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Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site").
This Site at Bigkidzradio.com is fully controlled and operated by True Visionary Ventures LLC. (Big Kidz Radio). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Big Kidz Radio. If you do not agree with all of the following terms and conditions, please do not use this Site. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on November 1st 2008. OWNERSHIP OF INTELLECTUAL PROPERTY All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Big Kidz Radio and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Big Kidz Radio hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Big Kidz Radio. Use of Big Kidz Radio and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. SUBMISSIONS To the extent that portions of this Site provide users an opportunity to post, exchange, and/or upload information, ideas, options, content and materials ("Submissions"), please be advised that the Submissions do not necessarily reflect the views of Big Kidz Radio. In no event shall Big Kidz Radio assume or have responsibility or liability for any Submissions or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Submissions you provide, and all information they contain, and that such Submissions shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. You hereby authorize Big Kidz Radio to use, and authorize others to use, your Submissions, in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereinafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Big Kidz Radio will have the right to use and change the Submissions in any manner that Big Kidz Radio may determine. Additionally, Big Kidz Radio may sweep its chatrooms, message board and/or content submissions periodically in its sole discretion. REMEMBER TO ALWAYS CHECK WITH A PARENT BEFORE YOU SEND ANYTHING TO US Big Kidz Radio does not allow Submissions which contain:
Although Big Kidz Radio will monitor the content posted on this Site for any obvious violations of the above rules, ultimately you are solely responsible for making sure that your submissions fully comply with these rules. Big Kidz Radio reserves the right to edit, delete, or refuse to post material that violates the above rules of participation, as well as to revoke the privileges of users who do not comply with such rules. In particular, Big Kidz Radio will terminate a user's access to the Big Kidz Radio web site if it is determined that such user is a repeat infringer of other parties' copyrights. INFORMATION FOR COPYRIGHT OWNERS If you are a copyright owner or an agent thereof, and believe that any Submission or other content on the Big Kidz Radio web site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512 (c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Big Kidz Radio designated Copyright Agent to receive notifications of claimed infringement is Eric Miller eric@bigkidzradio.com, or Fax 708 833-8985. If you fail to comply with all of the requirements of this paragraph, your DMCA notice may not be valid. CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES Big Kidz Radio provides Rules of Participation for certain activities on this Site including, without limitation, contests, sweepstakes and electronic postcards by Big Kidz Radio and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern. If a child participates in a children's sweepstakes or contest, we will retain his or her e-mail address for the duration of the contest until a winner is chosen. The winner will be notified by e-mail or another method, as described in the rules. After the contest all participants' e-mails will be deleted from our system. We will not use e-mail addresses in any other way, and we will not provide them to any third party. U.S. federal law prohibits us from requiring children to give any more personal information than is necessary to participate in a given activity. DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Big Kidz Radio 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 information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, True Visionary Ventures, LLC., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY Big Kidz Radio OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Big Kidz Radio’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site. THIRD PARTY HYPERLINKS The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Big Kidz Radio, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Big Kidz Radio does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Big Kidz Radio is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Big Kidz Radio nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Big Kidz Radio will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites. INDEMNIFICATION You agree to indemnify, defend and hold harmless, Big Kidz Radio, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Big Kidz Radio reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Big Kidz Radio in asserting any available defenses. MISCELLANEOUS Unless otherwise specified, the materials in the Big Kidz Radio web site is presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Big Kidz Radio from its offices within the State of Illinois, United States of America. Big Kidz Radio makes no representation that materials in Big Kidz Radio’s web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Illinois applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Illinois, County of Cook.
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