Certain products, services, or content available on this Web site may be governed by additional terms, which are posted in connection with those products, services and content. You must agree to these additional terms before using those areas. In the event of an irreconcilable inconsistency between any such additional terms and this Agreement, the additional terms shall control.
YOU MAY NOT USE THIS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS WEBSITE MAY BE TERMINATED IMMEDIATELY IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS OR FOR NO REASON.
Changes to this Agreement
This Agreement is effective as of October 14, 2009. We reserve the right, in our sole discretion, to modify, alter, or otherwise change this Agreement and/or any additional terms at any time, and such modifications, alterations, or other changes will be effective upon posting by us to this Web site. We will provide notice of such change on this Web site. Your continued use of this Web site constitutes your acceptance and agreement to be bound by these changes. If at any time you do not accept these changes, you must discontinue use of this Web site.
General Use of the Web Site
The content on this Web site, except User Submissions (as defined below), including without limitation, the articles, other text, photographs, images, illustrations, graphics, software, scripts, sounds, music, videos, interactive features and the trademarks, service marks and logos contained therein ("Content"), are owned by or licensed to KTTU-FM. Content on the Web site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of KTTU-FM. KTTU-FM reserves all rights not expressly granted in and to the Web site and the Content.
You agree not to use the Web site, for any commercial use, without prior written authorization of KTTU-FM.
You may inquire about obtaining consent by writing:
PO Box 3757
Lubbock, Texas 79452
Associated Press text, photo, graphic, audio/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal use. AP will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
As a KTTU-FM account holder you may submit video, text, files, images, photos, sounds or other materials ("User Submissions"). You understand that whether or not such User Submissions are published, KTTU-FM does not guarantee any confidentiality with respect to any User Submissions.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to KTTU-FM, you hereby grant KTTU-FM a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the KTTU-FM Web site and KTTU-FM’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the KTTU-FM Web site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the KTTU-FM Web site a non-exclusive license to access your User Submissions through the Web site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Web site and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the KTTU-FM Web site service. You understand and agree, however, that KTTU-FM may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant KTTU-FM all of the license rights granted herein.
You further agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.
KTTU-FM does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and KTTU-FM expressly disclaims any and all liability in connection with User Submissions. KTTU-FM does not permit copyright infringing activities and infringement of intellectual property rights on its Web site, and KTTU-FM will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. KTTU-FM reserves the right to remove Content and User Submissions without prior notice.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the KTTU-FM Web site.
You agree not to alter or modify any part of the Web site, including but not limited to KTTU-FM’s embeddable player or any other related technologies.
You agree not to access User Submissions or KTTU-FM Content through any technology or means other than the video playback pages of the web site itself, the KTTU-FM embedded player, or other explicitly authorized means KTTU-FM may designate.
If you use the KTTU-FM embedded player on your Web site, you must include a prominent link back to the KTTU-FM Web site including the pages containing the embedded player and you may not modify, build upon, or block any portion of the embedded player in any way.
If you use the KTTU-FM Uploader, you agree that it may automatically download and install updates from time to time from KTTU-FM. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit KTTU-FM to deliver these to you) as part of your use of the Uploader.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Web site in a manner that sends more request messages to the KTTU-FM servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, KTTU-FM grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. KTTU-FM reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Web site, nor to use the communication systems provided by the Web site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Web site with respect to their User Submissions.
You may access User Submissions solely:
• for your information and personal use;
• as intended through the normal functionality of the KTTU-FM Web site service; and
• for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the KTTU-FM Web site to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the KTTU-FM Web site service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the KTTU-FM Web site service or otherwise as prohibited under this Agreement.
You may access KTTU-FM Content, User Submissions and other content only as permitted under this Agreement. KTTU-FM reserves all rights not expressly granted in and to the Content and the KTTU-FM Web site service.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Web site for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the KTTU-FM Web site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the KTTU-FM Web site or the Content therein.
You understand that when using the KTTU-FM Web site, you will be exposed to User Submissions from a variety of sources, and that KTTU-FM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KTTU-FM with respect thereto, and agree to indemnify and hold KTTU-FM, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Accounts, Security, Passwords
If the Web site requires you to open an account, you must complete the specified registration process by providing complete and accurate information as requested by the applicable online registration form. You are responsible for maintaining the completeness and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have completed the registration form, you may be asked to choose a password and a user name. You are responsible for maintaining the confidentiality of your password and account. You are responsible for any and all activities that occur under your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the additional terms applicable to the Web site feature for which you are registered.
Privacy and Protection of Personal Information
We have developed a Privacy Statement in order to inform you of our practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking here.
Except where otherwise provided, access to and use of this Web site are currently available without charge. We reserve the right to charge a fee for access to or use of this Web site at any time in the future. Your access to or use of this Web site before such time does not entitle you to use of this Web site without charge in the future.
KTTU-FM reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. KTTU-FM may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. WE MAKE 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, WE DISCLAIM 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. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS 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. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WEBSITE FOR ANY PURPOSE. WE ARE 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 INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Limitations on Liability
In no event shall Ramar Communications, Inc., this station, their subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this Web site 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 this Web site; (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 this Web site or any information, software, products, services, and related graphics obtained through this Web site; (vi) any transactions entered into through this Web site; (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 Web site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this Web site and our Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages.
You agree to indemnify, defend, and hold harmless Ramar Communications, Inc., this station, their subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, demands, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your violation of any provision of this Agreement, any additional terms, the Privacy Statement, or any warranty you provide herein, or otherwise arising in any way out of your use of this Web site. We reserve the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will provide us with such cooperation as is reasonably requested by us.
This Web site may contain links to websites operated by third parties. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content 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 Ramar Communications, Inc.’s or this station’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
This Web site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, delivery, maintenance, and all other matters concerning the merchandise, services, information or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. We 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 charges or obligations you incur in your dealings with these third parties are your responsibility.
Software And Downloads Available Through This Web site
Any software that is made available to view and/ or download in connection with this Web site, including podcasts, audio streaming, or video streaming, is owned or controlled by us and/or our licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of such software is limited to private, non-commercial use and is also governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. We accept no responsibility or liability in connection with any software owned or controlled by third parties.
This Web site may offer certain interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively "Interactive Services"). Additional terms may cover these services, which appear on the pages where these services are available and can be found here.
This Web site may offer certain subscription services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "Subscription Services"). By registering for a Subscription Service, you will be subject to any charges and additional terms set forth in the description of that service.
This Web site may offer certain Interactive Services and Subscription Services conditioned on your payment of a fee ("Premium Service"). By using the Premium Service, you will be subject to any charges and rules set forth in the additional terms for that service, which appear on the ages where such services are available. A copy of Premium Service additional terms can be found here.
For additional terms applying to all contests or sweepstakes conducted by this Web site, refer to this site's contest or sweepstakes information.
This Agreement shall be governed by the laws of the State of Delaware, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you, Ramar Communications, Inc., or this station brings to enforce this Agreement or in connection with any matters related to this Web site and/or the Privacy Statement shall be brought only in either the state or Federal courts located in Wilmington, Delaware. You consent to the personal jurisdiction of the courts of the State of Delaware for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises, and that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and us with respect to the use of this Web site and shall not be modified except in writing, signed by an authorized representative of KTTU-FM.
If you have any questions or comments regarding this Agreement, the Privacy Statement, the practices of this Web site, or your dealings with this Web site, you may send them by email to KTTU-FM. You must send any official correspondence via postal mail to:
PO Box 3757
Lubbock, Texas 79452
Please include the web address, call letters or station's name. Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.
This Web site is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. We make no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.