Last updated June 28, 2018
AGREEMENT TO TERMS
The information provided on the Site is intended as a general audience Site for adults, and by using the Site you warrant that; you have the legal capacity to enter into the agreement set out in these Terms of Service (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). The Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
To access some features and resources hosted within the Site, you may be asked to provide registration details. It is a condition of use of these services that all details you provide be correct, current, and complete. If the Site believes the details are not correct, current, or complete, we have the right to refuse you access to those services or resources, and to terminate or suspend your account.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
RESPONSIBLE USE OF SITE
Please act responsibly when using the Site, Social Media and other online services provided by us. You may only use this Site and its content for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Site are the sole responsibility of the sender, not Rapid Broadcasting, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through the Site, Social Media or other online services.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. We may require, at any time, proof that you are following the rules described below. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Site or seeking other legal or equitable remedies, once we become aware of any violation of these provisions.
As a user of the Site, you agree not to:
Restricting or inhibiting any other user from using or enjoying the Site and services;
Impersonating any person or entity or posting personally identifying information of any other person;
Posting, using or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
Posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial purposes (including without limitation the solicitation of users of the Site to become users of other online services competitive with the Site);
Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan Horse, or any other harmful or disruptive component currently invented or to be invented at any point in perpetuity;
Posting or transmitting materials in violation of another party’s copyright or intellectual property rights;
Using the Site for any commercial or unlawful purposes;
Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Site;
Use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the Site services;
Surround or obfuscate the Content or Site with any third-party content, materials or branding;
Attempt to gain unauthorized access to other computer systems or networks connected to the Site or use the Site, Content or any other information contained therein for any unlawful purpose;
Engage in criminal or unlawful conduct through the use of the Site, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, photos, videos or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Your Submissions will not be acknowledged or returned. You acknowledge and agree that your Submissions are being sent voluntarily by you, and not in confidence, and that not confidential relationship is intended or created between Rapid Broadcasting, and/or any other person or entity. You also agree that Rapid Broadcasting does not intend and will not pay you for your Submissions. You understand that no industry custom or practice changes your agreement that you will not be paid for any Submissions.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION
The Site is not designed or intended for use by children under the age of 13.
TERMS AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
If the Parties are unable to resolve a Dispute after (90) days of informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provided by a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator failed to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Pennington County, South Dakota. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Informal negotiations will begin upon receipt of written notice of controversy, allegation, or claim (including any non-contractual claim) arising out of or relates to the Site, Content, Social Media, these Terms of Service, whether heretofore or hereafter arising or to any of Rapid Broadcasting’s actual or alleged intellectual property rights, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information you provided to us. But if no such information exists or if such information is not current, then we have no obligation under this. Your notice to us must be sent to:
By Mail: Digital Operations c/o Rapid Broadcasting
2424 South Plaza Drive
Rapid City, SD 57702
By Email: firstname.lastname@example.org
For a period of (90) days from the date of receipt of notice from the other party, Rapid Broadcasting and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either Party to resolve the Dispute on terms with respect to which the Parties, in each of or sole discretion, are not comfortable.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to the illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
LINKS TO OTHER SITES AND SERVICES
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED ARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACTY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBISTES LINKED TO THE SITE AND WE WILL ASSUME NO LIABLITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBISTE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVEN WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO RAPID BROADCASTING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUTION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such date, and hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONICALLY DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Rapid Broadcasting may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Site, remove and discard any Submissions or information stored, sent, or received via the Site without prior notice and for any reason or no reason. Termination, suspension, or cancellation of these Terms of Service or your access rights to the Site shall not affect any right or relief to which Rapid Broadcasting may be entitled, by law or in equity. Upon such termination, suspension, or cancelation, all rights granted to you will automatically terminate and immediately revert to Rapid Broadcasting and its licensors and all rights granted by you to Rapid Broadcasting shall survive in perpetuity.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 925-5210 or (916) 445-1254.
REPORTING COPYRIGHT INFRINGEMENT
If you are a copyright owner or an agent thereof and believe any content or other information appearing on the Site infringes upon your copyrights, you may submit a notification claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed; (2) 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 on that site; (3) identification of the material that is claimed to be infringing or to be the subject of the 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 you, such as an address, telephone number, and, if available, an electronic mail address; (5) a statement that you have good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the own of an exclusive right that is allegedly infringed.
Rapid Broadcasting DBA KNBN- NewsCenter1’s designated agent to receive notifications on claimed infringement is: Operations, c/o Rapid Broadcasting, 2424 South Plaza Drive, Rapid City, South Dakota 57702., Telephone number: 605-355-0024; email email@example.com .
If you consider any material appearing on the Site to be objectionable and would like to report it, please send an email to firstname.lastname@example.org .
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at email@example.com or by phone at 605-355-0024.
TERMS APPLICABLE FOR APPLE iOS
If you are accessing or using the online services through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Terms of Service by this reference: (1) To the extent that you are accessing the online services through an Apple device, you acknowledge that these Terms of Service are entered into between you and Rapid Broadcasting and, that Apple, Inc. (“Apple”) is not a party to these Terms of Service other than as third-party beneficiary as contemplated below. (2) The license granted to you in these Terms of Service is subject to the permitted Usage Rules set forth in the App Store Terms (see: https://www.apple.com/legal/internet-services/itunes/us/terms.html) and any third party terms of agreement applicable to the online services. (4) You acknowledge that Rapid Broadcasting, and not Apple, is responsible for providing the online services and Content thereof. (5) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the online services. (6) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the online services. (7) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and Rapid Broadcasting, Rapid Broadcasting and not Apple is responsible for addressing any claims you may have relating to the online services, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the online services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth under these Terms of Service. Rapid Broadcasting liability to you for use of the online services is greatly limited. (8) Further, you agree that if the online services, or your possession and use of the online services, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. (9) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof. (i) When using the online services, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the online services.