Acceptance of Terms Through
Use
By using KPWR-FM's Web site, power106.fm (the "Site"),
you agree to be bound by all terms, conditions and notices contained
or referenced herein (the "Terms of Use"). We may change
the Terms of Use at any time by posting revisions to the Site, and
your continued use of the Site indicates your agreement to the revised
terms. Accordingly, we urge you to review the Terms of Use, and
if you do not agree to the terms of this or any revised policy,
please exit the site immediately.
Links to Third Party Sites KPWR-FM's site
contains links to sites operated by third parties. The linked
sites are not under our control, and we are not responsible for
the contents of any linked site or subsequent links from that
site. Please review the linked site's use agreements, and if you
do not agree to be bound by the terms governing that site, we
recommend that you terminate your visit to that site. We provide
links only as a courtesy to our users, and such links do not imply
our endorsement of any linked site.
You acknowledge that all content and materials available on this
site are protected by national and international copyrights, trademarks,
service marks, patents, patent registration rights, trade secrets,
know-how or other proprietary rights and laws and are owned by
KPWR-FM or our licensors. Except where otherwise noted, you may
download, print or view individual pages for noncommercial use,
provided you do not delete or change any of the information, including
copyright or trademark notices. You may only use the Site or its
contents as expressly permitted in this Terms of Use and for no
other purpose. KPWR-FM, our licensors or associates retain exclusive
ownership of all data, material and other information regarding
your use of the Site. Except as we may expressly authorize, you
agree not to sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt,
edit or create derivative works from the content or materials
on the Site. Systematic retrieval of data or other content from
the Site to create or compile, directly or indirectly, a collection,
compilation, database or directory without our written permission
is prohibited. Unless otherwise indicated, all logos, names, package
designs and marks on the Site are trademarks or service marks
or used under license by KPWR-FM. The use or misuse of any of
these materials is strictly prohibited.
By posting or submitting content to the Site, you grant KPWR-FM
and our affiliates and worldwide licensees the right to use, reproduce,
display, perform, adapt, modify, distribute and promote the content
in any form, anywhere and for any purpose. You also warrant and
represent that you own or otherwise control all of the rights
to the content and that our public posting and use of your content
will not infringe or violate the rights of any third party. KPWR-FM
retains the right to monitor, edit or otherwise change your posting
or other content submitted to the Site without your permission.
Copyright Policy and Procedure for Claims Pursuant to Title 17,
United States Code, Section 512(c), notifications of claimed copyright
infringement should be sent to our Designated Agent. If you believe
that your copyrighted work has been copied and is available on
the Site in a way that constitutes copyright infringement, please
refer to our Copywrite Policy.
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE
(THE "CONTENT") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
NEITHER KPWR-FM, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY
THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT;
THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL
ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS
OR RECOMMENDATIONS ON THE SITE.
UNDER NO CIRCUMSTANCES SHALL KPWR-FM, OUR SUBSIDIARIES OR OUR
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON
THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY
IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY
OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW.
You agree to defend, indemnify, and hold KPWR-FM, Emmis Communications
and our subsidiary and other affiliated companies, and their employees,
contractors, officers and directors harmless from all liabilities,
claims and expenses, including attorney's fees, that arise from
your use or misuse of the Site or the Content therein. We reserve
the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with us in asserting
any available defenses.
By choosing to access the Site from any location other than the
United States, you accept full responsibility for compliance with
all local laws that are applicable. KPWR-FM makes no representation
that materials on the Site are appropriate or available for use
in locations outside the United States, and accessing them from
territories where their contents are illegal is prohibited.
This Agreement shall, for all domestic and international purposes,
be governed, interpreted, construed and enforced solely and exclusively
in accordance with the laws of the State of Indiana, U.S.A., without
regard to conflicts of law provisions. You expressly agree that
the exclusive jurisdiction for any claim or action arising out
of or relating to these Terms of Use or your use of the Site shall
be filed only in the state or federal courts located in the State
of Indiana , and you further agree and submit to the exercise
of personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
This Terms of Use constitutes the entire agreement between KPWR-FM
and you with respect to the Site and supersedes all prior or contemporaneous
communications and proposals between us with respect to the Site.
If any provision of this Terms of Use agreement is determined
to be invalid or unenforceable, all other provisions shall remain
in full force and effect.
You agree to use the Site only for authorized and legal activities.
KPWR-FM reserves the right, in its our sole discretion, to terminate
your access to all or part of the Site, with or without notice
and for any reason whatsoever.
|
