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Terms of Use
ACCEPTANCE OF
TERMS.
The services that KLZN Radio provides to you are subject
to the following Terms of Use ("TOU"). KLZN
Radio reserves
the right to update the TOU at any time without notice
to you. The most current version of the TOU can be
reviewed by clicking on the "Terms of Use" hypertext
link located at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its network of Web properties, KLZN Radio provides
you with access to a variety of resources, including
information, download areas, communication forums and
product information (collectively "Services"). The
Services, including any updates, enhancements, new
features, and/or the addition of any new Web properties,
are subject to the TOU.
PERSONAL AND
NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Services are for your
personal and non-commercial use. 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 the Services.
PRIVACY AND PROTECTION
OF PERSONAL INFORMATION.
See the
Privacy Statement disclosures relating to the
collection and use of your information.
NOTICE SPECIFIC TO
SOFTWARE AVAILABLE ON THIS WEB SITE.
Any file/software that is made available to download
from the Services ("Software") is the copyrighted work
of KLZN Radio and/or its suppliers. Use of the Software is
governed by the terms of the end user license agreement,
if any, which accompanies or is included with the
Software ("License Agreement"). An end user will be
unable to install any Software that is accompanied by or
includes a License Agreement, unless he or she first
agrees to the License Agreement terms.
The Software is made
available for download solely for use by end users
according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with
the License Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible.
WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY
THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, KLZN Radio HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE,
KLZN Radio MAY MAKE AVAILABLE AS PART OF THE SERVICES OR
IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE
AND/OR DOWNLOAD. KLZN Radio DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT
THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND
UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THE SERVICES OR IN KLZN Radio SOFTWARE
PRODUCTS.
RESTRICTED RIGHTS LEGEND.
Any Software which is downloaded from the Services for
or on behalf of the United States of America, its
agencies and/or instrumentalities ("U.S. Government"),
is provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and
(2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable.
NOTICE SPECIFIC TO
DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press
releases, datasheets and FAQs) from the Services is
granted, provided that (1) the below copyright notice
appears in all copies and that both the copyright notice
and this permission notice appear, (2) use of such
Documents from the Services is for informational and
non-commercial or personal use only and will not be
copied or posted on any network computer or broadcast in
any media, and (3) no modifications of any Documents are
made. Accredited educational institutions, such as K-12,
universities, private/public colleges, and state
community colleges, may download and reproduce the
Documents for distribution in the classroom.
Distribution outside the classroom requires express
written permission. Use for any other purpose is
expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
Documents specified above
do not include the design or layout of the jackfm963.com
Web site or any other KLZN Radio owned, operated, licensed
or controlled site. Elements of KLZN Radio Web sites are
protected by trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or image from
any KLZN Radio Web site may be copied or retransmitted
unless expressly permitted by KLZN Radio .
KLZN
Radio AND/OR ITS
RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE
SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND. KLZN Radio AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. IN NO EVENT SHALL KLZN Radio AND/OR
ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE
SERVICES.
THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
KLZN Radio AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING
SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB
SITE.
IN NO EVENT SHALL KLZN Radio AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE
FROM THE SERVICES.
MEMBER ACCOUNT,
PASSWORD, AND SECURITY.
If any of the Services requires you to open an account,
you must complete the registration process by providing
us with current, complete and accurate information as
prompted by the applicable registration form. You also
will choose a password and a user name. You are entirely
responsible 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 KLZN Radio immediately
of any unauthorized use of your account or any other
breach of security. KLZN Radio will not be liable for any
loss 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 KLZN Radio 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, 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 KLZN Radio
server, or the network(s) connected to any KLZN Radio
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 KLZN Radio
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.
USE OF SERVICES.
The Services may contain e-mail services, bulletin board
services, chat areas, news groups, forums, communities,
personal web pages, calendars, photo albums, file
cabinets and/or other message or communication
facilities designed to enable you to communicate with
others (each a "Communication Service" and collectively
"Communication Services"). You agree to use the
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 that when using the Communication Services, you
will not:
- 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 any material or information, including
images or photographs, which are made available
through the 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.
KLZN
Radio has no
obligation to monitor the Communication Services.
However, KLZN Radio reserves the right to review materials
posted to the Communication Services and to remove any
materials in its sole discretion. KLZN Radio reserves the
right to terminate your access to any or all of the
Communication Services at any time, without notice, for
any reason whatsoever.
KLZN
Radio reserves the
right at all times to disclose any information as
KLZN Radio 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 KLZN Radio's sole
discretion.
Always use caution when
giving out any personally identifiable information about
yourself or your children in any Communication Services.
KLZN Radio does not control or endorse the content,
messages or information found in any Communication
Services and, therefore, KLZN Radio 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 KLZN Radio spokespersons, and their views do
not necessarily reflect those of KLZN Radio.
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
KLZN Radio OR POSTED AT ANY KLZN Radio WEB SITE.
KLZN Radio does not claim ownership of the materials you
provide to KLZN Radio (including feedback and suggestions)
or 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
KLZN Radio , its affiliated companies and necessary
sublicensees permission to use your Submission in
connection with the operation of their Internet
businesses (including, without limitation, all KLZN
Radio
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 Services.
No compensation will be
paid with respect to the use of your Submission, as
provided herein. KLZN Radio is under no obligation to post
or use any Submission you may provide and KLZN Radio 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 a
Images will terminate at the time you completely remove
such Images from the Services, provided 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.
NOTICES AND PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed copyright
infringement should be sent to Service Provider's
Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
LINKS TO THIRD PARTY
SITES.
THE LINKS IN THIS AREA WILL LET YOU LEAVE KLZN Radio's
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
KLZN Radio AND KLZN Radio IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A
LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
KLZN Radio IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER
FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
KLZN Radio IS PROVIDING THESE LINKS TO YOU ONLY AS A
CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY KLZN Radio OF THE SITE.
UNSOLICITED IDEA
SUBMISSION POLICY.
KLZN Radio OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR
CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW
ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR
TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR
NEW PRODUCT NAMES. 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 KLZN Radio's PRODUCTS
OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS
SUBMITTED TO KLZN Radio. SO, PLEASE DO NOT SEND YOUR
UNSOLICITED IDEAS TO KLZN Radio OR ANYONE AT KLZN Radio. IF,
DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND
MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT
KLZN Radio MAKES NO ASSURANCES THAT YOUR IDEAS AND
MATERIALS WILL BE TREATED AS CONFIDENTIAL OR
PROPRIETARY.
COPYRIGHT NOTICE.
Copyright © 2006 KLZN Radio, 2100 Main St. Susanville,
California 96130 U.S.A. All rights reserved.
TRADEMARKS. The
names of actual companies and products mentioned herein
may be the trademarks of their respective owners. The
example companies, organizations, products, domain
names, email addresses, logos, people and events
depicted herein are fictitious. No association with any
real company, organization, product, domain name, e-mail
address, logo, person, or event is intended or should be
inferred.
Any rights not expressly
granted herein are reserved.
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