Kensington Digital Media (“Kensington Digital Media” or “our” or “we” or “us”) operates
the following websites and may operate others:
hippieradio945.com
whinradio.com
newsnowwarsaw.com
1073wrsw.com
willie1035.com
1025theq.com
mybearrocks.com
b1053.com
mymagic93.com
kensington.media
The following terms and conditions govern all use of any and all Kensington Digital
Media websites and all content, services and products available at or through the
websites (taken together, the Website). The Website is owned and operated by
Kensington Digital Media. The Website is offered subject to your acceptance without
modification of all of the terms and conditions contained herein and all other operating
rules, policies and procedures that may be published from time to time on this Website
by Kensington Digital Media (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the Website, you agree to become bound by the
terms and conditions of this agreement. If you do not agree to all the terms and
conditions of this agreement, then you may not access the Website or use any services.
If these terms and conditions are considered an offer by Kensington Digital Media ,
acceptance is expressly limited to these terms. The Website is available only to
individuals who are at least 13 years old. If we learn we have collected or received
personal information from a child under 13 without parental consent, we will delete that
information.
Your Account and Site.
If you create an account/blog/site on the Website, you are responsible for maintaining
the security of your account and blog, and you are fully responsible for all activities that
occur under the account and any other actions taken in connection with the blog. You
must not describe or assign keywords to your blog in a misleading or unlawful manner,
including in a manner intended to trade on the name or reputation of others, and
Kensington Digital Media may change or remove any description or keyword that it
considers inappropriate or unlawful, or otherwise likely to cause Kensington Digital
Media liability. You must immediately notify Kensington Digital Media of any
unauthorized uses of your blog, your account or any other breaches of security.
Kensington Digital Media will not be liable for any acts or omissions by You, including
any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to the Website, post links on the
Website, or otherwise make (or allow any third party to make) material available by
means of the Website (any such material, “Content”), You are entirely responsible for
the content of, and any harm resulting from, that Content. You agree that we are only
acting as a passive conduit for your online distribution and publication of your Content.
That is the case regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making Content available, you
represent and warrant that: the downloading, copying and use of the Content will not
infringe the proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party; if your employer has rights to
intellectual property you create, you have either
(i) received permission from your employer to post or make available the
Content, including but not limited to any software, or
(ii) secured from your employer a waiver as to all rights in or to the Content; you
have fully complied with any third-party licenses relating to the Content, and have
done all things necessary to successfully pass through to end users any required
terms; the Content does not contain or install any viruses, worms, malware,
Trojan horses or other harmful or destructive content; the Content is not spam, is
not machine- or randomly-generated, and does not contain unethical or
unwanted commercial content designed to drive traffic to third party sites or boost
the search engine rankings of third party sites, or to further unlawful acts (such
as phishing) or mislead recipients as to the source of the material (such as
spoofing); the Content is not pornographic, does not contain threats or incite
violence towards individuals or entities, and does not violate the privacy or
publicity rights of any third party; your blog is not getting advertised via unwanted
electronic messages such as spam links on newsgroups, email lists, other blogs
and web sites, and similar unsolicited promotional methods; your blog is not
named in a manner that misleads your readers into thinking that you are another
person or company. For example, your blog’s URL or name is not the name of a
person other than yourself or company other than your own; and you have, in the
case of Content that includes computer code, accurately categorized and/or
described the type, nature, uses and effects of the materials, whether requested
to do so by Kensington Digital Media or otherwise.
By submitting Content to Kensington Digital Media for inclusion on your Website, you
grant Kensington Digital Media a world-wide, perpetual, royalty-free, and non-exclusive
license to reproduce, modify, adapt and publish the Content solely for the purpose of
displaying, distributing and promoting your blog. If you delete Content, Kensington
Digital Media will use reasonable efforts to remove it from the Website, but you
acknowledge that caching or references to the Content may not be made immediately
unavailable.
Without limiting any of those representations or warranties, Kensington Digital Media
has the right (though not the obligation) to, in Kensington Digital Media’s sole discretion
(i) refuse or remove any content that, in our reasonable opinion, violates any
Kensington Digital Media policy or is in any way harmful or objectionable, or (ii)
terminate or deny access to and use of the Website to any individual or entity for any
reason, in Kensington Digital Media’s sole discretion. Kensington Digital Media will have
no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
General Terms. By selecting a product or service, you agree to pay Kensington Digital
Media the one-time and/or monthly or annual subscription fees indicated (additional
payment terms may be included in other communications). Subscription payments will
be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the
use of that service for a monthly or annual subscription period as indicated. Payments
are not refundable.
Automatic Renewal. Unless you notify Kensington Digital Media before the end of the
applicable subscription period that you want to cancel a subscription, your subscription
will automatically renew and you authorize us to collect the then-applicable annual or
monthly subscription fee for such subscription (as well as any taxes) using any credit
card or other payment mechanism we have on record for you. Upgrades can be
canceled at any time by submitting your request to Kensington Digital Media in writing.
Fees & Payment.
By signing up for a Services account you agree to pay Kensington Digital Media the
applicable setup fees and recurring fees. Applicable fees will be invoiced starting from
the day your services are established and in advance of using such services.
Kensington Digital Media reserves the right to change the payment terms and fees upon
thirty (30) days prior written notice to you. Services can be canceled by you at any time
on thirty (30) days written notice to Kensington Digital Media .
If your service includes access to priority email support. “Email support” means the
ability to make requests for technical support assistance by email at any time (with
reasonable efforts by Kensington Digital Media to respond within one business day)
concerning the use of the VIP Services. “Priority” means that support takes priority over
support for users of the standard or free federatedmedia.com services. All support will
be provided in accordance with Kensington Digital Media standard services practices,
procedures and policies.
Responsibility of Website Visitors.
Kensington Digital Media has not reviewed, and cannot review, all of the material,
including computer software, posted to the Website, and cannot therefore be
responsible for that material’s content, use or effects. By operating the Website,
Kensington Digital Media does not represent or imply that it endorses the material there
posted, or that it believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your computer
systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable,
as well as content containing technical inaccuracies, typographical mistakes, and other
errors. The Website may also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other proprietary rights, of third parties,
or the downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. Kensington Digital Media disclaims any responsibility for
any harm, loss or damage resulting from anyone’s reliance on information or other
Content posted on the Website or from the use by visitors of the Website, or from any
downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer
software, made available through the websites and webpages to which the Website
links, and that link to the Website. Kensington Digital Media does not have any control
over those non-Kensington Digital Media websites and webpages, and is not
responsible for their contents or their use. By linking to a non-Kensington Digital Media
website or webpage, Kensington Digital Media does not represent or imply that it
endorses such website or webpage. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content. Kensington Digital Media disclaims
any responsibility for any harm resulting from your use of non-Kensington Digital Media
websites and webpages.
Copyright Infringement and DMCA Policy.
As Kensington Digital Media asks others to respect its intellectual property rights, it
respects the intellectual property rights of others. If you believe that material located on
or linked to by the Website violates your copyright, you are encouraged to notify
Kensington Digital Media in accordance with Kensington Digital Media ’s Digital
Millennium Copyright Act (“DMCA”) Policy. Kensington Digital Media will respond to all
such notices, including as required or appropriate by removing the infringing material or
disabling all links to the infringing material. Kensington Digital Media will terminate a
visitor’s access to and use of the Website if, under appropriate circumstances, the
visitor is determined to be a repeat infringer of the copyrights or other intellectual
property rights of Kensington Digital Media or others. In the case of such termination,
Kensington Digital Media will have no obligation to provide a refund of any amounts
previously paid to Kensington Digital Media .
Intellectual Property.
This Agreement does not transfer from Kensington Digital Media to you any Kensington
Digital Media or third party intellectual property, and all right, title and interest in and to
such property will remain (as between the parties) solely with Kensington Digital Media .
Kensington Digital Media, hippieradio945.com logo, and all other trademarks, service
marks, graphics and logos used in connection with KensingtonDigitalMedia.com and all
radio stations owned and operated by Kensington Digital Media , or the Website are
trademarks or registered trademarks of Kensington Digital Media or Kensington Digital
Media’s licensors. Other trademarks, service marks, graphics and logos used in
connection with the Website may be the trademarks of other third parties. Your use of
the Website grants you no right or license to reproduce or otherwise use any
Kensington Digital Media or third-party trademarks.
Kensington Digital Media reserves the right to display advertisements on your blog
unless you have purchased an ad-free account.
Kensington Digital Media reserves the right to display attribution links such as ‘Blog at
federatedmedia.com,’ theme author, and font attribution in your blog footer or toolbar.
Partner Products.
By activating a partner product (e.g. theme) from one of our partners, you agree to that
partner’s terms of service. You can opt out of their terms of service at any time by de-
activating the partner product.
Domain Names.
If you are registering a domain name, using or transferring a previously registered
domain name, you acknowledge and agree that use of the domain name is also subject
to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”),
including their Registration Rights and Responsibilities.
SMS Terms & Conditions.
By participating in a text club (i.e. News Alerts, School Closings, VIB text club etc.), you
acknowledge that you consent to receive automated text messages to your phone at the
station’s discretion. Message and data rates may apply. Marketing messages frequency
are periodic. Consent is not a requirement for purchase. You must have a two-way, text-
enabled phone with compatible carrier and plan. Compatible major carriers include Alltel
Wireless, AT&T, Boost Mobile, Nextel, Sprint, T-Mobile (R), Verizon Wireless and Virgin
Mobile USA. Text messaging is not available in all areas of the United States. Wireless
operators do not guarantee message delivery and will not be held liable for delayed or
undelivered messages.
To opt-out at any time, please text the word STOP to 45364 or 46862.
For help text HELP to 45364 or 46862.
Kensington Digital Media reserves the right, at its sole discretion, to modify or replace
any part of this Agreement. It is your responsibility to check this Agreement periodically
for changes. Your continued use of or access to the Website following the posting of any
changes to this Agreement constitutes acceptance of those changes. Kensington Digital
Media may also, in the future, offer new services and/or features through the Website
(including, the release of new tools and resources). Such new features and/or services
shall be subject to the terms and conditions of this Agreement.
Kensington Digital Media may terminate your access to all or any part of the Website at
any time, with or without cause, with or without notice, effective immediately. If you wish
to terminate this Agreement or your federatedmedia.com account (if you have one), you
may simply discontinue using the Website. Notwithstanding the foregoing, if you have a
paid services account, such account can only be terminated by Kensington Digital
Media if you materially breach this Agreement and fail to cure such breach within thirty
(30) days from Kensington Digital Media’s notice to you thereof; provided that,
Kensington Digital Media can terminate the Website immediately as part of a general
shut down of our service. All provisions of this Agreement which by their nature should
survive termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided “as is”. Kensington Digital Media and its suppliers and
licensors hereby disclaim all warranties of any kind, express or implied, including,
without limitation, the warranties of merchantability, fitness for a particular purpose,
security, accuracy and non-infringement. Neither Kensington Digital Media nor its
suppliers and licensors, makes any warranty that the Website will be error free or that
access thereto will be continuous or uninterrupted. You understand that you download
from, or otherwise obtain content or services through, the Website at your own
discretion and risk.
Limitation of Liability.
In no event will Kensington Digital Media , or its suppliers or licensors, be liable with
respect to any subject matter of this agreement under any contract, tort, negligence,
strict liability or other legal or equitable theory for:
Any suit arising out of the formation, performance or breach of this Agreement or
use of the Website or services
any special, incidental or consequential damages;
the cost of procurement for substitute products or services;
for interruption of use or loss or corruption of data; or
for any amounts that exceed the fees paid by you to Kensington Digital Media
under this agreement during the twelve (12) month period prior to the cause of
action.
Kensington Digital Media shall have no liability for any failure or delay due to matters
beyond their reasonable control. The foregoing shall not apply to the extent prohibited
by applicable law.
General Representation and Warranty.
You represent and warrant that: your use of the Website will be in strict accordance with
this Agreement and with all applicable laws and regulations (including without limitation
any local laws or regulations in your country, state, city, or other governmental area,
regarding online conduct and acceptable content, and including all applicable laws
regarding the transmission of technical data exported from the United States or the
country in which you reside) and; your use of the Website will not infringe or
misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Kensington Digital Media, all radio stations
owned and operated by Kensington Digital Media, its contractors, and its licensors, and
their respective directors, officers, employees and agents from and against any and all
claims and expenses, including attorneys’ fees, arising out of your use of the Website,
including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Kensington Digital Media and
you concerning the subject matter hereof, and they may only be modified by a written
amendment signed by an authorized executive of Kensington Digital Media, or by the
posting by Kensington Digital Media of a revised version.
Except to the extent that applicable law, if any, provides otherwise, this Agreement, any
access to or use of the Website will be governed by the laws of the state of Tennessee
U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes
arising out of or relating to any of the same will be the state and federal courts located in
Nashville, Tennessee.
Except for claims for injunctive or equitable relief or claims regarding intellectual
property rights (which may be brought in any competent court without the posting of a
bond), any dispute arising under or relating to the formation, performance or breach of
this Agreement, including use of the Website, shall be finally settled in accordance with
the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service,
Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The
arbitration shall take place in Nashville, Tennessee in the English language and the
arbitral decision may be enforced in any court. The prevailing party in any action or
proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If
any part of this Agreement is held invalid or unenforceable, that part will be construed to
reflect the parties’ original intent, and the remaining portions will remain in full force and
effect. A waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any subsequent
breach thereof. You may assign your rights under this Agreement to any party that
consents to, and agrees to be bound by, its terms and conditions; Kensington Digital
Media may assign its rights under this Agreement without condition. This Agreement will
be binding upon and will inure to the benefit of the parties, their successors and
permitted assigns.
