ELIGIBILITY AND ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to www.ksevradio.com (the “Site,” “us” or “we”), the official website for Radio Station KSEV.
Unless specified otherwise on the Site, users must be at least 18 years or older and a legal resident of the United States before participation in any contest, sweepstakes or interactive activities. By your participation in our Site activities, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Site.
ksevradio.com may revise this Agreement at any time by updating this posting without notice to you. Such revisions are effective to you as a user of this Site immediately upon posting. You should visit this page periodically to review the Agreement, because they are binding on you. The terms “you” and “user” as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason.
COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS
The contents of this Site, including all software, design, text, graphics, artwork, images, photographs, audio clips, video clips, and other material, including the selection and arrangements thereof, copyrights, trademarks, service marks and trade names (the “Material”), are the property of Houston Broadcasting and/or its subsidiaries, affiliates, assigns, licensors, the Site’s design, hosting, programming and contest management/prize fulfillment vendors (collectively “operational service providers”) and/or the Site’s advertisers, sponsors, and promotional partners (collectively “Advertisers”). The Material is protected, without limitation, pursuant to United States and foreign copyright, trademark and other applicable laws. Unauthorized use of the Material may violate such laws.
You understand, acknowledge and agree that the Site hereby grants you a limited personal, non-exclusive, non-assignable and non-transferable license that authorizes you to use and display the Material, provided that you retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you may make of the Material. You further agree that you will not, in whole or in part, sell, lease, rent, exchange, reproduce, archive, modify, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, or circulate to any third party or on any third party website, or otherwise use the Material in any way for any public or commercial purpose without the express approval from Houston Broadcasting. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
Access to the Materials may not be lawful by certain persons or in certain countries. You also understand, acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Without the prior written permission of Houston Broadcasting, you agree not to display or use in any manner, the Station or the Site’s trademarks, including without limitation, KSEV Radio. and station names and call letters, domain names, slogans, and contest and program names.
Notwithstanding any statement to the contrary in this Agreement, you will not use or attempt to use, and shall cause each other party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, avatars or intelligent agents) to navigate or search the Site other than (a) the search engine and search agents available from the Site and (b) generally available third party web browsers (e.g., Netscape Navigator or Microsoft Internet Explorer).
COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS
As stated above, we prohibit the posting of any information that violates or infringes the copyright rights of any person or entity. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you must provide our DMCA Copyright Agent with a written notification. To be effective, the notification must contain the following information in accordance with the Digital Millennium Copyright Act:
1. An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the notification.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site.
3. Identification of the copyrighted work claimed to have been infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party, such as the party’s name, address and daytime telephone number, and an e-mail address, if available.
5. A statement that the complaining party has a good faith belief that the use of the infringing copyrighted work is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement on this Site. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.
We will remove or disable access to any posted submission for which we have received a notice of claimed copyright infringement (or, more specifically, any notification in substantial conformance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.
This Site may provide users with the opportunity to submit, post and/or exchange information, data, text, software, music, photographs, graphics or artwork, video, audio, messages or other materials (“Postings”), whether publicly posted or privately transmitted. 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. Users may not: 1) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; 2) post material that reveals trade secrets, unless you own them or have the permission of the owner to do so; 3) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; 4) post material that is considered by the Site, in its sole judgment, to be obscene, indecent, defamatory, threatening, harassing, tortuous, abusive, hateful, embarrassing or harmful to another user or any other person or entity; 5) post a sexually-explicit image or statement; 6) post advertisements or solicitations of business; 7) post chain letters or pyramid schemes; or 8) post any incomplete, false, fraudulent or inaccurate biographical information or general information which is not your own information, or impersonate another person.
The Site does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of Postings by users and does not endorse any opinions, which may be expressed by any user. You further agree that any reliance on such Postings by other users will be at your own risk. We do not regularly review, screen or monitor the Site and we assume no obligation to do so and will not be liable or responsible to any user for performance or nonperformance of such material. If notified by a user of any Posting or communication which allegedly does not conform to this Agreement, we may, in our sole discretion, investigate the allegation and may thereafter determine, in our sole discretion, whether or not to remove or request the removal of the material. You understand, acknowledge and agree that we reserve the right to expel users and prevent their further access to the Site for violating this Agreement or any applicable law, and may remove communications which are considered to be, in our sole judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically or otherwise objectionable.
You also grant the Site, its owner and operator, parent company(s), affiliates, successors and assigns, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, retransmit, translate, create derivative works from, distribute, communicate to the public, publicly perform or display such content (in whole or in part), and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as any rights exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license set forth in this agreement. You also permit any other user to access, display, view, store and reproduce such content for such user’s personal use. Subject to all of the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.
Any non-personal content you provide to the Site by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and we assume no obligation to protect such information from disclosure. You understand, acknowledge, and agree that the submission of such information shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by the Station, this Site and corporate affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such content without restriction.
CONTESTS, SWEEPSTAKES AND OTHER MEMBERSHIP ACTIVITIES
CHAT ROOMS, MESSAGE BOARDS AND OTHER PUBLIC AREAS
As an entertainment service to our users, this Site provides Public Areas that enable users to interact with other users, on-air talent and other Station personnel, and share commentary on a variety of subjects. A variety of subjects may be discussed via the Public Areas, however, use of such areas may only be for lawful and non-commercial purposes. The Site specifically prohibits certain uses and activities. You understand, acknowledge, and agree that by access or registration on Public Areas or any interactive area of the Site, you are prohibited from use of the Site for any of the purposes below in addition to the conduct listed in the User Conduct section of this Agreement:
1. Posting a profile for anything other than to participate in online discussion via the Public Area.
2. Sending a message to a user for any reason other than to participate in online discussions.
3. Deleting or revising any content or material posted by any other person or entity.
4. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting for any reason.
ADVERTISING AND OTHER THIRD PARTY CONTENT
This Site provides banner and general advertising, and other content provided by our Advertisers. You understand, acknowledge, and agree that such third party content on this Site is not an endorsement by the Station of the goods, services or messages conveyed in the content or the business practices (including the privacy policies) of such third party content providers. Users may from time to time enter into correspondence with or participation in the advertising or promotions offered through the Site. However, all such correspondence, including, without limitations, and resulting contractual agreements are solely between the Advertiser and the user. Your further agree that the Site is not responsible for upholding any applicable terms, conditions, representations of warranties made by Advertisers or other third parties in connection with an agreement between users, or the purchase of goods and services offered by Advertisers or other third parties.
HYPERLINKS TO THIRD PARTY WEBSITES
This Site often provides links to third party websites and other resources that could be of interest to our users, including the websites of our Advertisers. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by the Site or Station of the content, advertising or business practices (including the privacy policies) of such third party websites, whether the Station’s logo or sponsorship identification is on the third party website, or whether the Site conducts “framing,” which allows a user to access several web pages or websites while still viewing a header or border from this Site. These third party websites may have different privacy policies and business practices than we do. Therefore, we do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such websites. You further agree that the Site, its Owner and Operator, parent company(s), corporate affiliates, successors and assigns, and their respective officers, directors, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party sites. If you decide to access and use linked third party websites, you understand, acknowledge, and agree that you do so at your own risk.
SHOPPING & E-COMMERCE
This Site may offer various goods and services for sale (“Products”), or direct or link to other websites that sell goods and services. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through this Site.
If a Product sold on this Site is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debt card account has been charged (in which event we will issue a credit to your account in the amount of the charge).
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Our creation or transmission of an order confirmation does not signify final acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and are not for commercial resale. We do not accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site.
If an order consists of multiple items, they may be shipped separately depending on availability.
No changes to this Terms and Use Agreement shall be made except by a revised posting on this page and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to this Agreement, unless such an amendment, waiver or change is in writing from an authorized officer or representative of KSEV Radio.
The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.
If you have any questions regarding this Agreement, please contact the Site’s Privacy Administrator via email firstname.lastname@example.org