Terms of Use

This site is owned and managed by Kemp Broadcasting which includes other quality entertainment brands such as broadcast and Internet radio stations.

Kemp Broadcasting provides this Kemp Broadcasting Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this Kemp Broadcasting Website. Your use of this Kemp Broadcasting Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Kemp Broadcasting Website. This Agreement sets forth Kemp Broadcasting’s policies with respect to its operation of the Kemp Broadcasting Websites. Other policies govern Kemp Broadcasting’s non-Internet operations.

Certain products or services offered by this and/or other Kemp Broadcasting Websites, and certain areas within this and/or other Kemp Broadcasting Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY Kemp Broadcasting WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY Kemp Broadcasting WEBSITE MAY BE TERMINATED IMMEDIATELY IN Kemp Broadcasting’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Some parts of this Kemp Broadcasting website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Kemp Broadcasting Website content.

Changes to this Agreement
This Agreement is effective as of September 25, 2003. Kemp Broadcasting reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Kemp Broadcasting will provide notice of such change on this Kemp Broadcasting Website. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of the Kemp Broadcasting Website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Kemp Broadcasting Website to which the changes may apply.

Privacy and Protection of Personal Information
Kemp Broadcasting has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking here.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS Kemp Broadcasting WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS Kemp Broadcasting WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. Kemp Broadcasting MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Kemp Broadcasting DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. Kemp Broadcasting DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS Kemp Broadcasting WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. Kemp Broadcasting DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS Kemp Broadcasting WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

Kemp Broadcasting IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR Kemp Broadcasting INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Links
This Kemp Broadcasting Website may contain links to websites operated by third parties. Kemp Broadcasting does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Kemp Broadcasting’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Third-Party Merchants
This Kemp Broadcasting Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Kemp Broadcasting. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Kemp Broadcasting does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Kemp Broadcasting will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee.

Modification/Termination by Kemp Broadcasting
Kemp Broadcasting reserves the right, in its sole discretion, to modify, suspend, or terminate this Kemp Broadcasting Website and/or any portion thereof, at any time for any reason with or without notice to you.

In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

Subscription Services
This Kemp Broadcasting Website may offer certain Kemp Broadcasting Subscription Services such as newsletters and Real Simple Syndication (“RSS”) feeds. By registering for a Kemp Broadcasting Subscription Service, you will be subject to any charges and rules set forth in the description of that service.

Contests/Sweepstakes
For Additional Terms applying to all contests or sweepstakes conducted by this Kemp Broadcasting Website, refer to this site’s contest rules.

Limitations on Liability
In no event shall Kemp Broadcasting, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Kemp Broadcasting Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Kemp Broadcasting Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Kemp Broadcasting Website or any information, software, products, services, and related graphics obtained through the Kemp Broadcasting Website; (vi) any transactions entered into through this Kemp Broadcasting Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Kemp Broadcasting Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Kemp Broadcasting Website. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Kemp Broadcasting has been advised of the possibility of damages.

Indemnification
You agree to indemnify, defend, and hold harmless Kemp Broadcasting, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Kemp Broadcasting Website. Kemp Broadcasting reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Kemp Broadcasting in asserting any available defenses.

International Use/U.S. Export Controls
Accessing materials on this Kemp Broadcasting Website by certain persons in certain countries may not be lawful, and Kemp Broadcasting makes no representation that materials on this Kemp Broadcasting Website are appropriate or available for use in locations outside the United States. If you choose to access this Kemp Broadcasting Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

The United States controls the export of any software downloadable from this Kemp Broadcasting Website. No software or any other materials associated with this Kemp Broadcasting Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Kemp Broadcasting Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

COPYRIGHT & TRADEMARK NOTICE

Use of Intellectual Property
The Kemp Broadcasting Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Kemp Broadcasting logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Kemp Broadcasting or by other parties that have provided rights thereto to Kemp Broadcasting.

You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Kemp Broadcasting Website, in whole or in part, without the express written permission of Kemp Broadcasting.

Other trademarks, service marks, product names and company names or logos appearing on this Kemp Broadcasting Website that are not owned by Kemp Broadcasting may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Kemp Broadcasting Website, or frame this Kemp Broadcasting Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Kemp Broadcasting Website in an email for commercial purposes, without the express written permission of Kemp Broadcasting.

 

Copyright Infringement
Kemp Broadcasting respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Kemp Broadcasting Website, you are granting permission to have this material posted on this Kemp Broadcasting Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Kemp Broadcasting reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Kemp Broadcasting may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement here.

Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:

By mail:

Kemp Broadcasting
Attn: DMCA Designated Agent
3999 South Las Vegas Blvd.  Suite K
Las Vegas, NV 89119

By Email

 

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right 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 infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kemp Broadcasting to locate the material.

(iv) Information reasonably sufficient to permit Kemp Broadcasting to contact the complaining party, such as an address, telephone number, and, if available, an email address.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.

INTERACTIVE SERVICE ADDITIONAL TERMS

You may participate in the Kemp Broadcasting Interactive Service by reading and agreeing to the Terms of Use Agreement and these Interactive Service Additional Terms, and by completing the registration form where one is provided. If you do not agree to abide by the Terms of Use Agreement and these Interactive Service Additional Terms, you may not participate in the Kemp Broadcasting Interactive Service.

You agree that you will not:

  • Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
  • Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Kemp Broadcasting Website, or any postings which advocate illegal activity.
  • Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
  • Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
  • Deliver, or provide links to, any postings containing defamatory, false or libelous material.
  • Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
  • Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
  • Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
  • Use this Kemp Broadcasting service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Kemp Broadcasting Website or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including by means uploading or transmitting to this Site or Kemp Broadcasting’s servers any computer viruses, Trojan horses, worms, or other disabling or harmful software intended to damage, interfere with, intercept or monitor surreptitiously, or take over another computer.
  • Attempt to gain unauthorized access to this Kemp Broadcasting Website, any related website, other accounts, computer system, or networks connected to this Kemp Broadcasting Website, through hacking, password mining, or any other means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Kemp Broadcasting Website, including harvesting or otherwise collecting information about others such as email addresses.

You are solely responsible and liable for postings delivered to the Kemp Broadcasting Website using your account. Any violation of these provisions can subject your Kemp Broadcasting account to immediate termination and, possibly, further legal action.

Kemp Broadcasting does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a Kemp Broadcasting interactive website by you or other users. Kemp Broadcasting is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Kemp Broadcasting reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. Kemp Broadcasting is not responsible or liable for damages of any kind arising from any postings even when Kemp Broadcasting is advised of the possibility of such damages, or from Kemp Broadcasting’s alteration or deletion of any posting.

The information and opinions expressed in postings on this Kemp Broadcasting Website are not necessarily those of Kemp Broadcasting or its content providers, advertisers, sponsors, affiliated or related entities, and Kemp Broadcasting makes no representations or warranties regarding that information or those opinions. Kemp Broadcasting does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

Unless otherwise provided, all postings to the Kemp Broadcasting Website automatically and immediately become the property of Kemp Broadcasting without any obligation of confidentiality. Kemp Broadcasting shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that Kemp Broadcasting does not retain exclusive ownership of any posting, then you hereby expressly grant to Kemp Broadcasting a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.

Effective: February 25, 2008 1:49:09 PM PST.