcasts are available for personal, noncommercial use only and you may download, copy and/or transfer to a portable listening device or a computer the B1027- Newsfeeds and Podcasts for your personal, non-commercial use only. By your access to and use of B1027- Newsfeeds and Podcasts , you understand, acknowledge, and agree that B1027- does not warrant that its newsfeed and podcasting services will operate on all user equipment.

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, B1027-, Results Radio / Cumulus Media. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices, or any goods or services associated with or obtained in connection with any such site, whether the Site's, B1027-'s, or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability.

You may deactivate your account on the Site, at any time and for any reason, by logging into your personal profile page and making changes. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

This site, and all materials, products and postings are made available on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance the site will be available for use, or that all products, features, functions or operations will be available or perform as described. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site.

You understand, acknowledge, and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site. You understand and agree that, to the fullest extent permissible by law, this site, B1027-, Results Radio / Cumulus Media, or their respective successors and assigns, or any of their subsidiaries, affiliates, or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers, or suppliers, shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the site.

You agree to indemnify, defend and hold the Site, B1027-, Results Radio / Cumulus Media, or their subsidiaries, affiliates, successors and assigns, or any of their respective officers, directors, employees, agents, licensors, representatives, Advertisers, operational service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings. Results Radio / Cumulus Media reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Results Radio / Cumulus Media in the defense of any such claim, action, settlement or compromise negotiations, as requested by Results Radio / Cumulus Media.

This Privacy Policy is intended to explain our privacy practices and inform you as to The kinds of Personal Information we collect from users of the Site and how that information is collected;

How we use your Personal Information;

• The circumstances under which we disclose Personal Information to third parties;
• How you can access, update or delete any Personal Information collected about you by us; and
• The mechanisms we have implemented to protect your Personal Information.

We are committed to protecting our users' privacy. Keeping the Personal Information you share with us on the Site secure and ensuring your understanding of how we collect, use, disclose and maintain your Personal Information is important to us. We maintain reasonable physical, electronic and procedural safeguards to protect your information and while no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your Personal Information.

This Site is designed and targeted to U.S. audiences and is governed by and operated in accordance with the laws of the U.S. We make no representation that this Site is operated in accordance with the laws or governed by other nations. By your participation in our Site activities, you certify that you are at least 13 years of age and a resident of the U.S. If you are located in the European Union or elsewhere outside of the U.S. and you participate in activities on this Site contrary to our policy that only U.S. residents are eligible for certain activities, you do so at your own risk and initiative, and are responsible for compliance with any applicable local and national laws. Please be aware that any Personal Information you transfer to us will be transferred to the U.S and subject to U.S. law. By using this Site, participating in any Site activities, and/or providing us with your Personal Information, you consent to this transfer of Personal Information to the U.S., and waive any claims that may arise under your own local and national laws. All users of the Site are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.

Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management, and storage of your Personal Information as described below. We may from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from our corporate affiliates, marketing companies, or advertisers, promotional partners, and sponsors (collectively, "Advertisers"). This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of the Site or a participant in our features and activities.

Collection and Use of Personal Information: When we use the term "Personal Information" we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal Information also includes information about your personal preferences, survey responses and your transactions or relationship with us, if you have been a customer or you have provided this type of information.

We collect Personal Information about you when you visit the Site and input information, whether you are registering to use the Site, enrolling or signing up for features and functions, participating in promotions, ordering or purchasing Products or in the course of any other exchanges of information, transactions and activities. We may use the information we obtain from you, including Personal Information, to tailor your experience on the Site, to display content we think may be of interest to you, or to let us customize what you see when you visit the Site according to your preferences.

It is your responsibility to give us current, complete, truthful, and accurate information and to keep the Personal Information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us.

You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Site and for any use of the Site or any other activity or conduct in connection with the Site, by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party. Bear in mind that when you submit information to us, it does not guarantee that we will permit you to use any or all of the features or functions of the Site.

Collection of Personal Information During Registration. To register as a member of B1027.com, you are required to select a user name and password, plus email address, first and last name, gender, date of birth and zip code. Additional Personal Information requested during the registration process (but not required) may include, but is not limited to, cable/satellite provider, ethnic information, and annual income. We will allow you to change your password, as well as certain Personal Information or Sensitive Personal Information you have given us in order to keep this information current. Among other things, this information helps us securely identify you as a registered or permitted user of those features and functions. Certain Personal Information, such as your user name and date of birth, cannot be changed.

All member benefits are free. You will also have an option to subscribe to a selection of free email newsletters by opting in on the registration page. If you are a registered user, you acknowledge, understand, and hereby agree that you are giving us your consent to track your activities and your use of the Site and its functions and features, in connection with your registration. You also agree to this Terms of Use/Privacy Policy.

Collection of Personal Information During Registration or In Connection with Certain Features and Functions. During registration (and possibly at certain other times to enable your use of other features or functions or for security purposes), you will be required to provide us with certain information about you in order for us to allow you to use the features and functions of the Site, including chat rooms, message boards, electronic mail services, messaging services, auctions, shopping, registration and member profile pages.

Collection of Personal Information In Connection with Contests and Sweepstakes. Membership in B1027.com is not always required to enter contests and sweepstakes. There may be a separate registration process which will require the submission of your first and last name, street address, city, state and zip code, email address, telephone number and date of birth. Additional Personal Information may be requested depending on the specific contest or sweepstakes, but submission of such information may be optional. The contest or sweepstakes entry page will provide the specific requirements. You may also have the opportunity to opt-in to special promotions or offers from our generous Advertisers.

Use of Personal Information In Connection with Promotions and Offers; Opt Out Procedures. We may contact website users that have registered for or participated in various events by email or text messaging to promote B1027-, the Site, or send offers for the purchase of goods or services that may of interest to users of this Site. You may "opt out" of receiving marketing and promotional e-mails or text messages from us via your personal profile page on the B1027.com site and selecting "EDIT NEWSLETTERS" or by using the opt-out mechanism that is contained in an email or text message. However, we may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding the administration of your account, contests you have entered or other transactions you have undertaken. In the event that B1027- unknowingly sends an email or text message to a child (a person under the age of 13 years) who has registered on the Site in violation of this Terms of Use Agreement, the child or the child's parent or legal guardian always have the right to unsubscribe from receiving future emails or text messages via the unsubscribe (opt-out) mechanism contained in the email or message, or to request termination of the child's registration on the Site. The same is true for the parent or legal guardian of a minor (a person under the age of 18 years old).Sharing of Aggregate Information with Third Parties. Some of the aggregate customer data we collect may be shared with Advertisers and other business partners of the B1027- or Results Radio / cumulus Media, but we do not give any Personal Information to them as part of the relationship except as described in this Privacy Policy. Use of their tracking technology is subject to their own privacy policies.

Cookies and Similar Technology: We use 'cookie' technology to collect data regarding your visits to the Site. This data is stored in aggregate form and is not used to identify any particular user or individual. We use cookies and similar tracking technologies in a variety of ways, including:

Keeping count of your return visits to the Site or our Advertisers' or partners' sites;

Accumulating and reporting aggregate, statistical information in connection with the Site;

Determining which features users like best; and

Saving your user name, your password, or other information so you don't have to re-enter it each time you visit the Site.

 

Although we may track the numbers of visitors to inform us on how best to update the Site and enhance the experience for all visitors, Personal Information is not extracted in this process. We use tracking information on an aggregated basis to help us operate the Site, enhance and improve our service, improve the look of the Site and display advertising and marketing information.

This Site may contain advertisements, references, and links to other websites and organizations. We may also use third parties to display or serve advertising on the Site and our web-based newsletters. Often these third party Advertisers employ cookie and web bug technologies to measure advertising effectiveness. You should be aware that different rules might apply to the collection, use or disclosure of your information by third parties in connection with their advertisements, promotions and other websites you encounter on the Internet. The use of such technology by these third parties is within their control and not ours. Even if we have a relationship with the third party, we do not control those sites or their policies and practices regarding your information. This Privacy Policy does not cover any use of Personal Information or Sensitive Personal Information that a third party Advertiser or ad server may collect from you. We encourage you to investigate and ask questions directly of them in this regard.

Postings: We respect the privacy of the contents of users' e-mail and other correspondence (collectively, "Postings"). However, we reserve the right to monitor, edit, and disclose your use of the Site, information pertaining to any Posting or its contents to a third party, if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this Privacy Policy or our Terms of Use Agreement, or to protect the interests of our users, Advertisers, suppliers, operational service providers, and others.

Disclosure to Third Parties: We do not sell, rent, lease, or disclose your Personal Information to unaffiliated entities or entities that are not our Advertisers, except in the limited circumstances listed below. When we plan to disclose your Personal Information to Advertisers, we ask for your consent ("Opt in") to do so, in which case their use of your information is subject to the Advertisers' own privacy policies. The Site also offers co-branded services and features, which are events and promotions (for example, a contest) that we put together with another company ("Co-Branded Partner"). We will share your Personal Information with our Co-Branded Partner and your voluntary use and/or participation in a co-branded service or feature means that you have given your affirmative consent to both B1027- and our Co-Branded Partner to collect and use your Personal Information. If you wish to opt-out of a Co-Branded Partner's future use of your Personal Information, you will need to contact the Co-Branded Partner directly.

We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining services on the Site. These third parties are the specialists that provide internal support to operations and activities and/or for Site design, development, hosting and operations including maintenance, management, storage and/or fulfillment of our membership and e-mail clubs, various contests, sweepstakes, services, events and online stores. We use these third parties to efficiently provide the full range of content, activities and membership services we bring to you and we request that our operational service providers also protect your privacy and not disclose your Personal Information to third party marketers that are not associated with this Site or the B1027-. Additionally, such providers are not to use your Personal Information for their own marketing or promotional purposes.

We will make your Personal Information and Sensitive Personal Information available to non-affiliated third parties in the following limited circumstances:

• When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
• If we believe your actions violate any law, regulation, our Terms of Use Agreement, Additional Terms, Rules, this Privacy Policy, or any of our guidelines for promotions, Product offerings or any other features or functions of the Site, or if you threaten the rights, property or safety of the Site, the Parent Companies, or any of their operational service providers, suppliers, Advertisers, other customers or users, or any other party;
• If, in our sole discretion, we believe such disclosure to be necessary or appropriate to investigate or resolve possible problems or inquiries, to protect our business and assets, to defend our interests and/or to comply with our legal and regulatory obligations; or
• In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us, or Results Radio / Cumulus Media.

Security & Protection of Personal Information: We maintain reasonable standards of security and confidentiality. However, for most Internet sites, it is possible that third parties may unlawfully intercept or access transmissions or private communications over an unsecured transmission. We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information and any employee found violating our standards of security and confidentiality will be subject to our disciplinary processes.

Review, Update or Delete Your Personal Information: Generally, you may review, update or delete your Personal Information collected by this Site. You may also correct factual inaccuracies. However, Personal Information that is necessary to check eligibility, such as date of birth or age, cannot be deleted and can only be modified with sufficient verification of the correct information; certain Personal Information, such as email address, cannot be deleted but can be modified. Deletion of certain Personal Information, such as username, may result in suspension of your account. Personal Information collected for a contest or sweepstakes entry is subject to corporate and regulatory recordkeeping requirements and will not be deleted upon user's request unless the entrant is a child under the age of 13 years old. Parents (including legal guardians) of children that registered on the site in violation of this Terms of Use Agreement who wish to terminate their child's membership must provide verifiable identification that they are the parent of the membership-ineligible child. Children under the age of 13 that are unknowingly registered on the Site are in violation of our Terms of Use Agreement. We will not allow direct access to a user's account and Personal Information by any person without the account's user name and password.

We reserve the right to deny access of a user account or Site features or activities to any user if we believe there is a question about the identity of the person trying to access the account. And if the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.

14. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS

This Agreement, together with any Additional Terms, Rules, and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and B1027.com and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of South Dakota applicable to contracts made, executed and wholly performed in South Dakota, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of South Dakota and County of Minnehaha and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

This Terms of Use Agreement/Privacy Policy was last modified on February 10, 2006 and is effective immediately.