This Site’s Terms of Service
BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THIS WEB SITE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
As the web is an evolving medium, the terms of this Agreement may change from time to time. Please periodically review and become familiar with these terms. Your continued use of the Web site after the posting of changes to these terms will signify your acceptance of these changes. This Station may immediately terminate any individual’s use of the Web site and/or such user’s password(s) or account(s) in the event user violates the terms of this Agreement or engages in conduct that this Station, in its sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.
© Copyright 2001-2012 Duhamel Broadcasting Enterprises. All Rights Reserved.
Although the Web site is freely accessible, by providing such access this Station does not intend to relinquish our respective rights, or any other party’s rights, to the materials appearing on the Web site. Unless otherwise noted, this Station owns all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Web site. The material on the Web site is provided for private, non-commercial use only.
Reporting Copyright Infringement:
If you are a copyright owner or an agent thereof and believe any content or other information appearing on the Web site infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you consider any material appearing on the Web site to be objectionable and would like to report it, please do so via this CONTACT KOTA FORM.
The KOTA Radio logo is a trademark and service mark of KOTA Radio. This station’s call sign is a trademark and service mark of this Station. All other trademarks, service marks and logos used in the Web site are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the Web site without the prior written consent of the owner of the mark.
CODE OF CONDUCT
You agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in termination of your use of the Web site:
Restricting or inhibiting any other user from using and enjoying the Web site and services;
Impersonating any person or entity or posting personally identifying information of any other person;
Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
Without the Station’s prior written approval, posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial purposes (including without limitation the solicitation of users of the Web site to become users of other online services competitive with Station);
Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
Posting or transmitting materials in violation of another party’s copyright or intellectual property rights;
Using the Web site for any commercial or unlawful purposes, including “spamming”; or
Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Web site.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THIS STATION OR ITS SPONSORS, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS OR OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE PROVISIONS RELATING TO CONTENT SUBMITTED BY YOU, (B) YOUR VIOLATION OF THE CODE OF CONDUCT ABOVE, AND/OR (C) YOUR ACTIVITIES IN CONNECTION WITH THE WEB SITE OR SITE-RELATED SERVICES.
By using the Web site you are indicating that you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not enter the Web site. If you are not yet 18 years old, a parent or guardian may agree to be bound by the terms of this Agreement on your behalf.
You may submit any text, images, data, or other materials (“Content”) to the Web site. In so doing, you acknowledge and agree that you grant to this Station a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to: Link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, and translate such Content without notice, attribution or payment to you.
Sublicense such Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material without notice, attribution or payment to you.
Further, by submitting Content to the Web site, you acknowledge that you have the authority to grant such rights to the Station and use of the Content by the Station will not violate the rights of any third party. You further acknowledge that the burden of determining whether any Content posted or transmitted to the Web site by you is protected by copyright or will otherwise violate the rights of any third party rests solely with you. This station, and its subsidiaries, licensees and third party content providers and licensors have the right to assert and enforce these provisions relating to the submission of Content directly or on its own behalf.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
You acknowledge that if and when this Station sponsors contests, sweepstakes, or promotions (“Special Program”), or third parties sponsor a Special Program in conjunction with this Station, either this Station, or the third party will post terms and conditions in the official rules and/or registration area for the Special Program that apply to the particular Special Program. Those terms and conditions, to the extent they conflict with this Agreement, will govern that particular Special Program.
USE OF SECURE AREA AND PASSWORD
You are given access to any password-protected area of the Web site when you are given permission and a password to enter such area. You may not distribute your password to others, but if you wish to authorize another individual to use your password, you must request permission from this station in writing, with the understanding that this station is under no obligation to approve any such request. You are responsible for all uses of your password and any and all damages to this Station resulting from the distribution of your password, whether or not authorized by you.
You acknowledge and agree that this Station has the right, but not the responsibility, to monitor the Web site and site-related services, including without limitation chat rooms and forums, and to disclose any information to any third party in order to operate the Web site properly, to protect itself, its sponsors and this Station’s customers, and to comply with legal obligations or governmental requests, or to respond to any circumstance that this station deems to be an emergency. This Station reserve the right to refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of this Station, that are unacceptable, offensive or in violation of this Agreement, in the sole determination of this Station.
THE WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEB SITE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY THIS STATION. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE WEB SITE AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE AND SITE-RELATED SERVICES.
THIS STATION, NOR OUR EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THIS STATION ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Although this Station attempts to ensure the integrity of the Web site, a possibility exists that the Web site could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties to the Web site. This Station make no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform webmaster at CONTACT KOTA FORM so that it can be corrected.
In many instances, the content available through the Web site represents the opinions and judgments of the respective information provider, Web site user or member, or other user not under contract with this Station. This station neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Web site by anyone other than authorized employee spokespersons while acting in their official capacities. Under no circumstances will this Station be liable for any loss or damage caused by your reliance on information obtained through the Web site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Web site.
LINKS TO OTHER WEB SITES AND SERVICES
PARENTAL CONTROL PROVISIONS
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Web sites of the Electronic Frontier Foundation: http://www.eff.org and America Links Up: http://www.netparents.org.
VOID WHERE PROHIBITED
Although the Web site is accessible worldwide, not all products or services discussed or referenced in or on the Web site are available to all persons or in all geographic locations or jurisdictions. This Station reserves the right to limit the availability of the Web site and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Web site is void where prohibited.
RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by the Government is subject to the restriction as set forth in the Technical Data and Computer Software Clause in DFARS 227.7202 and FAR 12.212, as applicable.
This Agreement is entered into in the State of South Dakota and shall be governed by and construed in accordance with the laws of the State of South Dakota, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Pennington the State of South Dakota, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
This Station may at any time change the Web site, including eliminating or discontinuing any content or feature of the Web site, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Web site, or by electronic mail, or by conventional mail. Your use of the Web site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.