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If you disagree with any of the terms that follow, or do not
agree to be bound by all such terms, do not use this site.
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Last modified: June 22, 2009
RESTRICTION ON USE
By accessing and using this site you
accept without limitations or qualifications these terms of use,
just as if you had signed an agreement
containing the terms of use. Southwest Broadcasting, its parent, affiliated
companies, as well as their agents and assignees, as applicable,
reserves the rights in its sole discretion to modify, alter or
otherwise update these terms of use and you agree to be bound
by such modifications, alterations or updates. You agree to review
these terms of use on a periodic basis.
This site contains material which is derived in whole or in
part from material supplied by Southwest Broadcasting and other sources,
and is protected by U.S. and international copyright, trademark
and other applicable laws. No material (including but not limited
to the text, images, audio and/or video) and no code or software
(including but not limited to any images or files incorporated
in or generated by the software or data accompanying such software)
(individually and collectively the "materials") may
be copied, reproduced, republished, uploaded, posted, publicly
displayed, transmitted, or distributed in any way or decompiled,
reverse engineered or disassembled. You may download materials
from the site for your personal, non-commercial use only provided
you keep intact all copyright and other proprietary notices.
Modification of the materials or use of the materials for any
other purpose is a violation of Southwest Broadcasting's or such other
sources' copyright, trademark and other proprietary rights. The
materials are licensed to you by Southwest Broadcasting, but Southwest Broadcasting
does not transfer title to the materials to you. You own the
medium on which the materials are recorded, and Southwest Broadcasting
retains full and complete title to the materials, and all intellectual
property rights therein. You may not redistribute, sell, decompile,
reverse engineer, disassemble, or otherwise reduce the materials
to a human-perceivable form. The use of any such materials on
any other web site or networked computer environment is prohibited.
COPYRIGHT INFRINGEMENT CLAIMS
THE FOLLOWING INFORMATION IS PROVIDED
FOR NOTIFYING SOUTHWEST BROADCASTING THAT YOUR COPYRIGHTED
MATERIAL MAY HAVE BEEN INFRINGED:
To be effective, the notification email (prescott@kyca.info)
must include the following:
- A physical
or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
- Identification
of the copyrighted work claimed to have been infringed, or if
multiple copyrighted works at a single online site are covered
by a single notification, a list of such works at that site;
- Identification
of the material that is claimed to be infringing 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 Southwest Broadcasting to locate the material;
- Information
reasonably sufficient to permit Southwest Broadcasting to contact the complaining
party, such as an e-mail address at which the complaining party
may be contacted;
- A statement
that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law;
- 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 right that is allegedly
infringed.
Upon receipt
of e-mail Notification containing the information as outlined
in 1 through 6 above:
- Southwest Broadcasting shall remove or disable access to the material that is alleged
to be infringing;
- Southwest Broadcasting shall forward the email notification to such alleged infringer;
- Southwest Broadcasting shall take reasonable steps to promptly notify the alleged
infringer that it has removed or disabled access to the material.
LINKED SITES
Southwest Broadcasting makes no representation whatsoever regarding
the content of any other web sites which you may access from
this site. When you access a non-Southwest Broadcasting web site, please
understand that it is independent from Southwest Broadcasting and that
Southwest Broadcasting has no control over the content on that web site.
A link to a non-Southwest Broadcasting web site does not mean that Southwest
Broadcasting endorses or accepts any responsibility for the content or
use of such web site. Should any viewer of a document on this
web site respond to Southwest Broadcasting with information including feedback
data, such as questions, comments, suggestions, or the like regarding
the site, or the content of any item, such information shall
be deemed to be non-confidential and Southwest Broadcasting shall have
no obligation of any kind with respect to such information. In
addition, Southwest Broadcasting shall be free to reproduce, use, disclose,
display, exhibit, transmit, perform, create derivative works,
and distribute the information to others without limitation,
and to authorize others to do the same.
Further, Southwest Broadcasting shall be free to use any ideas, concepts,
know-how or techniques contained in such information for any
purpose whatsoever, including, but not limited to, developing,
manufacturing and marketing products and other items incorporating
such information. This paragraph is not intended to apply to
any personal information about you (such as name, mailing address
and e-mail address), the use of which will be governed by Southwest
Broadcasting Privacy Statement. In consideration of Southwest Broadcasting's continuing
efforts to enhance and improve these products and to respond
to feedback from users, you agree to transfer such ideas, concepts,
know-how and techniques to Southwest Broadcasting without any compensation.
You agree to execute any and all documents that Southwest Broadcasting
may reasonably request in connection with confirming Southwest Broadcasting's ownership of and unlimited right to use such ideas, concepts,
know-how and techniques. You are solely responsible for the content
of any comments you make.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
Your use and browsing of the site is at your own risk. If
you are dissatisfied with the site, any of the materials contained
in the site, or with any of these terms of use, your sole and
exclusive remedy is to discontinue accessing and using the site.
You agree to defend, indemnify and hold harmless Southwest Broadcasting,
its parent, affiliated companies, affiliates and their respective
directors, officers, employees and agents from and against any
and all claims, actions, suits or proceedings, as well as any
and all losses, liabilities, damages, costs and expenses (including
reasonable attorneys fees) arising out of or accruing from (a)
any materials posted or otherwise provided by you that infringes
any copyright, trademark, trade secret, trade dress, patent or
other intellectual property right of any person or defames any
person or violates their rights of publicity or privacy, (b)
any misrepresentation made by you in connection with your use
of the site or reliance by you on any materials contained on
the site; (c) any non-compliance by you of the terms of use of
this agreement; and (d) claims brought by persons or entities
other than the parties to this agreement arising from or related
to your access and use of the site, including the information
or materials obtained through the site.
To the fullest extent permissible pursuant to applicable law,
under no circumstances, including but not limited to negligence,
shall Southwest Broadcasting, its parent, affiliated companies, affiliates,
and their respective directors, officers, employees and agents,
or any other party involved in creating or producing, or delivering
this site be liable for any special, direct, incidental, consequential,
indirect or punitive damages arising out of your access to, use
of or inability to use, this site. Southwest Broadcasting is not responsible
or liable for any damages to, or infections or contamination
of your system, computer, equipment, or other property, or delays,
inaccuracies, errors, or omissions arising out of your use of
this site or with respect to the material contained on this site
whether the material is provided or otherwise supplied by Southwest
Broadcasting or anyone else. In no event shall Southwest Broadcasting's total liability
for all losses, damages, and causes of action (whether in contract,
tort [including but not limited to negligence] or otherwise)
exceed the amount paid by you, if any, for accessing this site.
This site and all materials contained in it are distributed and
transmitted "as is" without representations or warranties
of any kind, either express or implied, including, without limitation,
warranties of title or implied warranties of merchantability
or fitness for a particular purpose, or non-infringement. The
entire risk as to the quality, accuracy, adequacy, completeness,
correctness and validity of any material rests with you.
Additionally, this site may contain material which is for entertainment
purposes only and is not a depiction of fact, and shall not be
considered factual by you. Other than for entertainment purposes,
you acknowledge and agree not to rely on such material.
Southwest Broadcasting cannot ensure that you will be satisfied with
any products or services that may be advertised on this site or
that you may purchase from a third-party site that may be on,
or links to or from this site, since such merchandise may be owned
and operated by independent retailers. Southwest Broadcasting does not
endorse any of the merchandise, nor has Southwest Broadcasting taken any
steps to confirm the accuracy or reliability of, any of the information
contained in such advertisements or third-party sites. Southwest Broadcasating does not make any representations or warranties as to the
security of any information (including, without limitation, credit
card and other personal information) you might be requested to
give any third party, and you hereby irrevocably waive any claim
against Southwest Broadcasting, its parent, affiliated companies, affiliates
and their respective directors, officers, employees and agents
with respect to such sites. Southwest Broadcasting strongly encourages
you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with
any of these third parties.
All materials, without limitation, on this site speak as of
the original date of publication or filing. The fact that a document
is available on this site does not mean that the information
contained in such document has not been modified or superseded
by events or by a subsequent document or filing. Any forward-looking
statement reproduced on this site speaks as of the original date
the document containing such statement was published or filed
and should be read together with certain factors that could cause
actual future events or results to differ materially from anticipated
events or results. Southwest Broadcasting has no duty or policy to update
any information or statements contained on this site and, therefore,
such information or statements should not be relied upon as being
current as of the date you access this site. Moreover, any portion
of the materials available on this site may include technical
inaccuracies or typographical errors. Changes may be made from
time to time without notice to the materials available on this
site, software and to the products described on this site.
This site is controlled and operated by Southwest Broadcasting from
its offices in Arizona, the United States of America. Southwest Broadcasting
makes no representations or warranties that materials in
this site are appropriate or available for use in other locations.
Those who choose to access this site from other locations do
so at their own risk and are responsible for compliance with
any and all local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced
in accordance with the laws of the state of Arizona without giving
effect to any principles of conflicts of law. Any action you
bring to enforce this agreement or any matters related to this
site shall be brought in either the state or federal courts located
in Yavapai County, Arizona. If any provision of this agreement
is void or unenforceable in whole or in part, the remaining provisions
of this agreement shall not be affected thereby.
This agreement and any other posted operating rules constitutes
the entire agreement between the parties with respect to the
subject matter contained herein and supersedes all previous and
contemporaneous agreements, proposals and communications, written
or oral, between Southwest Broadcasting representatives and you. You may
not assign any of your rights, obligations or privileges hereunder
without the prior written consent of Southwest Broadcasting. Any other
assignment shall be null and void, ab initio. No waiver by either
party of any breach or default hereunder shall be deemed a waiver
of any subsequent breach or default. The titles used in this
agreement are used for convenience only and are not to be considered
in construing or interpreting this agreement.
TERMINATION
This agreement is effective until terminated by either party.
You may terminate this agreement at any time by destroying all
materials obtained from this site and all related documentation
and all copies and installations thereof, whether made under
the terms of this agreement or otherwise.
This agreement will terminate immediately without notice from
Southwest Broadcasting at Southwest Broadcasting's sole discretion for any reason
whatsoever. Southwest Broadcasting reserves the right to modify or discontinue
this site, or any portion thereof (including forums) without
notice to you or any third party.
Upon termination, you must destroy all materials obtained
from this site and all copies thereof, whether made under the
terms of this agreement or otherwise.
In the event of termination, you are no longer authorized
to access the forums. The restrictions imposed on you with respect
to materials downloaded from the forums and all disclaimers and
limitations of liabilities set forth in this agreement shall
survive.
PRIVACY STATEMENT
Southwest Broadcasting has created this privacy statement in order to
demonstrate our firm commitment to privacy. The following discloses
our information gathering and dissemination practices for this
web site: Southwest Broadcasting. We use your IP address to help diagnose
problems with our server, to administer our site, and to gather broad demographic information. We
use cookies to deliver content specific to your interests and
for other purposes. This site contains links to other sites.
Southwest Broadcasting is not responsible for the privacy practices or
the content of such sites. Our contests and online surveys ask visitors
for contact information (such as email address). We use contact
data from our surveys to send the user information about our
company and promotional material from some of our partners. The
customer's contact information is also used to contact the visitor
when necessary. Users may opt-out of receiving future mailings. This site makes chat
rooms, forums, message boards, and/or news groups available to
its users. Please remember that any information that is disclosed
in these areas becomes public information and you should exercise
caution when deciding to disclose your personal information.
This site has security measures in place to protect the loss,
misuse and alteration of the information under our control. This
site gives children the ability to publicly post or distribute
personally identifiable contact information without prior parental
consent. Our site provides users the opportunity to opt-out of
receiving communications from us and our partners at the point
where we request information about the visitor. This site gives
users the following options for removing their information from
our database to not receive future communications or to no longer
receive our service. You can visit the following URL: http://www.KYCA.info
This URL gives users options for changing and modifying information
previously provided. Contact prescott@kyca.info if you have
any questions about this privacy statement, the practices of
this site, or your dealings with this site.
PHOTO RELEASE
Once submitted, you are agreeing to a single-use photo release. By submitting the photo, you grant Southwest Broadcasting the right to publish the image only for the original intent as stated, for publication as a online submitted listener photo. As the photographer, you retain all rights and ownership to the photo.
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