TERMS AND CONDITIONS


This Web site (this "Site") is owned and operated by Southeastern Oklahoma Radio, LLC.

Please read the following Terms and Conditions of Use (these "Terms of Use") carefully and in their entirety before using this Site. Your use of this Site or any content or material available through this Site (collectively "Materials"), as well as any other product or service offered by Southeastern Oklahoma Radio, LLC or through this Site for use or sale constitutes your full and complete acceptance of these Terms of Use. If you do not agree with any provisions of these Terms of Use, do no use this Site.


In addition, you shall be subject to any posted guidelines or rules applicable to this Site or any services or products offered through this Site which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

Southeastern Oklahoma Radio, LLC reserves the right, in its sole discretion, to modify, alter, or otherwise change these Terms of Use at any time, and you agree to be bound by such modifications, alterations, and/or additions. These Terms of Use may be updated by Southeastern Oklahoma Radio, LLC from time to time without notice to you. Accordingly, Southeastern Oklahoma Radio, LLC recommends that you periodically visit this page to review the current Terms of Use. If you violate any of these Terms of Use, your permission to use this Site shall automatically terminate.

Copyright & Trademarks


All Materials on this Site, including without limitation software, text, graphics, images, audio and video clips, logos, and button icons, documents and marks constitute proprietary information, which are owned or controlled by Southeastern Oklahoma Radio, LLC or its content and/or software/technology providers that have licensed to Southeastern Oklahoma Radio, LLC the right to use the Materials. Unless provided otherwise, you agree that the reproduction, modification, distribution, transmission, republication, display, performance, or storage of Materials is strictly prohibited without the express written permission of Southeastern Oklahoma Radio, LLC and any other owner of such proprietary information (from whom you are solely responsible for obtaining permission).

Restrictions on Use of Site


Unless otherwise specified or permitted under copyright laws, the Materials may not be copied, republished, reproduced, uploaded, posted, transmitted, distributed, or otherwise exploited in any way. You agree and acknowledge that you shall not acquire any ownership rights in the Materials from this Site. Modification of the Materials or use of the Materials for other than the stated purpose is a violation of Southeastern Oklahoma Radio, LLCís and possibly other third-party providersí copyright and other proprietary rights.

You agree to use this Site only for purposes that are lawful. Without limiting the foregoing, you agree not to post on or transmit through this Site any material which violates or infringes in any way upon the rights of others; is threatening, abusive, or harassing; is defamatory; is invasive of privacy or publicity rights; is obscene; is lewd, lascivious, or otherwise objectionable; or violates, or encourages conduct that would violate, any law or give rise to civil or criminal liability under any law. Furthermore, you agree that you will not post on or transmit through this Site any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via e-mail, without Southeastern Oklahoma Radio, LLC's express written consent. You further agree not to use this Site, the Materials, or any element or portion thereof including, without limitation, e-mail addresses of users for any commercial purpose whatsoever.

You shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission.

You are prohibited from displaying the content on this Site in any format where third party advertising or other materials that Southeastern Oklahoma Radio, LLC did not authorize is viewed or viewable together with the Materials of this Site.

Links to Other Sites


This Site contains links to other Web sites. Southeastern Oklahoma Radio, LLC is not responsible for the content or privacy practices of any sites linked to this Site or framed within this Site (the "Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. You agree that Southeastern Oklahoma Radio, LLC is not responsible for the availability of any Linked Site and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available through the Linked Sites.

Privacy & Security


Southeastern Oklahoma Radio, LLCís privacy policy is set forth in its privacy statement which can be reviewed from the home page of this Site.



Rules for Bulletin Boards and Chat rooms


Southeastern Oklahoma Radio, LLC is not responsible for any material posted on any bulletin board, chat room, or other forum included in this Site or linked through this Site ("Forums"), nor does Southeastern Oklahoma Radio, LLC endorse any such material, nor represent or guarantee the truthfulness, accuracy, or reliability thereof. You shall not upload, transmit, or otherwise publish through such Forums any material that libels, defames, or is obscene, pornographic, abusive, or threatening; infringes any intellectual property right of any entity or person; violates any law; advocates illegal activity; or advertises or otherwise solicits funds or is a solicitation for goods or services (collectively "Prohibited Material"). Southeastern Oklahoma Radio, LLC shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on such Forums for any reason whatsoever. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Forums, and you acknowledge that Southeastern Oklahoma Radio, LLC has no obligation to monitor and you are not relying upon Southeastern Oklahoma Radio, LLC to monitor the Forums.

Southeastern Oklahoma Radio, LLC reserves the right but is not obligated to do any of the following:

1. Record the dialogue in the Forums.
2. Investigate an allegation that a communication(s) do(es) not conform to these Terms of Use and determine in its sole discretion, to remove or request the removal of the communication(s).
3. Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use.
4. Terminate a userís access to any or all public areas or Forums and/or this Site upon any breach of these Terms of Use.
5. Monitor, edit or disclose any communication in the public areas or Forums.
6. Edit or delete any communication(s) posted on this Site, regardless of whether such communication(s) violate these standards.

Southeastern Oklahoma Radio, LLC reserves the right to take any action it deems necessary to protect the personal safety of Southeastern Oklahoma Radio, LLCís guests or the public. Southeastern Oklahoma Radio, LLC has no liability or responsibility to users of this Site or any other person or entity for performance or nonperformance of the aforementioned activities.

By posting messages on the bulletin boards you are granting Southeastern Oklahoma Radio, LLC a royalty free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) worldwide and/or incorporate it in other works in any form, media or technology now known or hereafter developed.

You may not use the bulletin boards to post or transmit advertisements or commercial solicitations of any kind.

General Practices Regarding Use and Storage


You acknowledge that Southeastern Oklahoma Radio, LLC may establish general practices and limits concerning use of this Site including, without limitation, the maximum number of days or the maximum size that e-mail messages, bulletin board or chat room messages or other uploaded information will be retained. In addition, Southeastern Oklahoma Radio, LLC may limit the disk storage space allotted and/or the maximum number of messages or uploads permitted. You agree that Southeastern Oklahoma Radio, LLC has no responsibility or liability for the deletion or failure to store any messages or other type of communication or content.

Disclaimers and Limitations on Liability


Southeastern Oklahoma Radio, LLC is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials, products, services or advertisements available on or through this Site. You agree to be responsible for obtaining and maintaining a telephone, computer hardware, and other equipment needed for access to and use of this Site, and you shall be responsible for all charges related thereto. THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS," "AS AVAILABLE" AND USE OF THIS SITE OR ANY MATERIALS IS AT YOUR OWN RISK. Southeastern Oklahoma Radio, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL, PRODUCT, SERVICE OR ADVERTISEMENT RESTS WITH YOU.

Southeastern Oklahoma Radio, LLC DOES NOT ENDORSE WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED ON OR THROUGH THIS SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Southeastern Oklahoma Radio, LLC, ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, SHALL NOT BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR THE INABILITY TO USE THIS SITE. IN NO EVENT SHALL Southeastern Oklahoma Radio, LLCíS TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Southeastern Oklahoma Radio, LLC ITS RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, ACCOUNTANTS, ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF YOUR PUBLICATION OR TRANSMITTAL OF PROHIBITED MATERIAL OR YOUR FAILURE TO COMPLY WITH OR YOUR ALLEGED FAILURE TO COMPLY WITH THESE TERMS OF USE.

Miscellaneous


Southeastern Oklahoma Radio, LLC has the right any time to modify, change, add to, discontinue, or alter in any manner any aspect of this Site including, without limitation, these Terms of Use. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supercedes all previous written or oral agreements between the parties hereto with respect to such subject matter. No waiver by either party of any breach of default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

The section headings used herein are for convenience only and shall not be given any legal import. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. These Terms of Use are effective until terminated. Southeastern Oklahoma Radio, LLC may terminate your use of this Site in the event you fail to comply with any provision of these Terms of Use. In addition, Southeastern Oklahoma Radio, LLC may discontinue access to this Site at any time at its sole discretion.

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Nevada. Any action brought by you or Southeastern Oklahoma Radio, LLC in connection with or related in any manner to this Site, your use of this Site or these Terms of Use shall be brought only in the courts located in Las Vegas, Nevada and you hereby consent to personal jurisdiction in such counts. If any provision of these Terms of Use is void or unenforceable in whole or in part, the remaining provisions shall not be affected thereby.
 
 


Copyright 2006 - McAlester Radio
KTMC-FM / KTMC-AM / KMCO-FM / KNED-AM / KESC-FM
1801 East Electric Avenue - McAlester, OK 74501

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