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Acceptance of Terms Through Use
Welcome to www.kzla.com,
a website operated by Emmis Communications Corporation (hereinafter "Emmis") and KZLA 93.9 (hereinafter “KZLA
93.9”). Please read the following terms and conditions carefully,
as they govern your use of the www.kzla.com website (hereinafter the “Site").
Your use of the Site constitutes your acceptance without modification
of all of the terms, conditions, and notices contained herein. We offer
the Site to you conditioned on your acceptance of these Terms of Use.
In consideration of your agreement to these Terms of Use and for other
valuable consideration, we grant to you a limited, non-exclusive, revocable
and non-transferable license (as referenced below) to access and use
the Site. We reserve all rights not expressly granted in this Agreement.
We reserve the right to make modifications, improvements, deletions,
or amendments to the Site at any time we deem appropriate. Any and all
relevant portions of this Agreement will apply automatically to all modifications,
improvements, deletions, and/or amendments as they appear.
In addition, we reserve the right at any time to modify the terms and
conditions of this Agreement, or any part thereof, or to impose new conditions
on the Agreement. Except as otherwise stated herein, any modification
to this Agreement shall be effective ten (10) days after it initially
is posted on the Site. Your use of the Site after any such change will
be conclusively deemed acceptance of such change.
Permitted Use
You agree that you are only authorized to visit, view and to retain
a copy of pages of the Site for your own personal use, and that you shall
not duplicate, download, publish, modify or otherwise distribute the
material on the Site for any purpose other than for personal use, unless
otherwise specifically authorized by us to do so. You also agree not
to deep-link (place a hyperlink on a website that links to another website
but not at its homepage) to the Site for any purpose, unless specifically
authorized by us to do so. The content and software on this Site is the
property of Emmis and KZLA 93.9 and is protected by U.S. and international
copyright laws.
Limited License
You are granted a limited, non-exclusive, revocable
and non-transferable license to utilize and access the Site pursuant
to the requirements and
restrictions of these Terms of Use. We may change, suspend, or discontinue
any aspect of the Site at any time. We may also, without notice or liability,
impose limits on certain features and services or restrict your access
to all or portions of the Site. You shall have no rights to the proprietary
software and related documentation, if any, provided to you in order
to access the Site. Except as provided in these Terms of Use, you shall
have no right to directly or indirectly, own, use, loan, sell, rent,
lease, license, sublicense, assign, copy, translate, modify, adapt, improve,
or create any new or derivative works from, or display, distribute, perform,
or in any way exploit the Site, or any of its contents (including software)
in whole or in part.
Violation of the Terms of Use
You understand and agree that in our sole
discretion, and without prior notice, we may terminate your access to
the Site, or exercise any other
remedy available and remove any unauthorized user information, if we
believe that the information you provide has violated or is inconsistent
with these Terms of Use, or violates the rights of Emmis, KZLA 93.9,
or any third party, or violates the law. You agree that monetary damages
may not provide a sufficient remedy to us for violations of these Terms
of Use and you consent to injunctive or other equitable relief for such
violations. We may release user information about you if required by
law or subpoena.
Copyright Policy
We may terminate the privileges of any user who uses
the Site to unlawfully transmit copyrighted material without a license,
express consent, valid
defense or fair use exemption to do so. If you submit information or
content to the Site, you warrant that the information or content does
not infringe the copyrights or other rights of third parties.
Representations By You
By visiting the Site, you represent, warrant
and covenant that (a) you are at least 18 years old; (b) that you are
a resident of the United
States; and (c) that all materials of any kind submitted by you through
the Site or for inclusion on the Site will not plagiarize, violate or
infringe upon the rights of any third party including trade secret, copyright,
trademark, trade dress, privacy, patent, or other personal or proprietary
rights.
Accounts
During the registration process you will be asked to select
a unique password for access to certain portions of the Site. You are
responsible
for maintaining the confidentiality of the password and account, and
are fully responsible for all activities that occur under the password.
By logging into the Site, you represent and warrant that: (i) you are
the customer who registered for the services; (ii) that you are using
the services only for permitted purposes; (iii) you are not a competitor
of Emmis, KZLA 93.9, or agent thereof; (iv) you will immediately notify
us of any unauthorized use of the password or account or any other breach
of security; and (v) you will ensure that you exit from your account
at the end of each session. Please notify KZLA webmaster@kzla.com of
any potential unauthorized use(s) of your account, or breach of security.
You also represent and warrant that: (i) you will not select or utilize
a user name of another person with intent to impersonate that person;
(ii) you will not select or utilize a user name in which another person
has rights, if you do not have that person's authorization to use such
name; and (iii) you will not select or utilize a user name that we in
our sole discretion deem offensive.
License Granted by You
By providing content or information to us, including by submitting or
uploading content or materials for use on the Site, you represent and
warrant that you or the owner of all rights to such content or materials
has expressly granted us an irrevocable world-wide right in all languages
and in perpetuity to use and exploit all or any part of the content and
materials provided by you. We may publish and distribute any such submitted
content or materials at our sole discretion by any method now existing
or later developed. You agree that you shall waive all claims and have
no recourse against us for any alleged or actual infringement or misappropriation
of any proprietary rights in any communication, content or material submitted
to us. Any communication or materials you send to us will be treated
as non-confidential and non-proprietary and may be disseminated or used
by us for any purpose, including, but not limited to, developing, creating,
manufacturing or marketing products or services.
Advertising
The Site may contain advertisements and/or sponsorships.
The advertisers and/or sponsors that provide these advertisements and
sponsorships are
solely responsible for insuring that the materials submitted for inclusion
on the Site are accurate and comply with all applicable laws. We are
not responsible for the acts or omissions of any advertiser or sponsor.
Your decision to make purchases from any such advertiser or sponsor is
completely voluntary and within your sole discretion. You are solely
responsible for payment of all costs or fees associated with any such
purchase, including payment of all shipping charges, applicable sales
tax, or other taxes, assessments, or fees imposed by applicable law.
No Commercial Use
This Site may not be used by you for any commercial purposes such as
to conduct sales of merchandise or services of any kind. You must obtain
our prior written consent to make commercial offers of any kind on the
Site, whether by advertising, solicitations, links, or any other form
of communication. We will investigate and take appropriate legal action
against anyone who violates this provision, including without limitation,
removing the offending communication from the Site and barring such violators
from use of the Site.
Links and Search Results
The Site may contain windows or hyperlinks which
provide access to other websites not affiliated with the Site or with
us (hereinafter the "External
Websites"), or to informational content provided by the External
Websites. Your use of such External Websites or informational content,
while subject to the terms of this Agreement, is also subject to and
governed by the terms and guidelines, if any, contained within such External
Website.
We do not endorse and are not liable for the content of any External
Website, and do not make any representations or warranties concerning
any informational content or materials available on such External Website,
including that they will not contain viruses or otherwise impact your
computer. We have no control over these External Websites or the content
within them. We do not guarantee, represent or warrant that the content
contained in any External Website is accurate, legal and/or inoffensive.
By using the Site to search for or link to another site, you agree and
understand that you may not make any claim against us for any damages
or losses, whatsoever, resulting from your use of the Site to obtain
search results or to link to another site. You acknowledge, understand,
and agree that we shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with your use of or reliance on any informational content, products,
services, software, or other materials available on or provided by any
External Website. If you have a problem with a link from the Site, you
may notify us at webmaster@kzla.com.
Career Advice and Professional Networking Websites
The Site may provide a venue for you to access External Websites containing
career advice and professional networking forums. We have no control
over the accuracy, reliability, completeness, or timeliness of the information
or services available through any such External Websites, and makes no
warranties or representations about any of the networking forums or service
vendors posted thereon. To the extent that such External Websites collect
personal information or postings from you, you are advised that in no
event shall we assume or have any responsibility or liability for the
manner in which such information or postings are exploited or for any
claims, damages, or losses resulting from their use and/or appearance
on the External Websites. We are not an employment agency or a recruiting
firm and make no representation or guarantees regarding the effectiveness
or timeliness of vendors offering career services in meeting the objectives
of the users. We do not guarantee that use of the Site and/or the hyperlinks
to External Websites listed thereon will result in users being hired,
and we are not responsible for any employment decisions, regardless of
the reasons such decisions were made.
Intellectual Property
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 us 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. We, 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 us. The use or misuse of any of
these materials is strictly prohibited.
Digital Millennium Copyright Act (DMCA) Policy
If you
are notifying us of alleged copyright infringement, please be sure to
provide the following information in the form required by 17
U.S.C. § 512:
- A description of the copyrighted work that you allege
is being infringed, or, if multiple copyrighted covered by a single
notification, a representative
list of such works;
- A description of the allegedly infringing material
and information
sufficient to permit us to locate the material;
- Information reasonably sufficient
to permit us to contact you, such as an address, telephone number,
and/or an electronic mail address;
- A statement by you that you have
a good faith belief that use of the material in the manner complained
of is not authorized
by the copyright
owner, or its agent, or the law; and
- A statement by you that
the information in the notification is accurate and that you have
the authority to enforce the
copyrights that are
claimed to be infringed.
Designated Agent for Notification of Claimed Copyright Infringement
NAME: Director of Internet Technologies
ADDRESS: Emmis Operating Company
40 Monument Circle, Suite 500
Indianapolis, Indiana 46204
EMAIL: copyright@emmis.com
PHONE: (317) 684-6546
FAX: (317) 684-8810
Allocation of Responsibility
We assume no responsibility for the activities,
omissions, or other conduct of users. We act as a portal for the online
distribution and
publication of information and have no obligation to screen communications
or information in advance and are not responsible for screening or monitoring
information posted by vendors on External Websites. If notified by a
user of an External Website that grossly violates and/or does not conform
to the reasonable principles and ethics of society, we may investigate
the allegation and determine in good faith and determine, in our sole
discretion, whether to remove or request the removal of the link to such
External Website. We have no liability or responsibility to users for
performance or nonperformance of such activities. We may take any action
with respect to External Websites that we deems necessary or appropriate,
in our sole discretion.
DISCLAIMER OF WARRANTIES
You acknowledge, understand, and expressly agrees
that use of the Site and any External Website accessible therethrough
is at your sole risk.
We do not guarantee, represent, or warrant that your use of the Site
will be uninterrupted, error free, or virus free, or that the Site will
meet your requirements. In addition, no warranty is made as to the results
that may be obtained from use of the Site or any External Websites listed
thereon, or as to the accuracy, reliability, or content of any product,
service, or information provided through or in connection with the Site.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR
UNINTERRUPTED ACCESS. SPECIFICALLY, EMMIS AND KSHE95 DISCLAIM ANY AND
ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS
OR SERVICES; AND, (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE
OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THIS DISCLAIMER APPLIES TO
ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF EMMIS' AND/OR KSHE95’S RECORDS
OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, NEITHER EMMIS, KZLA 93.9 NOR ANY OTHER PARTY INVOLVED
IN CREATING, PRODUCING
OR DELIVERING THE SITE OR AN EXTERNAL WEBSITE IS LIABLE FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES ARISING
OUT OF A USER'S ACCESS TO, OR USE OF, THE SITE OR ANY EXTERNAL WEBSITE.
You assume all risk of errors and/or omissions in the Site, including
the transmission or translation of information. In addition, you acknowledge,
understand, and agree that there are risks, including but not limited
to, the risk of physical harm, the risk of dealing with strangers, foreign
nationals, underage persons, or people acting under false pretenses.
You assume all risks associated with dealing with the vendors with whom
you comes in contact with through the Site or any External Website. You
assume full responsibility for implementing sufficient procedures and
updates to satisfy your requirements for the accuracy and suitability
of the Site, including the information provided thereon, and for maintaining
any means that you may require for the reconstruction of lost data or
subsequent manipulations or analyses of the information provided hereunder.
You acknowledge, understand, and agree that your use of the Site, any
External Website accessed therethrough, and any information sent or received
in connection therewith, may not be secure and may be intercepted by
unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF
ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO USER'S COMPUTER SYSTEM
OR OTHER PROPERTY.
Indemnification
You agree to defend, indemnify, and hold us 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.
International Use
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. We make 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. You may not use, export or re-export any materials
from this Site in violation of any applicable laws or regulations, including,
but not limited to, any United States export laws and regulations.
Choice of Law
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.
Integration and Severability
This Terms of Use constitutes the entire
agreement between us 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.
Headings
Section titles in the Term of Use are for convenience and do
not define, limit, or extend any provision of the Terms of Use.
© Copyright 2006 KZLA 93.9. All Rights Reserved.
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