Welcome to the KBYG Radio web site, owned and produced by Weeks Broadcasting Inc. and its subsidiary and affiliate entities, successors, and assigns (collectively referred to as Weeks Broadcasting Inc.) which currently consists of various web pages at or linked to the URLs at http://www.kbygradio.com/ and http://www.kbyg.net/ (collectively referred to as the “Site,” which may expand or change from time to time). By using the Site, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Site (“Agreement”). All such guidelines and rules are hereby incorporated by reference into this Agreement. If you do not agree with all of the following terms of this Agreement, please do not use or access the Site. The Site is intended for your personal entertainment, information, education and communication.
Weeks Broadcasting Inc. reserves the right, at its sole discretion, to change, modify or otherwise alter the terms and conditions in this Agreement at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review this Agreement periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of this Agreement as revised.
1. Use of Materials: The Site contains material which is derived in whole or in part from material supplied by Weeks Broadcasting Inc. and other sources, and is protected by U.S. and international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Weeks Broadcasting Inc.’s or such other sources’ copyright, trademark and other proprietary rights. In the event that you download Materials from the Site, you are granted a limited license to use such Materials and Weeks Broadcasting Inc. does not transfer title to any such Materials to you. The use of any such Materials on any other web site or networked computer environment without Weeks Broadcasting Inc.’s express written consent is prohibited.
3. Personal Safety: When using the Site, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
5. Password: Your password will allow you to access certain parts of the Site. You are solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Weeks Broadcasting Inc. of any unauthorized use of your password or account, or any other breach of security.
6. Services: Weeks Broadcasting Inc. may send you e-mail newsletters informing you of new membership benefits and features, letting you know of problems with the Site or with services offered by Weeks Broadcasting Inc., or presenting you with the opportunity to buy selected products and services. You may start or stop receiving such e-mail newsletters at any time by sending an e-mail to the webmaster stating that you no longer want to receive such e-mail newsletters.
7. Unsolicited Material: Weeks Broadcasting Inc.’s longstanding company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those Weeks Broadcasting Inc. has specifically requested. This policy is to avoid the possibility of future misunderstandings when projects developed by Weeks Broadcasting Inc. might seem similar to the creative ideas, suggestions or materials submitted by users. However, if you do send Weeks Broadcasting Inc. any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Unsolicited Material”), the Unsolicited Material shall be deemed, and shall remain, the property of Weeks Broadcasting Inc.. Weeks Broadcasting Inc. may edit, copy, publish, distribute, translate, and otherwise use or exploit in any medium any Unsolicited Material that you forward to Weeks Broadcasting Inc. and Weeks Broadcasting Inc. will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Unsolicited Material. If you are a member of any guild or union, such as the Writers Guild of America, for example, the Unsolicited Material is not subject to the terms of any collective bargaining agreement. Weeks Broadcasting Inc. is and shall be under no obligation to: (1) maintain any of your or any user’s Unsolicited Material in confidence; (2) to pay to you or any user any compensation for any Unsolicited Material; or (3) to respond to any of your or any other user’s Unsolicited Material.
8. Bulletin Boards: a. The Site may include bulletin boards and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively “Bulletin Boards”). Weeks Broadcasting Inc. does not control the material delivered to Bulletin Boards, and Weeks Broadcasting Inc. has no obligation to monitor such Bulletin Boards. The messages do not necessarily reflect the views of Weeks Broadcasting Inc. In no event shall Weeks Broadcasting Inc. assume or have any responsibility or liability for any materials posted on Bulletin Boards or for any claims, damages or losses resulting from their use and/or appearance on the Site. Weeks Broadcasting Inc. reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Bulletin Boards) as necessary to satisfy any law, regulation or governmental request. In addition, Weeks Broadcasting Inc. reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in Weeks Broadcasting Inc.’s sole discretion are tasteless, offensive, objectionable or in violation of this Agreement. By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Weeks Broadcasting Inc. a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, publish, adapt, transmit, publicly perform or display any such communication. Weeks Broadcasting Inc. may without limitation sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect such communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service-mark or patent laws under any relevant jurisdiction, and to use bulletin board remarks for the purpose of advertising and promotion, without revealing the identity of the individual to whom the remark is attributed unless Weeks Broadcasting Inc. obtains the permission of such individual or unless otherwise provided for herein.
9. Rules: It is a condition of your use of the Site that you do not:
a. Alter any material Weeks Broadcasting Inc. posts on the Site;
b. Transmit or upload any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
c. Transmit or upload any information, software or other material which contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices or engage in disruptive activities online, including excessive use of scripts, sound waves and scrolling;
d. Use the Site for the purposes of sending junk e-mail, chain letters, duplicative or unsolicited messages or “spamming” or in connection with contests, surveys or pyramid schemes;
f. Try to gain unauthorized access to the Site, other users’ accounts, or computers connected to the Site though password mining or other means;
g. Interfere with another user’s use and enjoyment of the Site or any other individual’s user and enjoyment of similar services;
h. Resell, redistribute, broadcast or transfer the information or use the information derived from the Site in a searchable, machine-readable database;
i. Disguise a file type to thwart Weeks Broadcasting Inc.’s detection processes;
j. Submit to the Live Directory multiple web sites with different URLs that re-direct a user to one web page; (xv) submit to Live Directory more than one URL for a single category or update Live Directory listings with intent to distort or misrepresent them, including but not limited to changing titles of the entries, descriptions of the entries, URLs, or keywords; and
k. Attempt to gain unauthorized access to other computers, computer systems or networks connected to the Site.
11. Sweepstakes and Other Activities: Weeks Broadcasting Inc. provides rules for certain activities on the Site including, without limitation, e-mail services, contests, sweepstakes, and auctions sponsored by Weeks Broadcasting Inc. and in conjunction with third parties. This Agreement is incorporated by reference to the specific rules, which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific rules, the rules for the activity in which you choose to participate shall govern. Your participation in any such activities shall be subject to the applicable laws of your state.
12. Hyperlinks to Third Party Sites: The appearance of external hyperlinks are presented as a convenience only and do does not constitute endorsement by Weeks Broadcasting Inc., its subsidiaries, assigns, licensees and related entities of the opinions or views expressed by these linked web sites and Weeks Broadcasting Inc. does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in linked sites. Furthermore, Weeks Broadcasting Inc. is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Weeks Broadcasting Inc., nor its subsidiaries and related entities will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall Weeks Broadcasting Inc. 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 these sites. Finally, under no circumstances will Weeks Broadcasting Inc. be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
13. Termination: Weeks Broadcasting Inc. may, in its sole discretion, discontinue or alter any aspect of the Site or any services included on or through the Site at any time with or without notice and for any reason, including but not limited to (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Site for computer types and operating systems, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user’s right to use all or part of the site. Weeks Broadcasting Inc. shall not be liable to any party for any such termination or alteration.
You are responsible for all charges (e.g., telephone, cable, electricity, etc.) associated with connecting to the Site through an available access number or Internet service provider. You are also responsible for obtaining or providing all telephone or cable access lines, telephone, cable and computer equipment (including modem), or other access devices necessary to access the Site.
If you object to any of the terms in this Agreement, you may discontinue use of the Site. You may cancel your subscription to any Weeks Broadcasting Inc. service by following the directions provided in such service.
14. Disclaimer: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER WEEKS BROADCASTING INC. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You assume all risk of errors and/or omissions in the Site, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks 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 and agree that your use of the Site, 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 YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
You specifically acknowledge and agree that Weeks Broadcasting Inc. is not liable for any defamatory, offensive, harassing or illegal conduct of any user.
15. Limitation of Liability: Your use, access to and browsing of the Site is at your risk. Weeks Broadcasting Inc. assumes no responsibility for any personal injury or property damage which results from your use of and access to the Site. If you are dissatisfied with any of the Materials contained in the Site, or with any part of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. Weeks Broadcasting Inc. also assumes no responsibility, and shall not be liable for any damages to, or viruses, worms or bots that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any Materials from the Site. Weeks Broadcasting Inc. does not warrant or make any representations of any kind or nature with respect to the Materials. You are responsible for compliance with local laws, if and to the extent local laws are applicable.
IN NO EVENT SHALL WEEKS BROADCASTING INC., ITS PARENT OR SUBSIDIARIES, ITS LICENSEES OR ASSIGNS, OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY UNAVAILABILITY THEREOF, WEEKS BROADCASTING INC.’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WEEKS BROADCASTING INC. OR ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURIES ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, WORMS, POWER FAILURE, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY MATERIAL. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WEEKS BROADCASTING INC., ITS PARENT, SUBSIDIARIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. IF YOUR STATE DOES NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LAST, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
16. Indemnification: You agree to indemnify, defend and hold harmless Weeks Broadcasting Inc. and its parent, subsidiaries, affiliates, licensees and assigns, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or in connection with (a) any violation of the terms and conditions of this Agreement, (b) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (c) any misrepresentation made by you in connection with your use of the Site; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Site, including the information obtained through the Site. Weeks Broadcasting Inc. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Weeks Broadcasting Inc. in asserting any available defenses.
17. United States Export Controls: Weeks Broadcasting Inc. operates and controls the Site from its offices in Big Spring, Texas. The Site is intended exclusively for residents of the United States. Weeks Broadcasting Inc. makes no representation that materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported to re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
18. Miscellaneous: This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, this Agreement will be deemed curtailed only to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in Big Spring, Texas, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Site and waive any right you may have pursuant to any state, local or national law with respect to forum non convenience and choice of law. The titles and headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.