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The
following Statements apply to KDAV Renaissance Radio, KDAV Online,
its visitors and subscribers and concerns all Services and products
offered (now and in the future) by KDAV Renaissance Radio and
KDAV Online.
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| AGREEMENTS |
| By
using any of the KDAV Services, you agree to be legally bound and
to abide by the Terms of Services that are stated and that you are
of legal age to do so. In addition, you agree that information provided
to KDAV is accurate and truthful. |
| ACKNOWLEDGMENTS |
| As
an end user of KDAV Services, you agree to accept the responsibility
for all charges associated with connecting to the KDAV Services
through an available access number. You also agree to accept all
charges and responsibilities for obtaining or providing and installing
all access lines, telephone and computer equipment (including modem),
software, or other media necessary to use any KDAV Services. |
| SERVICES
TERMINATION |
Violations
of the Terms of Services will give KDAV the right to deactivate
or delete your account and all related information and files in
your account and/or bar any further access to such files or the
KDAV Online Services. KDAV Online shall not be liable to you (or
any third-party) for any termination of your access to the KDAV
Online Services due to such violations.
In addition, KDAV
Online reserves the sole right to terminate your association with
KDAV Online Services and/or to remove and discard any messages posted
on the KDAV Online Services for any reason, including (but not limited
to) nonpayment of amounts due or offensive postings on Message Board,
in Chat Room and in E-mail. |
| DISCLAIMERS |
By
using the KDAV Services, you may be exposed to objectionable comments
or material. KDAV can in no way be liable for your exposure nor
the effects of that exposure. KDAV assumes no responsibility for
any errors or omissions in your exposure to KDAV Services, nor for
any loss or damage incurred as a result of exposure to anything
transmitted via the KDAV Online Services and KDAV Renaissance Radio.
KDAV Online disclaims all warranties of any kind, including (but
not limited to) the implied warranties of products sold by advertisers
on KDAV. Any material obtained through the use of the KDAV Online
Services is done at your own risk unless otherwise specified. No
advice or information, obtained by you from KDAV personnel or through
the KDAV Online Services shall create any warranty of any kind.
KDAV Online will attempt to deliver the best product possible but
due to unforeseen situations, makes no warranty that the KDAV Online
Services will meet your requirements, that it will be uninterrupted,
timely, secure, or error-free, that the results obtained from the
use of the KDAV Online Services will be accurate or reliable, or
that the quality of any products, Services, information, or other
material obtained through the KDAV Online Services will meet your
expectations.
KDAV Renaissance Radio and KDAV Online reserves the right to discontinue
or change any aspect of the KDAV Online Services: including (but
not limited to) the times Services or programs are available, programming
and musical formats, disk jockey, the use or availability of chat
rooms and bulletin boards and their format and regulation, payment
and subscription fees, rates and other charges, availability of
Services, promotionals, incentive programs, membership programs,
sponsor programs, donations, advertising, web site linking, fan
sites, e-mail addresses, and transmission methods. |
| COPYRIGHT/TRADEMARKS |
| KDAV
Online Services contain proprietary information. All content is
copyrighted as a collective work and KDAV Online is the owner of
the presentation format of that content. The
KDAV Online name and logo shall not be used without KDAV Online's
expressed written consent. Trademarks appearing on the KDAV Online
Services that are not owned by KDAV Online are trademarks of their
respective owners. KDAV Online's partners may also have additional
proprietary rights. You may not transmit, copy, change, publish,
transfer or sell, create derivative works, or in any way exploit
KDAV, its programming, music or personnel without the direct written
consent of KDAV. |
| CHAT
AND MESSAGE BOARDS |
| You
are entirely responsible for what you post, e-mail or otherwise
transmit via the KDAV Online Services. KDAV Online does not control
everything posted via the KDAV Online Services and, as such, does
not guarantee the accuracy, integrity or quality of these posts.
By using the
Chat or Message Board area of KDAV Online Services, you agree
that you will not:
- transmit
any material that is unlawful, hateful, or objectionable;
- harass others;
- collect personal
information about other subscribers or users of KDAV Online
Services or KDAV Renaissance Radio;
- pretend to
be someone you are not, including (but not limited to) a KDAV
Online staff member or representative;
- transmit
any information that you don't have the right to send or that
infringes on the proprietary rights of any party;
- post, upload,
e-mail or transmit any unrequested or unauthorized solicitation;
- post, upload,
e-mail or transmit anything designed to interrupt, harm or limit
the operation any equipment or software;
- interfere
with or disrupt the KDAV Online Services or any of those servers
connected to the KDAV Online Services,
- violate any
applicable law.
In addition,
you agree that you will follow all requirements, procedures, policies
or regulations of the networks connected to and providing Services
for the KDAV Online Services.
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| SUBMISSIONS |
| Any
and all information you submit to KDAV Online, whether through the
web, e-mail or any other mechanism, shall be deemed, and shall remain,
the property of KDAV and may be used as KDAV sees fit. |
| LINKS |
| The
KDAV Online Services may provide external links. KDAV Online is
not responsible for the availability, content, format or operation
of any linked sites. |
| LIABILITY
LIMITS |
You
agree that KDAV Online shall not be liable for any damages, including
but not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses (even if KDAV Online has been advised
of the possibility of such damages), resulting from:
- The use or
the inability to use (or participate in) any KDAV Online Services;
- Costs resulting
from purchases or obtained on transactions entered into through
or from the KDAV Online Services;
- Unauthorized
access to or alteration of your transmissions or data;
- Statements
or conduct of any third party on the KDAV Online Services;
- Any advertisement
or promotion relating to the KDAV Online Services or
- Any other
matter relating to the KDAV Online Services
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| PRIVACY |
| We
will not sell or release to a third party any information concerning
your account without your expressed permission. All data collected
by us is for operational uses and to assist us in focusing and programming. |
| SECURITY |
| You
are responsible for maintaining the privacy of your password and
account and are responsible for all activities which occur under
your account. |
| INDEMNIFICATION |
| You
agree to indemnify, defend and hold harmless KDAV, its employees,
consultants and agents from any and all third party claims, liability,
damages and/or costs (including, but not limited to, attorneys fees)
arising from your use of the KDAV Services, your violation of the
terms of Services or your infringement, or infringement by any other
user of your account, of any intellectual property or other right
of any person or entity. You agree to immediately notify KDAV Online
of any unauthorized use of your account or any other breach of security
known to you. |
| MISCELLANEOUS |
| These
terms shall be in accordance with the laws of the State of Texas
and Lubbock County. You irrevocably agree that any legal actions
arising out of or relating to KDAV Online would need to be addressed
to courts located in Lubbock County. At the same time, KDAV retains
the right to bring proceedings as to the substance of the matter
in the courts of the country of your residence or the country of
your principal place of business. If any portion of these terms
shall be deemed unlawful, void, or unenforceable, that provision
shall not affect the validity or enforceability of the remaining
provisions. |
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