Updated: December 13, 2011
No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone age twelve or younger). Children should not use the Site or submit any information to Operator.
Intellectual Property. You acknowledge that all content and materials available at the Site (collectively, the "Content") 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, as between Operator and you, are owned exclusively by Operator. Except where otherwise noted, you may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including, but not limited to, any copyright or trademark notices. You may only use the Site and the Content as expressly permitted herein and for no other purpose. Except as authorized by Operator in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Operator is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without permission. Operator's policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.
User's Grant of Limited License. By posting or submitting any content or other materials to the Site (collectively, the "User Content"), you grant Operator and its designees the right to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the User Content in any form, anywhere and for any purpose. In addition, you represent and warrant that you own or otherwise control all of the rights to the User Content and that the use of the User Content by Operator and/or its designees as set forth in the preceding sentence will not infringe or violate the rights of any third party. Operator may monitor, edit or delete the User Content as it appears on the Site at any time and for any or no reason without your permission.
Privacy. You should review the Privacy Statement posted below on this page.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please see the Notice and Take Down materials posted elsewhere at the Site.
Disclaimer of Warranties. YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE "SITE MATERIALS") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL OPERATOR, OR ITS PARENT, SUBSIDIARIES, AFFILIATES, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES"), BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OPERATOR'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. You agree to defend, indemnify, reimburse and hold harmless the Released Parties from all liabilities, claims and expenses, including, but not limited to, costs and attorneys' fees, that arise in any way from your use of the Site or the Site Materials. Operator reserves the right, at its 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 Operator in asserting any available defenses.
International Use. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site and/or using any of the Site Materials from any jurisdiction where such access and/or use is illegal is prohibited.
Unauthorized Use and Termination. You agree to use the Site only for authorized and legal activities. Operator reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.
Updated: December 13, 2011
No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone age twelve (12) or younger). Children should not use the Site or submit any information to Operator.
What Information is Collected. There are two general types of information that can be collected as a result of your use of the Site: (1) Personally identifiable information (such as your first and last name, home or other physical address, telephone number, email address, date of birth, social security number, other identifiers that permit physical or online contact with you or any information about you collected online and maintained in personally identifiable form in combination with any of the preceding categories), and (2) aggregate information (such as your IP address a number used to identify your computer when you are on the Internet or the type of browser you are using).
Personally Identifiable Information. Certain features available at the Site will require you to submit personally identifiable information about yourself (Personal Information) as a condition of participation. Some of the features may be offered by Operator, while others may be offered by third parties. (For example, you may be required to submit Personal Information in order to enter a contest conducted by Operator, or you may be required to submit Personal Information in order to receive news updates by email from a third party news source.) In addition, Operator may ask you to provide Personal Information for purposes unrelated to the use of a feature at the Site. In all cases, you can always refuse to provide Personal Information, but this may result in decreased functionality of the Site for you and limit your ability to receive information about products or services that may be of particular interest. In general, the use of Personal Information you choose to submit to a third party in connection with your use of the Site will be controlled by the privacy practices of the third party and not this Statement.
Ownership and Use of Information. Any information collected by Operator in connection with your use of the Site regardless of whether characterized as Personal Information or aggregate WILL belong exclusively to Operator and may be used, maintained, updated, disclosed or sold by Operator as desired in its sole discretion.
Forums. The Site may include forums (such as message boards and chat rooms) that enable users to communicate with each other. Operator is under no obligation to moderate or edit the forums and will not be responsible for the content or use of any material posted on any forum at the Site. Operator retains the right to delete at any time and for any or no reason any material posted at the Site.
Contact Information. Questions concerning the Statement or the Site, including any request to review or change your personal information, should be directed to: firstname.lastname@example.org (Please add the email address to notice you.)
Updated: December 13, 2011
NOTICE AND TAKE DOWN PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe copyrighted work is available on this website in a way that constitutes copyright infringement, you may notify the following designated agent of KSTP-FM, LLC (Operator) in writing:
KSTP-FM, LLC 3415 University Ave. St. Paul, MN 55114 Attn: Copyright Infringement 651-642-4656
Your written notification (the Notification) to the above-referenced designated agent must include substantially all of the following:
a. Identification of the copyrighted work that is the subject of the claimed infringement or, if multiple copyrighted works are involved, a representative list of the works;
b. Identification of the allegedly infringing material, together with information reasonably sufficient to permit Operator to locate the material;
c. Information reasonably sufficient to permit Operator to contact you, such as your name, address, telephone number and email address;
d. A statement by you that you have a good faith belief that the copyrighted work identified in the Notification is being used in a manner that is not authorized by the copyright owner, its agent or the law;
e. A statement by you, signed under penalty of perjury, that the information contained in the Notification is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that is allegedly being infringed; and
f. A physical or electronic signature of the owner of the copyrighted work or a person authorized to act on its behalf.
Upon receipt of a Notification containing substantially all of the foregoing, Operator will take the following steps:
a. Remove or disable access to the allegedly infringing material;
b. Forward the Notification to the alleged infringer (the Impacted Party); and
c. Take reasonable steps to promptly notify the Impacted Party that Operator has removed or disabled access to the allegedly infringing material.
The Impacted Party may submit a counter notification in writing to the above-referenced designated agent of Operator. The written counter notification (the Counter Notification) must include substantially all of the following:
a. Identification of the allegedly infringing material that was removed or disabled by Operator and the location where the material appeared before it was removed or access to it was disabled;
b. A statement under penalty of perjury that the Impacted Party has a good faith belief that the allegedly infringing material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
c. The Impacted Partys name, address and telephone number and a statement that the Impacted Party consents to the jurisdiction of the United States federal district court for the judicial district in which the address provided by the Impacted Party is located and will accept service of process from you. If the Impacted Party is located outside the United States, the Impacted Party must include a statement that it consents to the jurisdiction of any United States federal district court in which Operator may be found; and
d. A physical or electronic signature of the Impacted Party.
Upon receipt of a Counter Notification containing substantially all of the foregoing, Operator will take the following steps:
a. Send you a copy of the Counter Notification;
b. Inform you that it will replace the allegedly infringing material or cease disabling access to it within ten (10) business days; and
c. Replace the removed allegedly infringing material or cease disabling access to it not less than ten (10) nor more than fourteen (14) business days following receipt of the Counter Notification, provided you have not supplied the designated agent with evidence that you have filed an action seeking a court order to restrain the Impacted Party from engaging in the infringing activity that was the subject of the Notification.
Operators policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.