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Welcome to KUMU 94.7 online personal networking service, operated by PeopleBridge, Inc. By using this online personal networking service, you accept and agree to be bound by the following terms and conditions (the "Terms of Service").
Changes To Terms and Conditions
We reserve the right to modify or terminate this Service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
Eligibility and Registration
You must be 13 years or older to use this Service. By registering for this Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. In addition, you must provide true, accurate and complete registration information to be a member of this online community. As part of the registration process, you will be asked to provide your email address (that will also serve as your login ID) and select a password and you will be responsible for all activities occurring under your login ID and for keeping your password secure. We may refuse to post any profile information provided by you that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Appropriate Conduct and Content; Personal Use Only
This Service is made available for your personal, non-commercial use only. Businesses, organizations and other legal entities may not use this Service for any purpose.
You may not use this Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on this Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.
Other examples of illegal or unauthorized uses include, but are not limited to:
* Modifying, adapting, translating, or reverse engineering any portion of this Service;
* Removing any copyright, trademark or other proprietary rights notices contained in or on this Service;
* Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or this Service;
* Collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
* Reformatting or framing any portion of the web pages that are part of this Service;
* Creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members.
* Submitting Materials of any third party without such third party's prior written consent;
* Directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent;
* Submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by Connections;
* Submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
* Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
* Submitting Materials that are unlawful or promote or encourage illegal activity; or
* Submitting false or misleading information.
While KUMU 94.7 prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use this Service at your own risk.
By submitting, posting or displaying any Materials on or through this Service, you automatically grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials.
Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy. Click here to review the Privacy Policy. You understand and agree that KUMU 94.7 may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of Connections to its affiliates or the public. Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.
Disclaimer of Warranties
KUMU 94.7 and its affiliates, licensors, partners, suppliers, consultants and agents disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on this Service. KUMU 94.7 disclaims any and all responsibility and liability for the conduct of any Member.
THIS SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THIS SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. KUMU 94.7 EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify KUMU 94.7 from and against any third party claim arising from or in any way related to your use of this Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, KUMU 94.7 will provide you with written notice of such claim, suit or action.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL KUMU 94.7 BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THIS SERVICE, WHETHER OR NOT KUMU 94.7 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THIS SERVICE, FROM INABILITY TO USE THIS SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THIS SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Term and Termination
These Terms of Service will apply to your use of this Service. You may terminate your membership immediately at any time, for any reason, by selecting the cancel account option in your profile. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use this Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Notices
KUMU 94.7 may provide you with notices regarding this Service or these Terms of Service by regular mail, email, or postings to this Web site.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of San Francisco, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Connections be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and template with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
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