KUAM.COM TERMS OF
USE
1. General
Terms.
(A) This Agreement sets forth the terms and conditions that apply to your use of KUAM.com,
an interactive Website operated by Pacific Telestations, Inc., doing business as KUAM
("KUAM") By using KUAM.com, you agree to comply with all of the terms and conditions
hereof. The right to use KUAM.com is personal to you and is not transferable to any
other person or entity. You are responsible for ensuring that your use of KUAM.com
complies fully with the provisions of this Agreement, You shall be responsible for
protecting the confidentiality of your password(s), if any.
(B) KUAM shall have the right at any time to change or discontinue any aspect or feature
of KUAM.com, including, but not limited to, content, hours of availability, and equipment
needed for access or use.
2. Changed Terms.
KUAM shall have the right at any time to change or modify the terms and conditions
applicable to use of KUAM.com, or any part thereof, by posting a notice of such change
or modification on KUAM.com. Upon such posting of notice, such change, or modification
shall be immediately effective. Your use of KUAM.com after such notice shall be deemed
to constitute acceptance of such change or modification.
3. Equipment.
You are responsible for obtaining and maintaining all telephone, computer hardware
and other equipment needed for access to and use of KUAM.com and all charges related
thereto.
4. Use of Information.
(A) You may use KUAM.com for lawful purposes only. You may not post or transmit through
KUAM.com any material which violates or infringes in any way upon the rights of others,
which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct
that would constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, 'without KUAM's express prior approval, contains advertising
or any solicitation with respect to products, or services. Any conduct by you that
in KUAM's discretion restricts or inhibits any other user from using or enjoying KUAM.com
will not be permitted.
You may not use KUAM.com to advertise or perform any commercial solicitation, including,
but not limited to, the solicitation of users to become users of other online information
services competitive with KUAM.com
(B) KUAM.com contains copyrighted material, trademarks and other proprietary information,
including, but not limited to, text, software, photos, video, graphics, music and
sound? KUAM asserts a copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. You may not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or in any
way exploit, any of the content, in whole or in part. You may download copyrighted
material for your personal use only except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express permission
of KUAM and the copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. You do not acquire any ownership
rights by downloading copyrighted material.
5. Rules of Conduct. You may not upload, post or otherwise make available on
KUAM.com 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 and the burden of determining that any material is not protected by copyright
rests with you. You are solely liable ?for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting from such a submission.
By submitting material to KUAM.com, you automatically grant, or warrant that the owner
of such material has expressly granted KUAM the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify adapt, publish, translate
arid distribute such material (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media or technology now known or hereafter developed
for the full term of any copyright that may exist in such material. You also permit
any other user to access, view, store or reproduce the material for such user's personal
use. You hereby grant KUAM the right to edit, copy, publish and distribute any material
you make available to KUAM.com.
6. Disclaimer of Warranty; Limitation of Liability.
(A) Users of KUAM.com expressly agree that use of KUAM.com and any information obtain
thereon is at the user's sole risk. Neither KUAM, its affiliates nor any of their
respective employees, agents, third party content providers or licensors warrant that
KUAM.com will be error free; nor do they make any warranty as to the results that
may be obtained from use of KUAM.com or as to the accuracy, reliability or content
of any information, service, or merchandise provided through KUAM.com.
(B) KUAM.com is provided on an "as is" basis without warranties of any kind, either
express or implied, including, but not limited to, warranties of title or implied
warranties of merchantability or fitness for a particular purpose, other than those
warranties which are implied by and incapable of exclusion, restriction or modification
under the laws applicable to this Agreement.
(C) This disclaimer of liability applies to any damages or injury caused by any failure
of performance, error, omission, interruption, deletion, defect, delay in operation
or transmission, computer virus, communication line failure, theft or destruction
or unauthorized access to, alternation of, or use of record, whether for breach of
contract, tortious behavior, negligence, or under any other cause of action, KUAM
is not liable for the defamatory, offensive or illegal conduct of you or of third-parties
and that the risk of injury from the such conduct rests entirely with you.
(D) In no event will KUAM, or any person or entity involved in creating, producing
or distributing KUAM.com or KUAM.com software, whether now available or hereafter
developed, be liable for any damages, including, without limitation, direct, indirect,
incidental, special, consequential or punitive damages arising out of the use of or
inability to use KUAM.com.
(E) In addition to the terms set forth above, neither KUAM, nor its affiliates, or
information providers shall be liable regardless of the cause or duration, for any
errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity
of, the information contained within KUAM.com, or for any delay or interruption in
the transmission thereof to the user, or for any claims or losses arising therefrom
or occasioned thereby. None of the foregoing parties shall be liable for any third-party
claims or losses of any nature, including, but not limited to, lost profits, punitive
or consequential damages. Neither KUAM, nor its affiliates or information providers
warrant or guarantee the timeliness, sequence, accuracy or completeness of this information.
Additionally, there are no warranties as to the results obtained from the use of the
information.
(F) In states that do not allow exclusion of implied warranties or limitations of
liability for incidental or consequential damages, the liability of KUAM, its affiliates,
or information providers, and their respective agents, shall be limited to the greatest
extent permitted by applicable law.
7. Monitoring.
KUAM shall have the right, but not the obligation, to monitor the content of
KUAM.com, to determine compliance with this Agreement and any operating rules established
by KUAM and to satisfy any law, regulation or authorized government request, KUAM
shall have the Tight in its sole discretion to edit, refuse to post or remove any
material submitted to KUAM.com. Without limiting the foregoing, KUAM shall have the
right to reject any material that KUAM, in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
8. Indemnification.
You agree to defend, indemnify and hold harmless KUAM, its affiliates and their
respective directors, officers, employees and agents from and against all claims and
expenses, including attorneys' fees, arising out of your use of KUAM.com.
9. Trademarks.
KUAM, KUAM.com, KUAM News, News8, 94Jamz-FM, i94-FM, and Isla61-AM and each of
their logos are trademarks of Pacific Telestations, Inc. All rights reserved. All
other trademarks appearing on KUAM.com are the property of their respective owners.
10. Third-Party Content.
(A) KUAM is not responsible for content supplied by third parties, including,
without limitation, entities advertising on KUAM.com, and other KUAM.com users. Any
opinions, advice, statements, services, offers, advertisements, or other information
or content expressed or made available by third parties, including information providers,
or any other user of KUAM.com, are those of the respective author(s), distributor(s),
or advertiser(s) and not of KUAM. Neither KUAM nor any third party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose.
(B) KUAM neither endorses nor is responsible for the, accuracy or reliability of any
opinion, advice or statement made on KUAM.com by anyone other than authorized KUAM
employee spokesperson while acting in their official capacities. Under no circumstances
will KUAM be liable for any loss or damage caused by a your reliance on information
obtained through KUAM.com. It is your responsibility to evaluate the accuracy, completeness
or usefulness of any information, opinion, advice or other content available through
KUAM.com.
11. Miscellaneous Terms.
This Agreement and any operating rules of KUAM.com established by KUAM constitute
the entire agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with respect
to such subject matter. This Agreement shall be construed in accordance with the laws
of the United States Territory of Guam. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or subsequent breach
of default. The section headings used herein are for convenience only and shall not
be given any legal import.
12. Copyrights and Copyright Agent.
KUAM respects the rights of all copyright holders. If you believe that your work
has been copied in a way that constitutes copyright infringement, please provide KUAM's
Copyright Agent the following information required by the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright 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;
3. 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
All notices of claims of copyright infringement on or regarding KUAM.com should be
forwarded to KUAM's Copyright Agent as indicated below:
Copyright Agent
Attn: Mr. Jason Salas
Interactive Media Manager
Pacific Telestations, Inc. (dba "KUAM")
600 Harmon Loop Road
Dededo, Guam 96912
Phone: (671) 637-5826
Fax: (671) 637-9865
Email: jason@kuam.com