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KSBI Terms and Conditions
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USE OF THIS WEB SITE AND THE SERVICES AVAILABLE ON THIS WEB SITE, IS SUBJECT TO THE TERMS AND CONDITIONS OF USE WHICH ARE SET FORTH BELOW ("TERMS OF USE"). THESE TERMS OF USE ARE A LEGAL CONTRACT BETWEEN FAMILY BROADCASTING GROUP, INC. ("FBG") AND YOU, THE USER ACCESSING OR USING THE FBG WEB SITE ACCESSIBLE THROUGH THE URL @ www.ksbitv.com___ (the "Site"). BY OPENING ANY PAGES OF THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS OF USE, JUST AS IF YOU HAD SIGNED THEM. YOU ALSO CONSENT TO THE COLLECTION AND USE OF INFORMATION AS SET FORTH IN GREATER DETAIL IN OUR PRIVACY STATEMENT. SHOULD YOU DECIDE TO PURCHASE ADVERTISING ON THE SITE, YOU WILL BE BOUND BY SEPARATE AND ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. USING THIS SITE OR REGISTERING FOR ANY SERVICE AVAILABLE ON THIS SITE SIGNIFIES YOUR CONSENT TO BE BOUND BY THESE TERMS OF USE.
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1. |
Terms of Use: FBG hereby grants you a limited, non-exclusive, non-transferable right to access and use services and information supplied and generated by FBG on the Site (collectively, the "Service") subject to these Terms of Use.
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Scope of Terms of Use: You may not use the Service to: (i) perform any activity which is or may be, directly or indirectly, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach a third party right; (iii) engage in commercial activities, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any information offered on the Service.
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Change of Terms of Use: FBG is permitted, at any time and for whatever reason, to limit, deny, create different priorities to different users, or cancel some or all of the functionality of the Service, without prior notice. FBG may elect in its sole discretion to condition the continuation of these Terms of Use, by you accepting improvements, corrections, adaptations, conversions to more recent Service versions or any other changes to the Service, to these Terms of Use, to general terms relating, among other things, to privacy and use policies.
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Copyrights: FBG grants you the privilege of accessing and viewing the Service, text, graphics, audio, design, images, charts and other content (the "FBG Content") on the Site solely for your personal, non-commercial use. Girafa may revoke such privilege at any time with or without notice for any reason or no reason. Any and all FBG Content, software and other works on the Site and any reproductions of any of the foregoing (collectively, the "Works") are copyrighted works of FBG and/or its licensors or suppliers, and are protected under U.S. and worldwide copyright laws and international copyright treaties. Other than the limited grant of access to and viewing of the FBG Content set forth above, FBG grants you no other privileges or rights in any of the Works. You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, display, performance, translation, reverse engineering, decompilation or disassembling, creation of derivative works, exporting, selling, licensing, renting, leasing, transferring or otherwise transferring rights to the Works, or remove any proprietary notices or labels on the Works, without the prior written permission of FBG, is strictly prohibited.
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Trademarks: FBG and all page headers, custom graphics, logos, and button icons are service marks, trademarks and/or trade dress (collectively, the "Marks") of FBG. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from FBG.. Without limiting the generality of the foregoing, FBG specifically prohibits the use of any Mark as a "hot" link to the Site unless the establishment of such a link is approved in advance by FBG in writing. Failure to obtain such approval shall entitle FBG to seek an injunction enjoining such use. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners.
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Privacy Policy: FBG respects the privacy of its users, and has created a Privacy Statement that explains users' rights and responsibilities with respect to personal information disclosed on this Site.
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7. |
Acknowledgments relating to Service: You expressly acknowledge and agree that:
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7.1. |
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. FBG AND ITS LICENSORS AND SUPPLIERS MAKE NO, AND EXPRESSLY DISCLAIM ALL WARRANTIES ANDCONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT REGARDING THE SERVICE. NEITHER FBG NOR ITS LICENSORS OR SUPPLIERS WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, AVAILABILITY, COMPLETENESS, RELIABILITY, OR CURRENTNESS OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
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7.2. |
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE IS ASSUMED BY YOU, INCLUDING WITHOUT LIMITATION ANY RISK OF THE INTRODUCTION OF COMPUTER VIRUSES, LOSS OF COMPUTER DATA, INVASION OF PRIVACY AND ANY RISK ARISING OUT OF ANY CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS OF USE AND THE PROVISIONS OF THIS SECTION 7 REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN FBG AND YOU.
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8. |
Acknowledgments relating to Information available through the Service: User expressly acknowledges and agrees that:
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8.1. |
FBG uses an automated process to retrieve information (such as images of web sites, home pages, pictures, links and the like) from the Internet for transmission to its users from FBG's servers, and such automated process is also used to update and refresh previously collected information from time to time. As a result of this automated process, there might be a possibility that you receive information that is not up to date. Furthermore, the information that you may be exposed to, or receive, or use with, the Service is not reviewed, controlled, examined, verified or endorsed by FBG in any way and is the sole responsibility of the person from whom such information originated. You shall be solely and entirely responsible for all information that you download, upload, send or otherwise access via the Service and you shall independently determine whether you have adequate legal rights to store, link to, browse in, or otherwise make use of such information or whether such information complies with any legal rule, including but not limited to, rules of copyright, secrecy, defamation, decency, privacy, security and export. FBG expressly disclaims any responsibility for the content, the accuracy, integrity or quality of such information and/or products or services, nor any reliance on such information including any damage deletion erasure or other change of such information for any reason whatsoever.
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8.2. |
The Service may contain features that link you to third party web sites or services. Participation in promotions or advertising of products and services found on the Service, including order, purchase, payment and delivery of any related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the specific advertiser. You decide whether to click on advertising or sponsorship banners on the Site and whether to make purchases from such third parties. You agree that FBG will not be liable in any way for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such promotion or advertising materials on the Service.
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8.3. |
The Service and the Site are intended to be used by persons that are at least 14 years old. If you are younger than 14 years old, you may not access the Site and you are specifically prohibited from downloading, registering for, or otherwise using the Service or ordering products or services from FBG via the Site. By using the Service, you warrant to FBG that you are above the age of 14. If you are a parent or other person charged with the care of persons younger than 14 years old, you agree to restrict access to the Site through your computers to persons who are at least 14 years old. In addition, parents and guardians of children 14 or older acknowledge that the Service is designed to appeal to a broad audience and that it is the individual parent's or guardian's responsibility, and not FBG's, to determine whether any portion of the Service is inappropriate for his or her child. If one of your children accesses the Site and provides FBG with personally identifiable information, please click here to contact us. FBG will use reasonable efforts to delete all personally identifiable information regarding your child from its database.
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Indemnification: You agree to indemnify and hold harmless FBG and its directors, officers, employees and agents from and against any and all claims, actions and proceedings and any and all costs, fees (including attorneys fees), expenses, settlements, and judgments that result from your breach of these Terms of Use or your access and use of this Site.
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10. |
10. Limitation Of Liability:
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10.1. |
Without derogating from other provisions in these Terms of Use, FBG's liability to you or any third party arising out of or related to the use of the Service however caused and on any theory of liability, whether in contract, tort (including negligence), or otherwise will not exceed the fee, if any, paid by you for the use of the Service.
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10.2. |
In no event shall FBG be liable to anyone for any delays, inaccuracies, errors or omissions with respect to any information used received or transmitted by the Service, or for any damage arising therefrom or occasioned thereby, or for the results obtained from the use of such information. You assume the entire risk for the accuracy, adequacy, completeness, correctness, validity and quality of any information.
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10.3. |
IN NO EVENT WILL FBG, ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER INDIRECT OR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE (INCLUDING WITHOUT LIMITATION DAMAGES FOR COST OF OBTAINING SUBSTITUTE GOODS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND EQUIPMENT, AND OTHER SUCH DAMAGE OR LOSS), HOWEVER CAUSED (INCLUDING WITHOUT LIMITATION ANY LOSS CAUSED BY THE INTRODUCTION OF COMPUTER VIRUSES OR CONTENT TRANSMITTED OR RECEIVED IN CONNECTION WITH THE USE OF THESERVICE) AND ON ANY THEORY OF LIABILITY, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF FBG OR ITS LICENSORS, SUPPLIERS OR AUTHORIZED DEALERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, YOU AGREE THAT FBG's LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED $1,000.00.
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