K104FM.COM TERMS OF USE AGREEMENT
ELIGIBILITY AND ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to www.k104fm.com, "(the Site)", the official website for Radio Station
KKDA-FM/K104 Dallas-Fort Worth, TX. This site is owned and operated by
Service Broadcasting Corporation ("Service Broadcasting").
Unless specified otherwise on the Site, users must be at least 18 years or older
and a legal resident of the United States before participation in any contest,
sweepstakes or interactive activities. By your participation in our Site activities,
you certify that your are at least 18 years of age and meet any other eligibility
and residency requirements of the Site
Service Broadcasting provides its service subject to this Term of Use Agreement
("Terms of Use"). The Terms of Use states the terms and conditions forming the
agreement under which you may use the Site. Please read this page carefully. If
you do not accept this Terms of Use, please do not this website. By using this
Site, you understand, acknowledge and agree that you will abide by the Terms of
Use. The Site provides rules of participation for certain activities and services
including, but not without limitation, loyal listener/user clubs, award programs,
contest, sweepstakes, email and dating services. The Site's Additional Terms,
PRIVACY POLICY, and the Rules of Participation are hereby incorporated in this
Terms of Use. To the extent that there is a conflict between this Terms of Use and
the specific Rules of Participation for the activity in which you choose to
participate, this Agreement shall govern.
Service Broadcasting may revise this Terms of Use at any time without notice to
you. Such revisions are effective to you as a user of this Site immediately upon
posting. You should visit this page periodically to review the Agreement, because
they are binding on you. The terms "you" and "user" as used in this Agreement
refer to all individuals and/or entities accessing this Site for any reason.
COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS
The contents of this Site, including all software, design, text, artwork, images,
photographs, audio clips Video clips, and other material, including the selection
and arrangements thereof, names, logos, copyrights, Trademarks, service marks
and trade names (the "Material") are the property of Service Broadcasting and/or
Its subsidiaries, affiliates, assigns, licensors, the Site's design, hosting,
programming and contest management/prize fulfillment vendors(collectively
"operational service providers") and/or the Site's advertisers, sponsors, and
promotional partners (collectively "Advertisers"). The Material is protected,
without limitation, pursuant to United States and foreign copyright, trademark and
other applicable laws. Unauthorized use of the Material may violate such laws.
You understand, acknowledge and agree that the Site hereby grants you a
limited personal, non-exclusive, non-assignable and non-transferable license that
authorizes you to use and display the Material, provided that you retain all
copyright, trademark and other proprietary notices contained in the original
Material on any copy you may make of the Material, You further agree that you
will not, in whole or in part, sell, lease, rent exchange, reproduce, archive, modify,
create derivative works from, publish by hard copy or electronics means, publicly
perform display, disseminate, distribute, broadcast, retransmit, or circulate to any
third party or on any third party website, or otherwise use the Material in any way
for any public or commercial purpose without the express approval from Service
Broadcasting. The use of the Material on any other website or in a networked
computer environment for any purpose is prohibited. You are authorized to
download and view a single copy of the Material on the Site solely for your
personal, noncommercial use provided that you shall not, nor will you allow any
third party (whether or not for your benefit) to copy, adapt the object code of the
Site's software, HTML, JavaScript or reverse engineer, decompile, reverse
assemble, modify or attempt to discover any source code that the Site creates to
generate its pages on the website.
You acknowledge that access to, and use of, the Materials may not be lawful by
certain persons or in certain countries. You also understand, acknowledge and
agree that downloading of any object code or software by website users in
restricted countries is prohibited. If you access the Site from outside of the United
States, you do so at your own risk and are responsible for compliance with the
laws of your jurisdiction. Without the written permission of Service Broadcasting ,
you agree not to display or use in any manner, Service Broadcasting or the Site's
trademarks, including without limitation, Service Broadcasting and station names
and call letters, domain names, slogans, and contest and program names.
INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATION PROCESS
As stated above, we prohibit the posting of any information that violates or
infringes the intellectual property rights of any person or entity. If you believe that
your work has been copied and is accessible on this Site in a way that
constitutes a infringement, you contact us using the information below:
MR. CALMAN DONSKY
GARDERE AND WYNNE L.P.
1601 ELM STREET
DALLAS, TX. 75201
TELEPHONE 214-999-4565
EMAIL-cdonsky@gardere.com
USER CONDUCT
This Site may provide users with the opportunity to submit, post and/or exchange
information, data, text, software, music, photographs, graphics or artwork, video,
audio, messages or other materials ("Postings") whether publicly posted or
privately transmitted. You understand, acknowledge and agree that such
Postings are the sole responsibility of the person from which such Postings
originated. Users may not: 1) post material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright owner to post it; 2) post
material that reveals trade secrets, unless you own them or have the permission
of the owner to do so; 3) post material that infringes on any other intellectual
property rights of others or on the privacy or publicity rights of others; 4) post
material that is considered by the Site, in its sole judgment to be obscene,
indecent, defamatory, threatening, harassing, tortuous, abusive, hateful,
embarrassing or harmful to another user or any other person or entity; 5) post a
sexually-explicit image or statement; 6) post chain letters or pyramid schemes; or
7) post any incomplete, false, fraudulent or inaccurate biographical information or
general information which is not your own information, or impersonate another
person.
The Site does not represent or guarantee the truthfulness, accuracy, timeliness
or reliability of Postings by users and does not endorse any opinions, which
maybe expressed by any user. You further agree that any reliance on such
Postings by other users will be at your own risk. We do not regularly review,
screen or monitor the Site and we assume no obligation to do so and will not be
liable or responsible to any user for performance or nonperformance of such
material. If notified by a user of any Posting or communication which allegedly
does not conform to this Terms of Use, we may, in our sole discretion, investigate
the allegation and may thereafter determine, in our sole discretion, whether or
not to remove or request the removal of the material. You understand,
acknowledge and agree that we reserve the right to expel users and prevent their
further access to the Site for violating this Terms of Use or any applicable law,
and may remove communications which are considered to be, in our sole
judgment, unlawful, harmful, threatening, abusive, obscene, indecent , libelous,
disruptive, hateful, infringing, or racially, ethnically otherwise objectionable. You
also grant the Site, its owner and operator, parent company(s), affiliates,
successors and assigns, the royalty-free, worldwide, perpetual, irrevocable, nonexclusive
right (including any moral rights) and license to use, reproduce, modify,
adapt, publish, retransmit, translate, create derivative works from, distribute,
communicate to the public, publicly perform or display such content (in whole or
in part) and/or to incorporate it in other works to any form, media, or technology
now known or later developed, for so long as any rights exist in such content.
You also warrant that the holder of any rights, including moral rights in such
content, has completely and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the license set forth in this
agreement. You also permit any other user to access, view, store and reproduce
such content for such user's personal use. Subject to all of the foregoing, the
owner of such content placed on the Site retains any and all rights that may exist
in such content.
EMAIL
Email is an important communications channel for the Site and the Station. All
email sent to us should be generated by the person whose name the email
account is registered. Email users shall not mask their identity by using a false
name or another person's name or account. We will use your email address and
the content of any email for administrative and correspondence purposes and to
send you information that you may request.
Any non-personal content you provide to the Site by email, including, but not
limited to, feedback, data, answers, questions, comments, suggestions, plans,
ideas or the like, shall be deemed to be non-confidential and we assume no
obligation to protect such information from disclosure. You understand,
acknowledge, and agree that the submission
Of such information shall in no way prevent the purchase, manufacture or use of
similar products, services, plans and
Ideas by the Station, this Site and corporate affiliates, for any purpose whatever,
and we shall be free to reproduce, use, disclose and distribute such content
without restriction.
CONTESTS, SWEEPSTAKES AND OTHER MEMBERSHIP ACTIVITIES
To participate in various Site activities, users must complete a registration
process and may receive/select a "user name" and password. You understand,
acknowledge and agree that you are responsible for maintaining the
Confidentially of your Personal Information and Sensitive Personal Information
defined in the Privacy Policy and
The user name and password received upon registration on the Site. You will be
fully responsible for all uses of
Your registration and for any activity that occurs under your password or account,
whether or not authorized by you.
You further agree to immediately notify the Site of any unauthorized use of your
registration and/or password.
CHAT ROOMS, MESSAGE BOARDS AND OTHR PUBLIC AREAS
By use of or registration for any Site activity such as message boards, chat
rooms and other public forums (collectively
"Public Areas"), you understand, acknowledge, and agree that you are subject to
the following rules of conduct and the
Site's Privacy Policy. You further agree that we reserve the right, at our sole
discretion, to terminate your membership
or registration at any time, delete any or all of your postings, block access to your
membership file or profile(s) and/or
reject participation in any other activity or service provided to you by the Site. We
also reserve the right to take such
actions, with or without notice, and without any liability to the account holder and
user.
As an entertainment service tour users, this Site provides Public Areas that
enable users to interact with other users,
on-air talent and other Service Broadcasting personnel, and share commentary
on a variety of subjects. A variety
of subjects may be discussed via the Public Areas, however, use of such areas
may only be for lawful and non-commercial purposes. The Site specifically
prohibits certain uses and activities. You understand, acknowledge, and
agree that by access or registration on Public Areas or any interactive area of the
Site, you are prohibited from use of
the Site for any of the purposes below in addition to the conduct listed in the User
Conduct section of this Agreement:
1. Posting a profile for anything other than to participate in online discussion via
the Public Area.
2. Sending a message to a user for any reason other than to participate in online
discussions.
3. Deleting or revising any content or material posted by any other person or
entity.
4. Forging any TCP/IP packet header or any part of the header information in any
email posting for any reason.
ADVERTISING AND OTHER THIRD PARTY CONTENT
This Site provides banner and general advertising, and other content provided by
our Advertisers. You understand,
acknowledge, and agree that such third party content on this Site is not an
endorsement by Service Broadcasting of
the goods, services or messages conveyed in the content or the business
practice (including the privacy policies) of such third party content providers.
Users may from time to time enter into correspondence with or participation in
the advertising or promotions offered through the Site. However, all such
correspondence, including, without
limitations, and resulting contractual agreements are solely between the
Advertiser and User. You further agree that
the Site is not responsible for upholding any applicable terms, conditions,
representations of warranties made by
Advertisers or other third parties in connection with an agreement between users,
or the purchase of goods and services
offered by Advertisers or other third parties.
HYPERLINKS TO THIRD PARTY WEBSITES
This Site often provides links to third party websites and other resources that
could be of interest to our users, including
the websites of our Advertisers. You understand, acknowledge and agree that
these links are provided solely as a convenience to you and not as an
endorsement by the Site or Station of the content, advertising or business
practices (including the privacy policies) of such third party websites. These third
party websites may have different privacy
policies and business practices than we do. Therefore, we do not endorse, verify,
make any representations, or take
responsibility for the content, truthfulness, accuracy, quality or completeness of
the content or activities conducted
on such websites. You further agree that the Site, Service Broadcasting, its
owner and Operator, parent company(s), corporate affiliates, successors and
assigns, and their respective officers, directors, employees, representatives,
agents,
and operational service providers will not, under any circumstances, be
responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
your use of or reliance on the content,
advertising, for business practices of linked party sites.
SHOPPING & E-COMMERCE
This Site may offer various goods and services for sale ("Products"), or direct or
link to other websites that sell goods and services. We have no responsibility or
liability whatsoever for goods or services you may obtain from or through
other websites or web pages, even if you were directed or linked to such a site or
page through this Site.
We reserve the right to effuse or cancel orders placed for any Products sold on
this Site whether or not the order has been confirmed and even if your credit or
debt card account has been charged (in which event we will issue a credit to
your account in the amount of the charge).
EXCEPT AS SPECIFICALLY SET FORTH IN THIS TERMS OF USE, WE
EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR
RELATING IN ANY WAY AND ALL PRODUCTS, EXCEPT AS SPECIFICALLY
MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO ANY AND ALL
PRODUCTS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE
Our creation or transmission of an order confirmation does not signify final
acceptance of your order, nor constitute a
binding confirmation of an offer to sell any Product and we reserve the right to
accept or decline your order for any reason up until the time the Product is
actually delivered to you. We reserve the right at any time, without prior notice, to
limit or reduce the quantity you ordered of any Product and we will notify you if
we do so. Products on the Site are
offered for sale only to end user customers or as personal gifts to end user
customers and are not for commercial resale.
We do not accept orders from dealers, exporters, wholesalers, distributors,
resellers or other similar persons or companies, and reserve the right to refuse,
cancel or seek the return of any Products that are purchased in violation of the
foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and
applicable taxes will be added to the amount charged for Products purchased on
the Site.
If an order consists of multiple items, they may be shipped separately depending
on availability.
PRIVACY POLICY
To participate in various activities on the Site, you will be asked to provide certain
true, complete and current Personal
Information or Sensitive Personal Information. All Personal Information, Sensitive
Personal Information, and any
additional type information collected from users in general are subject to our
Privacy Policy, which is incorporated by
reference into this agreement. For more information, see our official Privacy
Policy.
By submitting content to any area of the Site open to the other users or the
general public (which includes, but is not
limited to, contests, emails regarding Station programming, or Public Areas, you
understand, acknowledge and agree
that your content will be considered "Public Material" and will not be subject to
the privacy protections generally afforded your Personal Information,
You further agree that the Site may save and archive any content of any nature
posted to the Site and that the Site may, without liability to any user, disclose
such content if required to do so by law or to comply with legal processes; to
respond to claims that any of the content violates the property, privacy, publicity
or any other rights of another individual, organization or corporation; or to protect
the rights, property or safety of the Station, the Site, its corporate
affiliates, advertisers, employees, suppliers, operational service providers, users
and members of the public.
MODIFICATION, SUSPENSION OR DISCONTINUANCE OF SITE.
The Site reserves the right, at it's sole discretion and at any time, to modify or
discontinue any service (or any part thereof ) offered on the Site, on a temporary
or permanent basis, with or without notice. You understand , acknowledge
And agree that the Site will not be liable to you or to any third party for such
modification, suspension or discontinuance of the service offered by the Site.
SECURITY OF THE SITE
The Site's loyal listener/user and other membership activities are to be accessed
only by registered users of the Site which should have only one unique user
name with one unique password If you are found to share passwords with any
non- registered member we will terminate your membership immediately without
notice.
As a user of this Site, the following actions are also prohibited:
1. Accessing data not intended for such user or logging into a server or
account in which the user is not authorized to access.,
2. Attempting to probe, scan or test the vulnerability of the system or
network or to breach the security or authentication measures of the
Site without proper authorization.
3. Forging any headers or otherwise manipulation of Site identifiers in
order to disguise the origin of transmission through the Site.
4. Attempting to interfere with service to any user, host or network,
including , without limitation, via means of submitting a virus to the
Site, overloading, "flooding," "spamming," 'mail bombing," or
"crashing" the Site or the server of any user.
5. Sending unsolicited commercial email individually or in bulk (also
called, Spam), which promotes.or advertises the Station, the Site, or
any other activity, program, product, or service.
6. Harvesting email addresses off this Site through an automated
process.
7. Bypassing this Site's homepage via deep-linking or any other means,
or framing this Site, or any webpage or material on the Site without the
express written permission from Service Broadcasting. Users are also
prohibited from hyper linking to this Site or any webpage in an email
sent for commercial purposes, without the express written permission
of Service Broadcasting.
8. Attempting to gain unauthorized access to the Site's features or
activities, interfering with or manipulating the entry or registration
process for contests, sweepstakes, surveys, opinion polls, chat rooms,
message or bulletin boards, or any other interactive features and
activities on this Site.
9. Falsifying identification or impersonating any person or entity,
including, but not limited to, a Site or Station official, chat room or
public forum leader, host, or guide, when accessing or participating in
such features and activities.
10.Setting up fake sites or other dummy sites that appear to be the Site,
mirroring the Site's contents, or otherwise copying any part of the
Material and/or layout.
11. Violations of the Site's system or network security may result in civil or
criminal liability. The Site will investigate possible violations of system
or network security and may involve , and cooperate with a user's
employer, Internet Service Provider, and/or law enforcement authorities
in investigating and/or prosecuting users who are involved in such
violations. The Site will also terminate the membership of any person
that the Site believes, to its sole judgment, to have violated its security
provisions.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You understand, acknowledge, and agree to defend, indemnify, and hold
harmless Service Broadcasting, corporate affiliates, successors and assigns,
Advertisers, suppliers and operational service providers and their respective
officers,
directors, employees, representatives and agents, or others involved in creating,
promoting or otherwise making
available this Site from and against any claims, actions, costs, expenses, or
demands, including without limitation, reasonable legal and accounting fees,
resulting from any content you submit, post to or transmit through this Site, your
use of the Site, your violation of the Terms of Use, your violation of any rights of
another, or otherwise arising out of your use of this Site in any manner. The Site
will attempt to provide notice to you promptly of any such claim, suit, or
proceeding and will assist you, if requested and at your expense, in defending
any such claim, suit or proceeding.
We reserve the right to take exclusive control and defense of any such claim
subject to indemnification by you, in which event you will cooperate fully with
Service Broadcasting in asserting any available defenses.
The Site and its Material may contain technical inaccuracies, typographical
errors, and out of date information. The Site makes no representations about the
accuracy, reliability, completeness, or timeliness of the Site or the Material, and
the Site makes no warranty that the Site will meet your requirements. You
understand, acknowledge, and agree that the use of the Site and the Material is
at your own risk. The Site reserves the right to make changes to the Site and
Material at any time.
IN NO EVENT SHALL THE SITE, SERVICE BROADCASTING, ITS PARENT
COMPANY(S), CORPORATE AFFILIATES, SUCCESSORS OR ASSIGNS, AND
THE SITE'S ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE
PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES AND AGENTS, ASSUME OR HAVE ANY
RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, LOST SAVINGS, LOSS OF GOOD WILL, OR
YOUR USE OR YOUR INABILITY TO USE THE SITE, OR BUSINESS
INTERRUPTION RESULTING FROM THEUSE OR INABILITY TO USE THIS
SITE, OR THE USE AND/OR APPEARANCE OF THE MATERIAL ON THIS
SITE, ACCESS TO ANY HYPERINK ON THIS SITE, UNAUTHORIZED ACCESS
TO OR TAMPERING WITH YOUR PERSONAL INORMATION OR
TRANSMISSIONS, OR ANY OTHER INTANGIBLE , WHETHER BASED ON
WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT SERVICE
BROADCASTING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER OF WARRANTIES
THE SITE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERRORFREE
OR THAT THE SITE AND ITS SERVER OR SOFTWARE IS FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS, YOUR USE OF
THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK.
IF YOR USE OF THE SITE, SOFTWARE, OR THE MATERIAL RESULTS IN
THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU
UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE SITE IS NOT
RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE SITE, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE
AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTIES ABOUT THE
ACCURACY, REIABILITY, COMPLETENESS, OR TIMELINESS OF THE
MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, VIDEO CLIPS, AUDIO
CLUIPS, GRAPHICS AND ARTWWORK, IMAGES, PHOTOGRAPHS, OTHER
MATERIAL, LINKS AND OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DDDDAMAGES, AND SOME OF THE DISCLAIMERS IN
THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.
NOTWITHSTAND ANY OTHER PROVISION OF THIS TERMS OF USE, you
understand and agree that the aggregate liability for Service Broadcasting to
users for all claims arising from YOUR ACCESS, USE or inability to access or
USE THIS SITE OR any of the Material OR SOFTWARE is limited to $1.00 (one
dollar and Zero Cents).
USER TERMINATION
The Site reserves the right, at its sole discretion, to terminate your membership
or registration at any time, delete any or all of your Postings, or block access to
the Site and/or any other service provided to you. The Site reserves the right to
take such actions, with or without notice, for any reason or for no reason, and
without any liability to the account holder or user.
LEGAL, VENUE, GENERAL AND CONTACT INFORMATION
The Terms of Use is governed by the laws of the State of Texas, without respect
to its conflict of laws provisions. Jurisdiction for any claims arising under this
Terms of Use shall lie exclusively with the state or federal courts of Texas. You
agree to submit to the personal jurisdiction of the courts in the State of Texas for
any cause of action arising out of this Terms of Use.
If any provision of this Terms of Use, or the application thereof to any person or
circumstances, is found to be invalid or for any reason, unenforceable by any
court having competent jurisdiction, the invalidity or unenforceability of such
provision shall not affect the validity and application of the remaining provisions
which shall remain full force and effect. No waiver of any term of the Terms of
Use shall be deemed a further or continuing waiver of such terms or any other
term. Expect as expressly provided in this Terms of Use, in a particular "Legal
Notice," or Software License or material on particular Web pages, Terms of Use
constitutes the entire agreement between you and the Site with respect to the
use of the Site.
No changes to this Terms of Use shall be made except by a revised posting on
this page and no advice or other information provided by the Site or its
representatives to any user in any manner which is not posted on this page will
constitute any amendment of, waiver or change to this Terms of Use, unless such
an amendment, waiver or change is in writing from an authorized office or
representative of Service Broadcasting.
The section titles in this Agreement are for your convenience only and do not
have any legal or contractual effect.
If you have any questions, please contact Service Broadcasting at 972-263-9911.

THIS TERMS OF USE AGREEMENT WAS LAST UPDATED ON JULY 18, 2007
TM & (c) 2007 Service Broadcasting Group, Ltd.