AGREEMENT BETWEEN USER AND ALPHA BROADCASTING, LLC
This website ("This Website") is comprised of various web pages operated by Alpha Broadcasting, LLC. Alpha Broadcasting, LLC owns and operates KINK-FM (http://www.kink.fm), KXL-FM (http://www.kxl.com), KXTG-AM (http://www.750thegame.com), KUFO-AM (http://www.freedom970.com), KBFF-FM (http://www.live955.com), and KUPL-FM (http://www.kupl.com). This agreement applies to all websites owned and operated by Alpha Broadcasting, LLC.
This Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of This Website constitutes your agreement to all such terms, conditions, and notices.
Alpha Broadcasting, LLC reserves the right to change the terms, conditions, and notices under which This Website is offered.
LINKS TO THIRD PARTY SITES
This Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Alpha Broadcasting, LLC and Alpha Broadcasting, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Alpha Broadcasting, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. Alpha Broadcasting, LLC is providing these links to you on This Website only as a convenience, and the inclusion of any link does not imply endorsement by Alpha Broadcasting, LLC of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of This Website, you warrant to Alpha Broadcasting, LLC that you will not use This Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use This Website in any manner which could damage, disable, overburden, or impair This Website or interfere with any other party's use and enjoyment of This Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through This Website.
USE OF COMMUNICATION SERVICES
This Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Alpha Broadcasting, LLC has no obligation to monitor the Communication Services. However, Alpha Broadcasting, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Alpha Broadcasting, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Alpha Broadcasting, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Alpha Broadcasting, LLC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Alpha Broadcasting does not control or endorse the content, messages or information found in any Communication Service and, therefore, Alpha Broadcasting, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Alpha Broadcasting, LLC spokespersons, and their views do not necessarily reflect those of Alpha Broadcasting, LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ALPHA BROADCASTING, LLC OR POSTED AT ANY ALPHA BROADCASTING, LLC WEB SITE
Alpha Broadcasting, LLC does not claim ownership of the materials you provide to Alpha Broadcasting, LLC (including feedback and suggestions) or post, upload, input or submit to any Alpha Broadcasting, LLC website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Alpha Broadcasting, LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Alpha Broadcasting, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Alpha Broadcasting, LLC's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
PERSONALLY IDENTIFIABLE INFORMATION
You are not required to provide personal information to gain access to or browse This Website.
Alpha Broadcasting, LLC requires users of This Site to register personal information for participation in certain online promotions. Required personal information includes, but is not limited to, first name, last name, email address and telelphone number. We may also ask for additional information to assist us with our delivery of online content.
If you participate in any online contest through any above listed website, Alpha Broadcasting, LLC will require you to provide the above personal information plus any other contest-specific information.
If you send an email message to any Alpha Broadcasting, LLC employee or other email address listed on a website, you will automatically provide us with your electronic mail address, as well as any other personally identifiable information you include in the text of your message.
We collect and store from all visitors to our websites, whether they actively provide us with information or merely browse our website, the internet protocol (IP) address of the computer they are using, the browser software they use and their operating system, the date and time they access our website, the internet address of the website from which they linked directly to our website, and other similar information. We use this type of information to track website usage, to measure the number of visitors to the different sections of our website and to help us make our website more useful. Like most internet websites, we use "cookie" technology to obtain non-personal information from online visitors.
Some Alpha Broadcasting, LLC websites provide customized realtime traffic data for users through the services of NAVTEQ. A non-personal identification number is shared with NAVTEQ but no personal information is shared with NAVTEQ.
A "cookie" is a small text file that is sent to your web browser from a web server and stored on your computer's hard drive. Alpha Broadcasting, LLC uses "cookies" as a means of compiling information detailing the usage of our sites. These findings help us understand our users' needs so that we may improve your browsing experience. Generally, we may use "cookies" to:
Estimate the number of users of users on our sites
Quantify general usage of our sites
Track aggregate traffic patterns.
Assist in the personalization and general improvement of your experience at our websites
Personal information cannot be extracted by simply placing a "cookie" on an individual's computer. If you have submitted personal information to any Alpha Broadcasting, LLC website, then the aggregated data may be combined with some personal information for internal marketing and reporting purposes.
Even though most Web browsers accept "cookies", most browsers also give you the option to reject "cookies". Please note that if you set your browser to reject "cookies" you will still be able to visit any Alpha Broadcasting, LLC website but your browsing experience may be somewhat affected.
From time to time, we make our mailing list (names and email addresses only) and general interest information available to carefully screened companies whose products and/or services we believe will be of interest to you and whose privacy practices meet the Direct Marketing Association's privacy standards. We will not share any personal financial infomation.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALPHA BROADCASTING, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THIS WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ALPHA BROADCASTING, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALPHA BROADCASTING, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT: Natalie Williams
Alpha Broadcasting, LLC reserves the right, in its sole discretion, to terminate your access toThis Website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Multnomah County, Oregon, U.S.A. in all disputes arising out of or relating to the use of This Website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Alpha Broadcasting, LLC as a result of this agreement or use of This Website. Alpha Broadcasting, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Alpha Broadcasting, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of This Website or information provided to or gathered by Alpha Broadcasting, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Alpha Broadcasting, LLC with respect to This Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Alpha Broadcasting, LLC with respect to This Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of This Website are: Copyright 2011-2012 by Alpha Broadcasting, LLCand/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.