2008 Terms of Use
Star1330.com Terms of Use
Last Updated: 01/31/08
1. BINDING TERMS OF USE
Welcome to the www.star1330.com ("Site").
This Site is provided to you by KWLO-AM (“we,” “us” or the “Station”), a KXEL
BROADCASTING CO. INC. station. These Terms of Use constitute a binding legal
contract between you and us and sets forth the terms that govern your access to
the Site. PLEASE READ THESE TERMS OF USE CAREFULLY. BY VIEWING, BROWSING,
ACCESSING OR USING THIS SITE, THROUGH AUTOMATED PROCESSES OR OTHERWISE, YOU
AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. We reserve the right to modify
these Terms of Use in the future as we deem necessary. If we do modify these
Terms of Use, we will post the updated Terms of Use on this Site and change the
“Last Updated” date above to reflect the date of the changes. By continuing to
use the Site after we post any such changes, you accept the Terms of Use as
modified.
2. RIGHTS AND RESTRICTIONS RELATING TO OUR CONTENT
License Grant. We may provide via the Site information, data, text, images,
software and other materials created by us or our licensors or uploaded to the
Site by our advertisers, users and/or third party partners (the "Content"). The
Content available through this Site constitutes our property or the property of
our affiliates, advertisers, users, third party partners and/or licensors, and
is protected by state, national and international copyright, trademark and other
intellectual property laws. Unless otherwise specified, the Site is intended for
your personal, noncommercial use only. You may not modify, copy, reproduce,
republish, upload, post, transmit or distribute in any way any Content or
material, including code or software, from the Site. You may download material
from the Site and may use the Site for your personal, non-commercial use only,
provided you keep intact all copyright and other proprietary notices.
Associated Press Materials. Some of the Content on our Site may be provided by
the Associated Press. By using this Site you acknowledge that (1) Associated
Press text, photo, graphic, audio and/or video material will not be published,
broadcast, rewritten for broadcast or publication or redistributed directly or
indirectly in any medium, and (2) no Associated Press materials nor any portion
thereof may be stored in a computer except for personal and non-commercial use.
The Associated Press will not be held liable for any delays, inaccuracies,
errors or omissions in these materials or in the transmission or delivery of all
or any part of these materials or for any damages arising from any of the
foregoing.
Trademarks. The trademarks, service marks, product and service names, and other
corporate indicia of the Station and KXEL BROADCASTING CO. INC. (our “Marks")
are the property of KXEL BROADCASTING CO. INC. You agree not to display or use
in any manner any of our Marks without our prior written permission.
Linking and Framing. You may establish a hypertext link to this Site so long as
the link does not state or imply any sponsorship of or affiliation with your
site by us. However, you may not, without our prior written permission, frame
any of the content of the Site, or incorporate into another website or other
service any material, content or intellectual property belonging to us, our
parent or affiliate companies, or any of our or their licensors.
3. USER-SUBMITTED CONTENT / INTERACTIVE FEATURES
Responsibility for User-Submitted Content. Our Site may include public posting
areas and interactive features, such as bulletin boards, web logs, chat rooms,
forums and other community publishing areas that allow users to post content and
materials for display on the Site. You will be solely responsible for any and
all content and materials of whatever nature that you post on, transmit to or
link to from the Site.
Your License to Us. By submitting material to us, you represent that you are
the owner of the material, or are making your submission with the express
consent of the owner. By submitting material to any public posting areas of
this Site, such as any message boards, classifieds, forums, or community
publishing areas, you agree that we, including our partners, agents, affiliates
and service providers, may reproduce, modify, disclose and distribute such
material as we see fit in any medium and for any purpose. You grant us, and our
partners, agents, affiliates and service providers, the world-wide, royalty free
and non-exclusive license to reproduce, modify, disclose, distribute, adapt,
broadcast and publish such material on the Site. You also grant us the
royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable
right and license to use, reproduce, modify, disclose, adapt, publish,
broadcast, translate, create derivative works from, distribute, perform and
display such material (in whole or part), via the Site, or via the Station, or
otherwise, worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed. You also agree that we, including
our partners, agents, affiliates and service providers, may identify you as the
author of any of your postings by name, email address or screen name as we deem
appropriate. We also reserve the right (but assume no obligation) to delete,
move, or edit any postings that come to our attention that we consider
unacceptable or inappropriate, whether for legal or other reasons. You
understand that the technical processing and transmission of the Site, including
content submitted by you, may involve transmissions over various networks, and
may involve changes to the content to conform and adapt it to technical
requirements of connecting networks or devices. You will not receive any
compensation of any kind for any materials submitted by to a public posting or
interactive area of the Site.
Prohibited Acts. By using our Site, you agree that you will not submit, post or
otherwise make available on the Site any content or material that:
• is profane, sexually explicit, tortuous, vulgar, obscene, libelous, abusive,
or unlawful, or infringes the rights of others or interferes with the ability of
others to enjoy the Site;
• harasses, degrades, intimidates or is hateful toward an individual or group of
individuals on the basis of religion, gender, sexual orientation, race,
ethnicity, age, or disability;
• harms minors in any way;
• impersonates any person or entity, including, but not limited to, a Site
employee, forum moderator or another user, or that falsely states or otherwise
misrepresents your affiliation with a person or entity;
• includes personal or identifying information about another person without that
person's explicit consent;
• is false, deceptive, misleading, or deceitful;
• infringes any copyright, patent, trademark, trade secret or other proprietary
rights of any party;
• you do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
• constitutes or includes unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas that are designated for such
purpose;
• contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of the Site or any
computer software or hardware or telecommunications equipment;
• interferes with or disrupts the Site or servers or networks connected to the
Site, or disobeys any requirements, procedures, policies or regulations of
networks connected to the Site;
• intentionally or unintentionally violates any applicable local, state,
national or international law;
You further agree that you will not collect personal data about, or the email
addresses of, other Site users for commercial or unlawful purposes or for
purposes of sending unsolicited commercial email, repeatedly post the same or
similar content or otherwise impose an unreasonable or disproportionately large
load on our infrastructure, or take or cause to be taken any action that
disrupts the normal flow of postings and dialogue on the Site (such as
submitting an excessive number of postings), or that otherwise negatively
affects other users’ ability to use the Site.
General Restrictions. You acknowledge that we may establish general practices,
limits and restrictions concerning use of any public posting areas of our Site,
and the posting of content, information or materials by users of the Site.
These restrictions may include a limit on the number of days that message board
postings or other submitted content will be displayed on the Site and/or
retained by us, the maximum disk space that will be allotted on our servers on
your behalf, and the maximum number of times (and the maximum duration for
which) you may access the Site in a given period of time. We assume no
responsibility or liability for the deletion, corruption or loss of any content
or material submitted by you, or for our failure to receive or store submitted
content for any reason, including without limitation malfunctioning of any
network, hardware or software. We reserve the right to change these general
practices, limits and restrictions at any time, in our sole discretion, with or
without notice.
4. REGISTRATION TO ACCESS CERTAIN FEATURES
From time to time we may include on our Site features or services that can only
be accessed by registering with the Site. As part of such registration, we may
ask you to provide personally identifiable information, such as your name and
email address, and to create a username and/or password. If you register to use
any such feature(s) or service(s), you agree to provide true, accurate, current
and complete information about yourself on all Site registration form(s). Our
use of any personally identifiable information you provide to us as part of the
registration process is governed by the terms of our PRIVACY POLICY. You are
responsible for maintaining the confidentiality of any password(s) and account(s)
created by you in connection with a registration process on our Site, and are
responsible for all activities (whether by you or by others) that occur under
your password or account. You agree to notify us immediately of any unauthorized
use of your username, password or account or any other breach of security, and
to ensure that you exit from your account at the end of each session. We will
not be liable for any loss or damage arising from your failure to protect your
password or account information.
We also may offer contests, sweepstakes or other promotions on our Site, and may
offer you the opportunity to subscribe to email newsletters on topics that we
believe are of interest to our users. If you have opted to enter a contest,
sweepstakes or promotion, or have opted to receive a particular newsletter, the
entry, email and other information you submit via the Site will be governed by
the terms of our PRIVACY POLICY.
5. LINKS TO THIRD PARTY SITES
Our Site may include links to websites offered or maintained by third parties.
Linking to such third-party sites does not imply an endorsement or sponsorship
of such sites, or the information, products or services offered on or through
the sites. Because we have no control over such websites, you acknowledge and
agree that we are not responsible for the availability of such external
websites, and are not responsible or liable for any content, including, without
limitation, advertising, products, or other materials, on or available from such
sites. You further acknowledge and agree that we will not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content,
advertising, products, materials, goods or services available on or through any
such site(s). In addition, a third party may have privacy and data collection
practices that are different from ours, and we have no responsibility or
liability for these independent policies; we recommend that you read all
applicable policies of such third party website(s) before submitting any
personally identifying information.
6. E-COMMERCE TRANSACTIONS
This Site may (now or in the future) offer the ability to purchase one or more
products or services offered by us or by third parties. You agree to be
financially responsible for any purchases made by you or someone acting on your
behalf through the Site. You agree to only purchase goods or services for
yourself or for another person for whom you are legally permitted to do so.
When making a purchase for a third party that requires you to submit the third
party’s personal information to us or to a merchant, you represent that you have
obtained the express consent of such third party to provide such third party’s
personal information.
7. NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been
reproduced, posted or distributed via this Site in a manner that constitutes
copyright infringement, please inform our designated copyright agent by sending
written notice by U.S. Mail to Russell J. Schwartz, Senior Vice
President/General Counsel, Bahakel Communications, One Television Place,
Charlotte, NC 28232 or by email to RSchwartz@bahakel.com. Please include the
following information in your written notice: (1) a detailed description of the
copyrighted work that is allegedly infringed upon; (2) a description of the
location of the allegedly infringing material on the Site; (3) your contact
information, including your address, telephone number, and, if available, email
address; (4) a statement by you indicating that you have a good-faith belief
that the allegedly infringing use is not authorized by the copyright owner, its
agent, or the law; (5) a statement by you, made under penalty of perjury,
affirming that the information in your notice is accurate and that you are
authorized to act on the copyright owner’s behalf; and (6) 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 statement. Please
note that the contact information provided in this paragraph is for suspected
copyright infringement only. Contact information for other matters is provided
elsewhere in these Terms of Use or on the Site.
8. DISCLAIMERS
YOU EXPRESSLY AGREE TO ASSUME FULL RESPONSIBILITY FOR, AND ALL RISKS RELATED TO,
YOUR USE OF THIS SITE. WE MAKE NO WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER WITH RESPECT TO THIS SITE, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND TITLE AND NONINFRINGEMENT, WITH RESPECT TO THIS SITE AND ANY
INFORMATION OR CONTENT ON THIS SITE (INCLUDING THIRD PARTY INFORMATION).
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS SITE OR ANY OF ITS
FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WE LIKEWISE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THIS SITE OR
CONTENT OR INFORMATION ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR
CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. WE WILL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE
OF THIS SITE, OR OF ANY INFORMATION OR CONTENT ON THIS SITE (INCLUDING THIRD
PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS, TIMELINESS AND RELIABILITY OF ALL CONTENT ON THIS SITE. THIS
SITE, AND THE INFORMATION AND CONTENT ON THIS SITE, ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS.
You must provide, and are solely responsible for, all hardware and/or software
necessary to access the Service. You assume the entire cost of and
responsibility for any damage to, and all necessary maintenance, repair or
correction of, that hardware and/or software.
This Site is provided for informational purposes only and is not intended for
any other purposes. The Site should not be used in any high risk activities
where damage or injury to persons, property, environment, finances or business
may result if an error occurs.
9. LIMITATION OF LIABILITY
IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY CONTENT ON THIS SITE, OR WITH
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT
YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, WILL THE STATION OR ITS PARENT COMPANY OR
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
SITE, INCLUDING ANY MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS,
PRODUCTS, OR SERVICES, MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT IN NO
EVENT WILL THE STATION’S OR ITS PARENT COMPANY’S OR ANY OF ITS AFFILIATES’
AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN
CONTRACT, TORT, OR ANY OTHER THEORY) IN ANY WAY CONNECTED WITH THE SITE EXCEED
THE AMOUNT PAID BY YOU TO US, IF ANY, OR FIFTY DOLLARS (US $50) (WHICHEVER IS
LESS). (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, THE LIABILITY OF THE STATION AND ITS PARENT COMPANY AND AFFILIATES IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
10. INDEMNIFICATION
You understand and agree that you are personally responsible for your behavior
on this Site and for your use of the Content. You agree to indemnify and hold
this Site, the Station, KXEL BROADCASTING CO. INC., their respective
subsidiaries, affiliates, licensors and other partners, and the directors,
officers, agents and employees of each of the foregoing, harmless from any
liability of any nature arising out of or related to (i) your use of the Site
(including the Content), (ii) any violation by you of these Terms of Use, (iii)
any content or materials submitted to or displayed on the Site by you or by
others using your username, password or account (if applicable), or (iv) any
activity related to your user account (including negligent or wrongful conduct
by you or any other person accessing the Site through your user account), if
applicable.
11. TERMINATION
You agree that, in our sole discretion, we may cancel or terminate your right to
use this Site, or any part of the Site, at any time, and may remove and discard
any materials that you submit to the Site, without notice, for any reason
(including without limitation in the event we believe you have violated, or
acted inconsistently with the letter or spirit of, these Terms of Use). The
restrictions imposed on you with respect to material downloaded from the Site,
and the disclaimers and limitations of liabilities set forth in these Terms of
Use, will survive any such termination. You agree that we will not be liable to
you or any third-party for any termination of your password, account or use of
this Site, or any removal of any materials that you have submitted to the Site.
12. MISCELLANEOUS
These Terms of Use, together with our PRIVACY POLICY and any other terms and
conditions set forth on our Site applicable to a particular feature or service,
constitute the entire agreement between us and you with respect to the subject
matter contained herein, and supersede all previous and contemporaneous
agreements, proposals and communications, written oral. You also may be subject
to additional terms and conditions that may apply when you use the products or
services of a third party that are provided through the Site. In the event of
any conflict between any such third-party terms and conditions and these Terms
of Use, these Terms of Use will govern. These Terms of Use will be governed by
and construed in accordance with the laws of the state in which the Station is
located, without giving effect to any conflicts of law principles, and if any
proceedings arise out of these Terms of Use or your use of the Site, the venue
for such proceedings will be in a federal or state court in the county in which
the Station is located. If any provision of these Terms of Use is held to be
invalid, illegal or unenforceable by a court of competent jurisdiction, such
provision will be deemed severable from these Terms of Use and will not affect
the validity and enforceability of any other provision(s). You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of this Site, or these Terms of Use, must be
filed within one year after such claim or cause of action arose or be forever
barred, and you irrevocably waive any right you may have to a jury trial in any
such claim or cause of action.