This User Agreement ("Agreement") is a legal agreement between you and Montecito FM, Inc. ("KJEE") providing, among other things, the terms and conditions for your use of the Web site accessible at www.kjee.com ("Service").
Please read this Agreement carefully. By using the Service you agree to abide by all of the terms of this Agreement. If you do not agree to, or cannot comply with this Agreement, please do not use the Service. We may, from time to time, change this Agreement. We will post a copy of the changed Agreement on the Service. Your continued use of the Service constitutes your agreement to abide by this Agreement as changed. Any breach of this Agreement may result in termination of your access to the Service, without notice, in addition to the other remedies available to KJEE.
All of the information, content, services and software displayed on, transmitted through, or used in connection with the Service, including, for example, news articles, opinions, reviews, text, photographs, images, illustrations, audio, video, html, source and object code, software, data, and the like ("Content"), as well as its selection and arrangement, is owned by KJEE or its licensors. The Service is protected by copyright, trademark and other intellectual property laws of the United States and applicable international intellectual property laws.
Use Of The Service
You may use the Content solely for your personal, non-commercial use and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. However, KJEE does not represent or warrant that use of any Content will not infringe rights of third parties. If you operate a Web site and wish to link to the Service, you may do so provided you agree to remove such link immediately upon our request. The permitted use described in this paragraph is contingent upon your compliance at all times with this Agreement. No other use is permitted without our prior written authorization. Further, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service in any way that affects a user's experience, and not to use any data mining, data gathering or extraction methods.
Any comments, posts, feedback, notes, messages, materials, ideas, suggestions or other communications you submit on or through the Service ("Comments") are not private. By submitting Comments on or through the Service, you grant KJEE and its affiliates an irrevocable, royalty-free, worldwide, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works based upon such Comments, in any form, media, software or technology of any kind now existing or developed in the future. By submitting such Comments on or through the Service, you are confirming that (a) you are the sole author of the Comments and the Comments are original with you and not copied in whole or in part from any other work; (b) you have obtained all necessary permissions associated with the Comments, including without limitation permissions relating to copyrights, trademarks, rights of publicity and/or rights of privacy; and (c) the Comments are not libelous, obscene or otherwise in violation of applicable law or this Agreement. By submitting any such Comments on or through the Service, you grant KJEE and its affiliates permission to use your name and any other information (as provided by you) to attribute such Comments to you. You also grant KJEE and its affiliates the right to use any material, information, ideas, concepts, know-how or techniques contained in such Comments for any purpose whatsoever, including without limitation developing, manufacturing and marketing products, services or promotions using or inspired by such Comments. We are not responsible for the similarity of any of our Content or programming in any media to Comments submitted by you. All rights granted in this section are granted without the need for additional compensation of any sort to you.
You are responsible for maintaining the confidentiality of ANY passwords, and you are solely responsible for all activities that occur under your password. KJEE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD ANY PASSWORDS OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORDS.
Third Party Links
The Service may contain links to third party Web sites or Internet resources that are not owned or controlled by KJEE. KJEE's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify KJEE's endorsement of such other Web site or Internet resource or its contents. KJEE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEB SITE OR INTERNET RESOURCE.
Disclaimer of Warranty; Limitation of Liability
Although we try to provide accurate information on the Service, the materials may contain inaccuracies, errors and typographical errors. KJEE and its affiliates do not warrant the accuracy or completeness of the Content contained on the Service. We may make changes to the Content at any time without notice and make no commitment to update the Content.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE, THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, AND THE SOFTWARE MADE AVAILABLE ON OR THROUGH THE SERVICE, IF ANY, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND KJEE AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY THE SERVICE. KJEE AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE. KJEE AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR COMMENTS OR OTHER CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KJEE AND ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KJEE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, KJEE AND ITS AFFILIATES, SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE OF THE SERVICE; (2) KJEE OR ITS AFFILIATES' USE OF ANY COMMENTS OR OTHER CONTENT PROVIDED BY YOU; (3) COMMENTS OR OTHER CONTENT POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
Your right to use the Service automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Service. KJEE reserves the right, in its sole discretion, to terminate your access to all or part of the Service, for any reason, with or without notice.
KJEE may at any time transfer its rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliates, or to any entity that acquires KJEE or any of its assets.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the state and federal courts located in Santa Barbara County, California.
The Service is not intended for children under 13 years old. If you are under 13 years old, please do not use the Service.
Entire Agreement; Miscellaneous Provisions
This Agreement is the complete and entire agreement between you and KJEE and supersedes any prior agreement, whether written or oral. If for any reason any provision of this Agreement is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of KJEE to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver, at the time or in the future, of that right or provision or any other right or provision. The section titles used in this Agreement are for convenience only and have no legal or contractual effect.