**Effective Date: September 17, 2025**

## 1. Agreement to Terms

By downloading, installing, or using the Cool 94.1 FM mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you do not have permission to access the App.

The App is operated by Salisbury Community TV & Media Center ("we," "us," or "our"), a 501(c)(3) non-profit organization.

## 2. Description of Service

Cool 94.1 FM provides:

- Live streaming of WXBJ-LPFM radio broadcast

- Access to program schedules

- Beach camera viewing feature

- Related radio station information and features

## 3. Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

- Use the App in any way that violates any applicable federal, state, local, or international law or regulation

- Attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the App

- Use the App to transmit or distribute any viruses, worms, malicious code, or other harmful components

- Attempt to gain unauthorized access to the App or its related systems or networks

- Use the App for any commercial purposes without our express written consent

- Reverse engineer, decompile, or disassemble the App

- Remove, alter, or obscure any proprietary notices from the App

## 4. Intellectual Property Rights

### Our Content

The App and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, images, audio, and the design, selection, and arrangement thereof) are owned by Salisbury Community TV & Media Center, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

### Music and Broadcast Content

All music and broadcast content streamed through the App remains the property of the respective copyright holders. We broadcast this content under appropriate licenses from ASCAP, BMI, SESAC, and other licensing organizations.

### Limited License

You are granted a limited, non-exclusive, non-transferable, revocable license to download and use the App on your personal mobile device solely for your personal, non-commercial use.

## 5. User Responsibilities

You are responsible for:

- Maintaining the confidentiality of your device and App access

- All activities that occur through your use of the App

- Ensuring that your use of the App does not violate any applicable laws or regulations

- Any data charges incurred through streaming content

## 6. Privacy

Your use of the App is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the App and informs users of our data collection practices.

## 7. Disclaimers

### Service Availability

The App is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. We do not guarantee that:

- The App will be uninterrupted, timely, secure, or error-free

- The streaming service will always be available

- The information provided through the App will be accurate, reliable, or complete

### Content Disclaimer

While we strive to provide quality programming, we are not responsible for:

- The content of third-party advertisements or sponsorships

- External links that may be mentioned during broadcasts

- The accuracy of information provided by show hosts or guests

### Technical Issues

We are not responsible for:

- Network or internet connectivity issues

- Device compatibility problems

- Data usage charges from your mobile carrier

- Any loss of data resulting from use of the App

## 8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SALISBURY COMMUNITY TV & MEDIA CENTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE APP.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST SIX (6) MONTHS, OR ZERO DOLLARS ($0) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US.

## 9. Indemnification

You agree to defend, indemnify, and hold harmless Salisbury Community TV & Media Center and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App.

## 10. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by:

- Posting a notice in the App

- Updating the "Effective Date" at the top of these Terms

Your continued use of the App after any changes constitutes acceptance of the new Terms.

## 11. Modifications to the App

We reserve the right to:

- Modify or discontinue, temporarily or permanently, the App or any features or portions thereof without prior notice

- Add new features or functionality

- Change the streaming URL or technical infrastructure

You agree that we will not be liable for any modification, suspension, or discontinuance of the App or any part thereof.

## 12. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the App will immediately cease.

## 13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Wicomico County, Maryland, and you hereby consent to personal jurisdiction and venue therein.

## 14. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

## 15. Entire Agreement

These Terms constitute the entire agreement between you and Salisbury Community TV & Media Center regarding the use of the App, superseding any prior agreements between you and us relating to the App.

## 16. Waiver

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

## 17. Contact Information

For questions about these Terms of Service, please contact us at:

**Salisbury Community TV & Media Center**

Email: info@sctvmc.org

Website: https://www.sctvmc.org

Phone: (410) 543-4888

Address: 909 Progress Circle, Suite 100, Salisbury, MD 21804

## 18. Accessibility

We are committed to ensuring these Terms of Service are accessible to individuals with disabilities. If you need these terms in an alternative format, please contact us using the information above.

## 19. Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms where such failure results from any cause beyond our reasonable control, including, without limitation, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

## 20. Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign our rights under these Terms without your consent.

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*These Terms of Service were last updated on September 17, 2025*