Platte River
Radio Inc.
WEBSITE TERMS OF USE
User Agreement
This website is provided by
Platte River Radio Inc /dba/ KKPR, KLIQ, KXPN, KICS and KHAS Radio for
the use and benefit of its listeners. This Terms of Use Agreement informs
any person that accesses any portion of our website (“Visitor” or
“You”) of the terms that govern the use of our website. Your access
and use of this website indicates that you have read and understand
these terms and agree to be bound by them. If you do not desire to be
bound by any of the terms of use, do not use this website.
Amendment
We may update or modify this
Agreement from time to time without prior individual notice by posting
a revised Agreement on our website. Your continued use of the website
will constitute your acceptance of any such changes.
Submissions
You represent and warrant that
you are the owner or otherwise are authorized or have the right to provide
any information or materials that you post, upload or transmit for use
on the website. You are responsible for all content that you post, e-mail,
transmit, upload or otherwise make available through our website.
Visitor hereby grants Platte
River Radio Inc., its affiliates and third-party providers an irrevocable,
royalty-free, perpetual, non-exclusive worldwide license to use, copy,
display, modify, edit and create derivative works from and distribute
any information or materials that visitors post, upload or transmit
to our website. Platte River Radio Inc., its governing board, officers,
employees, members, and agents will not be responsible for the action
of any user, visitor or third party with respect to any information,
material or content posted, uploaded or transmitted to our website.
You agree to indemnify and hold Platte River Radio Inc, its officers,
employees, agents, sponsors and third-party providers harmless from
any claim or demand, including reasonable attorney fees, made by any
party arising out of information or materials that Visitor posts, upload,
transmits or submits to our website.
We have the right in our sole
discretion, for any reason or for no reason, to decline to post any
information or materials that you submit for our website, and, at any
time, to remove any submitted information or materials that are posted
to our website.
If you believe in good faith
that information or materials on our website infringe on your copyright,
you or your agent may send us a notice, in accordance with the requirements
set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”),
requesting that we remove or block access to the claimed infringing
material. If you believe in good faith that someone has wrongfully filed
a notice of copyright infringement against you, the DMCA permits you
to send us a counter-notice. Notices and counter-notices must meet the
then-current statutory requirements imposed by the DMCA. See http://www.loc.gov/copyright.
Notices and counter-notices should be sent to:
PO Box 130 Kearney, NE
68848-0130
Downloads
This website contains materials
supplied by Platte River Radio Inc. and its affiliates and third-party
providers, as well as other sources, and is protected by copyrights,
trademarks, service marks, patents, trade secrets, or other proprietary
rights and laws. Except as expressly authorized by Platte River Radio
Inc., Visitor may not modify, copy, reproduce, republish, upload, post,
transmit, distribute, sell, license, rent, publicly display or perform,
edit, adapt or create a derivative work of, in any manner, any material,
content or design elements obtained from this site, including photographs,
code, and software (“Material”).
Use of the Material for any
purpose not expressly permitted in this Agreement is prohibited. Platte
River Radio Inc. expressly authorizes its listeners and website viewers
to download all podcasts posted and promoted on any of the Platte River
Radio owned radio stations.
External Links
Our website has links to other
third-party websites. This linking does not necessarily constitute our
endorsement or approval of the content of their websites or of their
policies, products, services, or opinions. These links are being provided
as a convenience and for informational purposes only. Platte River Radio
Inc. bears no responsibility for the accuracy, legality or content of
an external site or for that of subsequent links. Contact the external
site for answers to questions regarding its content.
Visitor is prohibited from
framing Platte River Radio Inc. websites or linking to any other page
without the express written permission of Platte River Radio Inc..
Warranty and Disclaimer
THE CONTENT ON OR OTHERWISE
RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD PARTY SITES OR SERVICES
LINKED TO OR FROM THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT.
WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO
WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE
OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. IN SUCH EVENT, VISITOR ASSUMES THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US
WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES
(INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
We intend the content of our
website to promote the principal objective of Platte River Radio Inc.,
to advance the best interests of the free, local, over-the-air, full
service radio. Our website content is not intended to, and does not,
constitute legal or professional advice or diagnosis, and may not be
used for such purposes. You should not act or refrain from acting on
the basis of any content included in, or accessible through, our website
without seeking the appropriate legal or other professional advice on
the particular facts and circumstances at issue, from a lawyer or professional
licensed in your state, country or other appropriate licensing jurisdiction.
Limitation of liability
UNDER NO CIRCUMSTANCES,
INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON
OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND
PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE
OF OR THE INABILITY TO USE OUR WEBSITE OR CONTENT, OR (B) THE CONDUCT
OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR
ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Jurisdiction and Venue
You agree that any action at
law or in equity arising out of or relating to these terms of use or
our website shall be filed, and that venue properly lies, only in state
or federal courts located in Buffalo County, Nebraska, and you hereby
consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. We make no representation that
the content on our website is appropriate or available for use in any
particular location. Those who choose to access our website do so on
their own initiative and are responsible for compliance with all applicable
laws including any applicable local laws.
General Provisions
These terms of use shall be
governed by and construed in accordance with the laws of the State of
Nebraska and the laws of the United States, without giving effect to
any principles of conflicts of law. If any provision of these terms
of use shall be unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from these terms of use and
shall not affect the validity and enforceability of any remaining provisions.
No waiver of any provision of these terms of use by us shall be deemed
a further or continuing waiver of such provision or any other provision,
and our failure to assert any right or provision under these terms of
use shall not constitute a waiver of such right or provision. In these
terms of use, the word "including" is used illustratively,
as if followed by the words "but not limited to." All trademarks
appearing on this website are the property of their respective owners.
Nothing contained on this website should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any
trademark displayed on the website without the written permission of
the party that may own the applicable trademark.
YOU AGREE THAT ANY CAUSE
OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE
MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES;
OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
©2009 Platte River Radio
Inc, PO Box 130, Kearney, NE 68848-0130
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