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Terms of Use of Our Websites: khjradio.com and
93khj.fm
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Acceptance of
Terms Thank you for visiting the 93KHJ web site. Use of this web
site is subject to these Terms Of Use, which will ensure that this web site remains useful, fun, and safe for
everyone. 93KHJ reserves the right to change these Terms of Use at any time, and you agree that each visit you make
to this web site shall be subject to the Terms of Use posted on the web site at the time of your visit.
Personal and
Non-commercial Use Limitation The services on this web site are
intended for the personal, non-commercial use of persons 13 years of age and older. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products, or services obtained from this web site.
Privacy and Protection of Personal Information
See the Privacy Policy for information on the collection and use of your
information.
Notice Specific to
Documents Available on this Web Site Documents provided on this web
site, e.g. contest rules, etc., are for informational and non-commercial use only.
Member Account,
Password, and Security If any of the services on this web site
requires that you open an account, you must complete the registration process by providing current, complete, and
accurate information. If you are required to choose a password and user name, you will have the sole responsibility
for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any
and all activities that occur under your account. You agree to notify 93KHJ immediately of any unauthorized use of
your account or any other breach of security. 93KHJ will not be liable for any loss whatsoever that you may incur
as a result of someone else using your password or account, either with or without your knowledge. However, you
could be held liable for losses incurred by 93KHJ or another party due to someone else using your account or
password. You may not use anyone else's account at any time, without the permission of the account
holder.
No Unlawful or
Prohibited Use As a condition of your use of the services provided
by this web site, you will not use the services for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or
impair any 93KHJ server, or the network(s) connected to any 93KHJ server, or interfere with any other party's use
and enjoyment of any services. You may not attempt to gain unauthorized access to any services, other accounts,
computer systems, or networks connected to any 93KHJ server or to any of the services, through hacking, password
mining, or any other means. You may not obtain, or attempt to obtain, any materials or information through any
means not intentionally made available through the services provided on this web site.
Use of
Services The services on this web site may include e-mail services,
bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums,
file cabinets, and/or other messages or communication facilities designed to enable you to communicate with others
(collectively referred to as "Communication Services" or "Communication Service"). You agree to use these
Communication Services only to post, send, and receive messages and material that are proper, and, when applicable,
related to the particular Communication Service. By way of example, and not as a limitation, you agree to refrain
from doing any of the following:
� Use the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages, commercial or
otherwise.
� 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, obscene, indecent, or unlawful topic, name, material, or information.
� Upload, or otherwise make available, files that contain images, photographs,
software, or other material protected by intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or publicity), unless you own or control the
rights thereto or have received all necessary consent to do the same.
� Use of any material or information, including images or photographs, which are made
available through the Communication Services in any manner that infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party.
� Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may damage the operation of another's computer or
property of another.
� Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Services specifically allows such messages.
� Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such
manner.
� Falsify or delete any copyright management information, such as 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.
� Violate any applicable laws or regulations.
� Create a false identity for the purpose of misleading others.
� Use, download, or otherwise copy or provide, whether or not for a fee, to a person
or entity any directory of users of the services or other user or usage information or any portion
thereof.
93KHJ has no obligation to monitor the Communication Services. However, 93KHJ
reserves the right to review materials posted to the Communication Services and to remove any materials in its sole
discretion. 93KHJ reserves the right to terminate your access to any or all of the Communication Services at
any time, without notice, for any reason whatsoever.
93KHJ reserves the right at all times to disclose any information that 93KHJ
deems 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 93KHJ's sole
discretion.
Always use caution when giving out any personally identifiable information about
yourself or your children in any Communication Services. 93KHJ does not control or endorse the content, messages,
or information found in any Communication Services. Therefore, 93KHJ specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your participation in any Communication
Services. Managers and hosts are not authorized 93KHJ spokespersons, and their views do not necessarily
reflect those of 93KHJ.
Materials uploaded to the Communication Services 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 93KHJ or Posted at 93KHJ Web sites 93KHJ does not claim
ownership of the materials you provide to 93KHJ (including feedback and suggestions), or which you post, upload,
input, or submit to any services or its associated services for review by the general public, or by the members of
any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting,
uploading, inputting, providing, or submitting ("Posting") your Submission, you are granting to 93KHJ, its
affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation
of their Internet sites and/or businesses (including, without limitation, all 93KHJ Communication Services),
including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your
Submission; and the right to sublicense such rights to any supplier of the Communication Services.
No compensation will be paid with respect to the use of your Submission, as provided
herein. 93KHJ is under no obligation to post or use any Submission you may provide, and 93KHJ may remove any
Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in these Terms of Use including, without limitation, all the
rights necessary for you to provide, post, upload, input, or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a
Submission that contain images, photographs, pictures, or that are otherwise graphical, in whole or in part
("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright
owner of such Images has granted you permission to use such Images or any content and/or images contained in such
Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the
Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use,
and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set
forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public
display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private
community (for each such Images available to members of such private community), and/or (b) to the general public
(for each such Images available anywhere on the Services, other than a private community), permission to use your
Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way
of example, and not as a limitation, making prints and gift items which include such Images), and including,
without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate, and reformat your Images without having your name attached
to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in
the preceding sentences for Images will terminate at the time you completely remove such Images from the Services,
provided, however, that such termination shall not affect any licenses granted in connection with such Images prior
to the time you completely remove such Images. No compensation will be paid with respect to the use of your
Images.
Links to Third Party
Web sites Sites linked to this web site may not be under the
control of 93KHJ. 93KHJ is not responsible for the contents of any linked site, any link contained in a linked
site, or any changes or updates to such sites. 93KHJ is not responsible for webcasting or any other form of
transmission received from any linked site. 93KHJ is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by 93KHJ of the site.
Submissions Any communication or other material
submitted or posted to this web site will be considered non-confidential, and by posting or otherwise submitting
any communication or other material, you automatically grant 93KHJ a royalty-free, perpetual, irrevocable,
nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the
communication or material alone or as a part of other works in any form media or technology, whether now known or
hereafter developed, and to sublicense such rights through multiple tiers of sublicenses. 93KHJ is not responsible
for any material posted on our Forums.
93KHJ does not represent or guarantee the truthfulness, accuracy, and reliability of
any communications posted by other users. You acknowledge that any reliance on material posted by other users will
be at your own risk. 93KHJ might not screen communications in advance and is not responsible for screening or
monitoring material posted by users. 93KHJ reserves the right to remove any material that violates the above
conditions, is otherwise inappropriate, or does not positively contribute to the forum.
Contests From time to time, 93KHJ may conduct
contests. See the Official Contest Rules for the relevant contest for specific rules.
Export
Control The United States controls the export of products and
information. You agree to comply with such restrictions and not export or re-export any materials associated with
this web site to countries or persons prohibited under export control laws. By viewing or downloading any such
materials, you are agreeing that you are not in a country to which such export is prohibited or are a person or
entity to which such export is prohibited. You are responsible for compliance with the laws of your local
jurisdiction regarding the import, export, or re-export of any such materials.
Conflict of
Laws This site is controlled and operated by South Seas
Broadcasting, Inc. from its offices in the Territory of American Samoa, United States of America. 93KHJ makes
no representation that materials in this web site are appropriate or available for use in other locations. Those
who choose to access this site from other locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable. Access to this web site and the
materials associated with this web site may not be legal by certain persons or in certain countries. If you access
this web site from outside the United States, you do so at your own risk and are responsible for compliance with
the laws of your jurisdiction. This agreement shall be governed by, construed and enforced in accordance with the
laws of the Territory of American Samoa, without regard to conflict of law principles. Any action you, any third
party or 93KHJ bring to enforce this agreement or, in connection with, any matters related to this site shall
be brought only in the Territorial Courts located in the Territory of American Samoa, and you expressly consent to
the jurisdiction of said courts. If any provision of this agreement shall be invalid, void, or for any reason
unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity
and enforceability of any remaining provisions. This is the entire agreement between you and 93KHJ with respect to
the use of this web site and shall not be modified except in writing, signed by an authorized representative of
93KHJ. 93KHJ and its affiliated and related entities ("Please read these Terms of Use carefully before using
this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of
the below Terms of Use, do not use this site. 93KHJ and its affiliated and related entities ("93KHJ") reserves
the right, in its sole discretion, to modify, alter, or otherwise update these Terms of Use at any time and you
agree to be bound by such modifications, alterations or updates. You should read the full text of these Terms of
Use and visit this page periodically to review the Terms of Use, because they are binding on you.
Unsolicited Idea
Submission Policy Neither 93KHJ, nor any of its employees, accept
or consider unsolicited ideas, including ideas for new advertising campaigns, promotions, or marketing techniques.
Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy
is to avoid potential misunderstandings or disputes when 93KHJ's marketing strategies or services seem similar to
ideas submitted to 93KHJ. If you decide to send your ideas, 93KHJ makes no assurances whatsoever that such
information will be treated as confidential or proprietary.
Disclaimer
This web site and the materials associated with this web site are provided on an "as
is" basis without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to
applicable law, 93KHJ disclaims all warranties, express or implied, including, but not limited to, warranties of
merchantability, fitness for a particular purpose, and non-infringement of third parties' rights. 93KHJ does not
warrant that the web site will operate error-free or uninterrupted, that defects will be corrected, or that this
web site and/or its server will be free of viruses and/or other harmful components. 93KHJ does not warrant or make
any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials,
services, text, graphics, and or links associated with this web site. If your use of this web site or the
materials, services, text, graphics, and or links associated with this web site results in the need for servicing
or replacing equipment or data, 93KHJ is not responsible for those costs. The material associated with this
web site is provided solely for entertainment and promotional purposes. The information and opinions expressed in
Bulletin Boards, Chat Rooms, or other forums conducted on this site ("Forums") are not necessarily those
of 93KHJ or its content providers, advertisers or sponsors and 93KHJ makes no representations or warranties
regarding that information or those opinions.
The information published on this web site was valid at the time of publication. 93KHJ
reserves the right to make changes and improvements at any time and without notice, and assumes no liability for
damages incurred directly or indirectly as a result of errors, omissions, or discrepancies.
Limited
Liability In no event shall 93KHJ or its content providers be
responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or
rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim,
liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost
profits, or damages resulting, directly or indirectly, from lost data or business interruption) resulting from the
use or inability to use this web site and/or the material associated with this web site, or resulting from any
information or opinions provided on this web site and/or the material associated with this web site, whether based
on warranty, contract, tort, or any other legal theory, and whether or not 93KHJ or any of its affiliated or
related entities are advised of the possibility of such damages.
Indemnification You agree to defend, indemnify and
hold harmless, 93KHJ, its officers, directors, employees, agents, distributors, advertisers, sponsors, content
partners and affiliates from and against any and all claims, actions, demands, liabilities, costs, or expenses,
including reasonable attorney's fees, resulting from your breach of the terms of this
Agreement.
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