TERMS
OF SERVICE
Intellectual Property
Rights
Our Limited License to You. This Site and all the
materials available on the Site are the property of us and/or our affiliates or
licensors, and are protected by copyright, trademark, and other intellectual
property laws. The Site is provided solely for your personal noncommercial use.
You may not use the Site or the materials available on the Site in a manner
that constitutes an infringement of our rights or that has not been authorized
by us. More specifically, unless explicitly authorized in these Terms of
Service or by the owner of the materials, you may not modify, copy, reproduce,
republish, upload, post, transmit, translate, sell, create derivative works,
exploit, or distribute in any manner or medium (including by email or other
electronic means) any material from the Site. You may, however, from time to
time, download and/or print one copy of individual pages of the Site for your
personal, non-commercial use, provided that you keep intact all copyright and
other proprietary notices. Information about requesting permission to reproduce
or distribute materials from the Site can be obtained by contacting Brad
Pollitt 312 E. Kings Hwy.,
Shreveport LA 71104.
Your License to Us. By posting or submitting any material
(including, without limitation, photos and videos) to us via the Site, you are
representing: (i) that you are the owner of the material, or are making your
posting or submission with the express consent of the owner of the material;
and (ii) that you are thirteen years of age or older. In addition, when you
submit or post any material, you are granting us, and anyone authorized by us,
a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide
license to use, copy, modify, transmit, sell, exploit, create derivative works
from, distribute, and/or publicly perform or display such material, in whole or
in part, in any manner or medium, now known or hereafter developed, for any
purpose. The foregoing grant shall include the right to exploit any proprietary
rights in such posting or submission, including, but not limited to, rights
under copyright, trademark, service mark or patent laws under any relevant
jurisdiction. Also, in connection with the exercise of such rights, you grant
us, and anyone authorized by us, the right to identify you as the author of any
of your postings or submissions by name, email address or screen name, as we
deem appropriate.
Limitations on Linking and Framing. You may establish
a hypertext link to the Site so long as the link does not state or imply any
sponsorship of your site by us or by the Site. However, you may not, without
our prior written permission, frame or inline link any of the content of the
Site, or incorporate into another website or other service any of our material,
content or intellectual property.
Notice of Copyright Infringement. If you are a
copyright owner who believes your copyrighted material has been reproduced,
posted or distributed via the Site in a manner that constitutes copyright infringement,
please inform our designated copyright agent by sending written notice by U.S.
Mail to Brad Pollitt 312 E. Kings Hwy., Shreveport.
LA 71112. Please include the following information in your written notice: (1)
a detailed description of the copyrighted work that is allegedly infringed
upon; (2) a description of the location of the allegedly infringing material on
the Site; (3) your contact information, including your address, telephone
number, and, if available, email address; (4) a statement by you indicating
that you have a good-faith belief that the allegedly infringing use is not
authorized by the copyright owner, its agent, or the law; (5) a statement by
you, made under penalty of perjury, affirming that the information in your
notice is accurate and that you are authorized to act on the copyright owner's
behalf; and (6) an electronic or physical signature of the copyright owner or
someone authorized on the owner's behalf to assert infringement of copyright
and to submit the statement. Please note that the contact information provided
in this paragraph is for suspected copyright infringement only. Contact
information for other matters is provided elsewhere in these Terms of Service
or on the Site.
Disclaimers
Throughout the Site, we have provided links and pointers to
Internet sites maintained by third parties. Our linking to such third-party
sites does not imply an endorsement or sponsorship of such sites, or the
information, products or services offered on or through the sites. In addition,
neither we nor our parent or subsidiary companies nor any of our respective
affiliates operate or control in any respect any information, products or
services that third parties may provide on or through the Site or on websites
linked to by us on the Site.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH
THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF
ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT
MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON
THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all hardware
and/or software necessary to access the Site. You assume the entire cost of and
responsibility for any damage to, and all necessary maintenance, repair or
correction of, that hardware and/or software.
Events Beyond Our Control
You
expressly absolve and release KTBS, Inc. from any claim of harm resulting from
a cause beyond its control including, but not limited to, the failure of
electronic or mechanical equipment or communication lines, telephone or other
interconnect problems, computer viruses or software failures, unauthorized
access, theft, operator errors, severe weather, earthquakes, or natural
disasters, strikes or other labor problems, wars, terrorism or governmental
restrictions.
Use of Company Directories
The information contained in any company directories that may
be provided on the Site is provided for business lookup purposes and is not to
be used for marketing or telemarketing applications. This information may not
be copied or redistributed and is provided "AS IS" without warranty
of any kind. In no event will we or our suppliers be liable in any way with
regard to such information.
Interactive Features
This Site may include a variety of features, such as bulletin
boards, web logs, chat rooms, and email services, which allow feedback to us
and real-time interaction between users, and other features, such as personalized
home pages and email services, which allow users to communicate with others.
Responsibility for what is posted on bulletin boards, web logs, chat rooms, and
other public posting areas on the Site, or sent via any email services on the
Site, lies with each user - you alone are responsible for the material you post
or send. We do not control the messages, information or files that you or
others may provide through the Site. It is a condition of your use of the Site
that you do not:
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Restrict or inhibit any other user from using and enjoying the Site.
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Use the Site to impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or entity.
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Interfere with or disrupt any servers or networks used to provide the
Site or its features, or disobey any requirements, procedures, policies or
regulations of the networks we use to provide the Site.
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Use the Site to instigate or encourage others to commit illegal activities
or cause injury or property damage to any person.
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Gain unauthorized access to the Site, or any account, computer system,
or network connected to this Site, by means such as hacking, password mining or
other illicit means.
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Obtain or attempt to obtain any materials or information through any
means not intentionally made available through this Site.
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Use the Site to post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, national or
international law.
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Use the Site to post or transmit any information, software or other
material that violates or infringes upon the rights of others, including
material that is an invasion of privacy or publicity rights or that is
protected by copyright, trademark or other proprietary right, or derivative
works with respect thereto, without first obtaining permission from the owner
or rights holder.
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Use the Site to post or transmit any information, software or other
material that contains a virus or other harmful component.
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Use the Site to post, transmit or in any way exploit any information,
software or other material for commercial purposes, or that contains
advertising.
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Use the Site to advertise or solicit to anyone to buy or sell products
or services, or to make donations of any kind, without our express written
approval.
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Gather for marketing purposes any email addresses or other personal
information that has been posted by other users of the Site.
You understand that we have no obligation to monitor any
bulletin boards, chat rooms, web logs, or other areas of the Site through which
users can supply information or material. However, we reserve the right at all
times to disclose any information we believe necessary to satisfy any law,
regulation or governmental request, or to refuse to post or to remove any
information or materials, in whole or in part, that in our sole discretion are
objectionable or in violation of these Terms of Service. We also reserve the
right to deny access to the Site or any features of the Site to anyone who
violates these Terms of Service or who, in our sole judgment, interferes with
the ability of others to enjoy our website or infringes the rights of others.
User Submissions
KTBS,
Inc. also welcomes your feedback and suggestions about how to improve this
Site. Any ideas, suggestions, information, know-how, material, or any other
content (collectively, "Submissions") received through this Site, however, will
be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right
and license for this Site to adopt, publish, reproduce, disseminate, transmit,
distribute, copy, use, create derivative works of, display (in whole or part)
worldwide, or act on such Submissions without additional approval or
consideration, in any form, media, or technology now known or later developed
for the full term of any rights that may exist in such Submissions. You hereby
waive any claim to the contrary.
Registration
To access certain features of the Site, we may ask you to
provide certain demographic information including your gender, year of birth,
zip code and country. In addition, if you elect to sign-up for a particular
feature of the Site, such as chat rooms, web logs, or bulletin boards, you may
also be asked to register with us on the form provided and such registration
may require you to provide personally identifiable information such as your
name and email address. You agree to provide true, accurate, current and
complete information about yourself as prompted by the Site's registration
form. If we have reasonable grounds to suspect that such information is untrue,
inaccurate, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Site (or any
portion thereof). Our use of any personally identifiable information you
provide to us as part of the registration process is governed by the terms of
our Privacy Policy.
Passwords
To use certain features of the Site, you will need a username
and password, which you will receive through the Site's registration process.
You are responsible for maintaining the confidentiality of the password and
account, and are responsible for all activities (whether by you or by others)
that occur under your password or account. You agree to notify us immediately
of any unauthorized use of your password or account or any other breach of
security, and to ensure that you exit from your account at the end of each
session. We cannot and will not be liable for any loss or damage arising from
your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS
MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR
SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF
THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR
SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE
ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF
YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE
SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.
Assumption of Risk
You use
the Internet solely at your own risk and subject to all applicable local,
state, national, and international laws and regulations. While KTBS, Inc. has
endeavored to create a secure and reliable Site, please be advised that the
confidentiality of any communication or material transmitted to/from this Site
over the Internet cannot be guaranteed. Accordingly, KTBS, Inc. is not
responsible for the security of any information transmitted via the Internet,
the accuracy of the information contained on the Site, or for the consequences
of any reliance on such information. KTBS, Inc. shall have no liability for
interruptions or omissions in Internet, network or hosting services. You assume
the sole and complete risk of using this Site.
Indemnification
You agree
to indemnify and hold harmless KTBS, Inc., its affiliates, and all of their
officers, directors, employees, legal representatives, agents, successors and
assigns, from and against any damages, liabilities, costs and expenses
(including reasonable attorneys' and professionals' fees and court costs) arising
out of any third-party claims based on or related to your use of this Site or
any breach by you of these Terms and Conditions.
Termination
We may cancel or terminate your right to use the Site or any
part of the Site at any time without notice. In the event of cancellation or
termination, you are no longer authorized to access the part of the Site
affected by such cancellation or termination. The restrictions imposed on you
with respect to material downloaded from the Site, and the disclaimers and
limitations of liabilities set forth in these Terms of Service, shall survive.
Other
This agreement constitutes the entire agreement between us
and you with respect to the subject matter contained in this agreement and
supersedes all previous and contemporaneous agreements, proposals and
communications, written oral. You also may be subject to additional terms and
conditions that may apply when you use the products or services of a third
party that are provided through the Site. In the event of any conflict between
any such third-party terms and conditions and these Terms of Service, these
Terms of Service shall govern. This agreement shall be governed by and
construed in accordance with the laws of the State of Louisiana without giving effect to any
principles of conflicts of law. If any provision of this agreement shall be
unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions.
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