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By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Content License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on KOOP Radio's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not, except as otherwise noted herein or on this site:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on KOOP Radio's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by KOOP Radio at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Registered User Obligations

In order to use this web site or certain parts of it, you may be required to register for an account on this web site; in this case, you agree to provide truthful information when requested, and -- if a minimum age is required for eligibility for a user account -- you undertake that you are at least the required age. By registering for a user account, you explicitly agree to this site's Terms & Conditions of use, including any amendments made from time to time. Registration data and other personally identifiable information that the site may collect is subject to the terms of the Privacy Policy.

  1. You are responsible for maintaining the confidentiality of your password, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify KOOP Radio of any unauthorized use of your user account, user name or password.
  2. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this web site may expose you to content that may be objectionable or offensive, although KOOP Radio will take steps to remove such materials upon notification. KOOP Radio will not be responsible to you in any way for content displayed on this web site, nor for any error or omission.
  3. You will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
  4. You will not impersonate or misrepresent your association with any person or entity; you will not forge nor otherwise seek to conceal or misrepresent the origin of any content provided by you;
  5. You will not collect or harvest any information about other users;
  6. You will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the prior written consent of KOOP Radio; 
  7. You will not provide any content that may give rise to the KOOP Radio being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including – but not limited to – laws relating to copyrights, trademarks, patents, or trade secrets.
  8. By providing any content to this web site:
    1. you agree to grant KOOP Radio a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
    2. you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the KOOP Radio the license specified herein;
    3. you acknowledge and agree that KOOP Radio will have the right (but not obligation), at the entire discretion of KOOP Radio, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

Revisions and Errata

The materials appearing on KOOP Radio's web site could include technical, typographical, or photographic errors. KOOP Radio does not warrant that any of the materials on its web site are accurate, complete, or current. KOOP Radio may make changes to the materials contained on its web site at any time without notice. KOOP Radio does not, however, make any commitment to update the materials.

Links

KOOP Radio has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by KOOP Radio of the site. Use of any such linked web site is at the user's own risk.

Reservation of rights

KOOP Radio reserves all of their inherent rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that KOOP Radio may have in respect of this web site, its content, and goods and services that may be provided. The use of the KOOP Radio rights and property requires prior written consent by KOOP Radio. By making services available to you, KOOP Radio is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without the prior written consent of KOOP Radio.

Disclaimer of Warranties

The materials on KOOP Radio's web site are provided "as is". KOOP Radio makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, KOOP Radio does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND KOOP RADIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

KOOP RADIO MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER KOOP RADIO NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT KOOP RADIO WILL NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

Limitation of Liability

In no event shall KOOP Radio or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on KOOP Radio's Internet site, even if KOOP Radio or a KOOP Radio authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KOOP RADIO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KOOP RADIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

Severability

In the event that any provision of these Terms & Conditions is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of use will remain valid and applicable. The failure of either party to assert any right under these Terms of use will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect. You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation. KOOP Radio may assign itself rights and obligations under these Terms & Conditionis of use; in this event, KOOP Radio will be relieved of any further obligation.

Modifications

KOOP Radio may revise these Terms & Conditions for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions.

Governing Law

Any claim relating to KOOP Radio's web site shall be governed by the laws of the Travis County, in the State of Texas without regard to its conflict of law provisions.

2011/5/6 17:55:00

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