Terms of Service
Welcome to the ktms.com site. This site is made available on the terms and conditions set forth below, and are subject to change at any time without notice.
READ THESE TERMS AND CONDITIONS CAREFULLY. THEY ARE OUR AGREEMENT WITH YOU. BY USING THIS SITE, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. This site is made available to you and our advertisers. We are not a party to any transaction between you and any advertiser or other user of this site. We have no control over the quality, integrity, reliability, honesty or performance ability of parties contracting through this site.
We reserve the right to modify or discontinue, temporarily or permanently, this site or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
2. Proprietary Rights / Trademark Notice / Copyright Notice / Copyright Agent
ktms.com is the owner of this site and retains all ownership rights to the information collected at this site. All programs, documents, graphics and tools used to operate this site are protected by copyright and other intellectual property laws, and we either own or license the rights to use them. You may not reverse engineer, decompile, or disassemble any such material.
The name ktms.com and all station logos, trade names, trademarks, service names and services marks used on this site are legally protected property of ktms.com. All other brands or marks reflected on this site are the registered or unregistered trademarks of their respective companies.
ktms.com is the owner of this site and retains all ownership rights to the information collected at this site. All programs, documents, graphics and tools used to operate this site are protected by copyright and other intellectual property laws, and we either own or license the rights to use them. You may not reverse engineer, decompile, or disassemble any such material.
The content contained in advertisements or third-party information presented through this site may also be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not reproduce, publish, transmit, modify, create derivative works from, publicly display, or publicly perform any material derived from this site or such advertisements or third-party information without our prior written permission. You may not rent, lease, loan, sell or otherwise transfer such material or information.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate the access/accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or any other violation of your rights, please provide our Copyright Agent the following information: 1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2) a description of the copyrighted work that you claim has been infringed or material which otherwise violates your rights; 3) a description of where the material that you claim is infringing/violating is located on the site; 4) your address, telephone number, and email address; 5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
Our Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows sandy.vera@pointbroadcastingllc.com.
3. Responsibility for Postings and Content
We make no representations whatsoever about any other website, which you may access through this site. When you access such a website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to such a website does not mean that we endorse or accept any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other destructive items. By using this site you agree that we shall not be liable to you or any party for the content of any website or link which you access from this site. We may terminate the link to any other website at any time with or without cause and with or without notice. All content, posted, uploaded, emailed or otherwise transmitted via this site, is the sole responsibility of the person from which it originated. We do not control the content of any such person and do not guarantee the accuracy, integrity or quality of any such content. By using this site you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will ktms.com be liable in any way for any content, including any errors or omissions in content, or for loss or damage of any kind resulting from the use of content posted, emailed or otherwise transmitted via this site.
4. Content License
You agree to license to ktms.com any content you post to this site for the purpose of displaying and distributing it on our network of properties and for the promotion and marketing of our properties. By submitting content to us, you automatically grant or warrant that the owner of such content has expressly granted us a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You acknowledge that we do not pre-screen content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse, edit, move or remove any content that is publicly available via this site. Without limiting the foregoing, we and our designees shall have the right to remove any content that violates this agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on its accuracy, completeness, or usefulness. In this regard, you acknowledge that you may not rely on any content created by or submitted to KTMS.
5. User Conduct
You agree not to use this site to upload, post, email, or otherwise transmit content that (a) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) is harmful to minors in any way; (c) impersonates any person or entity, including ktms.com, or falsely represents your affiliation with a person or entity; (d) you do not have a right to transmit under law, contract, fiduciary relationship or nondisclosure agreement; (f) infringes any patent, trademark, trade secret, copyright or other proprietary right of any person; (g) contains any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in the areas designated for such purpose; (h) contains any software virus or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or telecommunications equipment; (i) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users of the site are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges; (j) interferes with or disrupts this site or the servers or networks connected to it, or violates any requirement, procedure, policy or regulation of networks connected to this site; or (k) forges headers or otherwise manipulates identifiers in a way that disguises the origin of content. You also agree not to use this site to stalk or otherwise harass another or to collect or store personal data about other users.
6. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this site, any service offered by us through this site, and use of those services, or access to this site.
7. Dealings with Advertisers / Other Users
Your correspondence or business dealings with other users or advertisers found on or through this site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other user of advertiser. You agree that ktms.com shall not be responsible or liable 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 other users or advertisers on this site.
8. Indemnity
You agree to indemnify and hold ktms.com, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of this site, connection to this site, violation of this Agreement, or violation of any rights of another.
9. Disclaimer of Warranties
Use of this site is at your own risk. Information on this site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. ktms.com disclaims all warranties on its products and services, either express or implied, and makes no warranty that (i) this site will meet your requirements, (ii) this site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of this site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through this site will meet your expectations, and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us or through or from this site shall create any warranty not expressly stated in this agreement. Some jurisdictions do not allow or limit the exclusion of implied warranties, so the above exclusion may not apply to you.
Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.
10. Limitation of Liability
You expressly understand and agree that in no event will ktms.com be liable to any party for any direct, indirect, special or other consequential damages arising out of the use of this site, or on any other linked website, including, without limitation, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
11. Feedback
Comments or materials sent to us including questions, comments, suggestions, or the like regarding the content of this site (collectively "Feedback"), shall be considered to be non confidential. We may reproduce, use, disclose, transform, create derivative works and distribute the Feedback to others without limitation. We may use any ideas, concepts, know how or techniques contained in Feedback for any purpose, including but not limited to developing, manufacturing and marketing products incorporating Feedback.
12. Registration
(Visitors and Users of the site, are henceforth known as Users.) You may use many features of this site without registering. If you do register with this site, you may have access to additional features. By registering, you agree (a) to provide true, accurate, current and complete information about yourself and your company as prompted by our registration form (your User Data); and (b) maintain and promptly update your User Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, we have the right to suspend or terminate your account and refuse any and all current of future use of this site.
13. Privacy Statement
When you access our site, we will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting this site. We want to inform you of our practices on the collection, use, and disclosure of personal contact information, such as e-mail or home addresses, telephone numbers or other information that allows us to contact you, or information, when linked to your name or contact information, allows us to personalize your use of this site.
We may use contact information that you give us in the registration process to tailor your visit to this site to your interests, and to send you information about ktms.com or our advertisers. We use other information you provide us to show you content which may interest you and to display content according to your preferences. We may also share this information with our affiliates, to enhance your experience on other websites, or our advertisers and other third parties, in a manner that does not disclose your identity or contact information.
We may conduct surveys and contests that ask you for personal contact information (such as your name or email address) and demographic information (such as your age or zip code). Such contact information may be used to provide information or promotional material on behalf of ktms.com, our advertisers or other third parties, and to contact you when necessary. We may also combine registration information with other information about you that we may obtain.
If products or services are offered for sale via this site by ktms.com or a third party, financial and contact information collected in those transactions may be used to bill you for products and services, to fulfill orders and to get in touch with you when necessary. By giving this site your credit card and related personal information, you authorize us to give that information to the merchant and credit card company, in order to confirm and fulfill your order. We will not otherwise use or distribute your financial information without your prior approval. This site may make available chat rooms, forums, message boards, and news groups. Any information you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
If you visit this site to read or download information on our pages, we collect and store only the following information about you: (1) The name of the domain from which you access the Internet; (2) The date and time you access our site; and (3) The IP address of the website you used to link directly to our site.
If you identify yourself by sending us an E-mail containing personal information, then the information collected will be used solely to respond to your message. The information collected is for statistical purposes. We use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of this site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas. For site security purposes and to ensure that this service remains available to all users, we use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
This site may use a standard technology called a "cookie" to collect information about how you use the site. Cookies reside on your computer, and help us recognize your computer's browser as a previous visitor. The information allows us to customize delivery of information. For example, we may use cookies to save and remember registration information or preferences that you may have set while you were browsing the site, to ensure you do not see the same advertisement repeatedly, to deliver content specific to your interests, and to save your password so you don't have to re-enter it each time you visit our site. We use cookies only to gather information as indicated in this policy.
On occasion this site may also set a "session cookie" which helps us administer the site. Session cookies expire when you close your browser, and do not retain any information about you after they expire. We employ reasonable security measures, consistent with standard industry practice, to protect information collected through this site against the loss, misuse or alteration.
We may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings. If this site is sold to, or merges with, another company, some or all of the information collected from this site may be transferred to the buyer/surviving company. If so, we will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but we cannot guarantee that we will be able to impose that requirement or that the acquiring company will comply. You should look for a specific privacy statement on any linked site that you access through this site before providing your personal information. We have no control over the use of personal information you provide to such a linked site.
Google, as a third party vendor, uses cookies to serve ads on our site. Google's use of the DoubleClick DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.
Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
14. Choice/Opt Out
You can opt-out of receiving communications from us now or later. You can make this decision separately at the point on our site where we request information from you.
15. Remove from Registration Database
If you wish to be removed from our registration database, please e-mail or write to the webmaster at the address below. If you no longer wish to receive other information or promotional e-mails from us, please follow the opt-out instructions.
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, feel free to contact: sandy.vera@pointbroadcastingllc.com
16. Taxes
You shall be responsible for the payment of all sales, use and similar taxes relating to transactions consummated through the use of this site.
17. Termination
In our sole discretion, we may terminate your privilege to use this site, and remove and discard any content within the site, for any reason, including, without limitation, for lack of use or if we believe you have violated or acted inconsistently with the letter or spirit of this Agreement. We may also, in our sole discretion and at any time discontinue this site, or any part thereof, with or without notice. You agree that any termination of your access to this site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate and/or bar any further access to this site. ktms.com shall not be liable to you or any third-party for any termination of your access to the site.
18. Notice
Notices to you may be made via either email or regular mail. We may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on this site.
19. Government Users
If this site is used by or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights. Use, duplication, or disclosure of the Product by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227.7013 or subparagraphs (c)(1) an d(2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227.19, as applicable.
20. General Terms
This Agreement contains the entire agreement of the parties with respect to the subject matter it addresses. It is governed by the laws of the State of California without regard to conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within the State of California, County of Los Angeles. This Agreement may be modified or amended only if the amendment is made in writing by an authorized representative ktms.com. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
21. Special Notice On International Use.
This site is governed by and operated in accordance with the laws of the United States of America and is intended for the enjoyment of residents of the United States. We make no representation that this site is governed by or operated in accordance with the laws of other nations. If you access this site from outside of the United States, you acknowledge that this site is subject to U.S. law and waive any claims that may arise under the law of other nations The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any product or information obtained via this site to countries or persons prohibited under the export control laws. By using this site, you represent and warrant that you are not in a country where such use is prohibited and that you are not a person or entity to which such use is prohibited. You are responsible for compliance with all laws of your local, state, and national jurisdiction regarding the use of this site. You also agree to comply with all laws and rules in your jurisdiction regarding online content and acknowledge that information we publish may contain references to certain products or services that are unavailable in your country. Such references do not imply an intent to make such products or service available in your country.
