Brooke Communications, Inc.
TERMS OF USE
User Agreement
This website is owned by Brooke Communications, Inc., and its radio stations, KQEN, KRSB-FM, KKMX, KSKR and KSKR-FM (“Brooke”), which provide this 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 website. Your use of this 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 website. This Agreement sets forth Brooke’s policies with respect to its operation of this website.
Changes
Brooke may update or modify this Agreement from time to time without prior individual notice by posting a revised Agreement on the website, so please check this page again for changes from time to time. Your continued use of the website will constitute your acceptance of any such changes.
Submissions
You represent and warrant that you are the owner or otherwise are authorized or have the right to provide any information or materials that you post, upload or transmit for use on the website. You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through our website.
You hereby grant Brooke, its affiliates and third-party providers an irrevocable, royalty-free, perpetual, non-exclusive worldwide license to use, copy, display, modify, edit and create derivative works from and distribute any information or materials that you post, upload or transmit to the website. Brooke, its owners, directors, officers, employees, affiliates, agents, and third-party providers will not be responsible for the action of any user, visitor or third party with respect to any information, material or content posted, uploaded or transmitted to the website. You agree to indemnify and hold Brooke, its owners, directors, officers, employees, affiliates, agents, and third-party providers harmless from any claim or demand, including reasonable attorney fees and costs, made by any party arising out of information or materials that you post, upload, transmit or submit to our website.
We have the right in our sole discretion, for any reason or for no reason, to decline to post any information or materials that you submit for the website, and, at any time, to remove any submitted information or materials that are posted to the website.
If you believe in good faith that information or materials on the website infringe on your copyright, you or your agent may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), requesting that we remove or block access to the claimed infringing material. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.loc.gov/copyright. Notices and counter-notices should be sent to:
Brooke Communications, Inc.
1445 W. Harvard
Roseburg, OR 97471
Email: pat@bciradio.com
Downloads
Any software that is made available to view and/or download from this website, including podcasts, audio streaming, or video streaming (“Software”), is owned or controlled by Brooke and/or licensors, affiliates and suppliers, and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Brooke accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
External Links
Our website has links to other third-party websites. This linking does not necessarily constitute our endorsement or approval of the content of their websites or of their policies, products, services, or opinions. These links are being provided as a convenience and for informational purposes only. Brooke bears no responsibility for the accuracy, legality or content of an external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.
Without the express written permission of Brooke, you are prohibited from framing the Brooke website or linking to any page other than Brooke’s homepage.
Third-Party Merchants
This website may enable you to order and receive products, information and services from businesses that are not owned or operated by Brooke. 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. Brooke 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 or availability of such products or services. Brooke 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.
From time to time, Brooke obtains items from third parties in connection with its contests and promotions. Brooke does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the suitability, usefulness, quality or availability of such products, information, or services.
Privacy Policy
Please refer to our Privacy Policy which is hereby incorporated by reference. The policy informs you of Brooke’s practices with respect to the online collection, use, and disclosure of personal information. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests.
This site may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
Warranty and Disclaimer
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Website content is not intended to, and does not, constitute legal or professional advice or diagnosis, and may not be used for such purposes. You should not act or refrain from acting on the basis of any content included in, or accessible through, our website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue, from a lawyer or professional licensed in your state, country or other appropriate licensing jurisdiction.
Limitation of liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF OR THE INABILITY TO USE OUR WEBSITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Jurisdiction and venue
You agree that any action at law or in equity arising out of or relating to these terms of use or our website shall be filed, and that venue properly lies, only in courts located in Douglas County, Oregon, or the federal Oregon District Court, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that the content on our website is appropriate or available for use in any particular location. Those who choose to access our website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
General provisions
These terms of use shall be governed by and construed in accordance with the laws of the State of Oregon and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word “including” is used illustratively, as if followed by the words “but not limited to.” All trademarks appearing on this website are the property of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the written permission of the party that may own the applicable trademark.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
These Terms of Use were last updated on or about February 1, 2010.