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Privacy Policy Overview
This document describes the KIWC 106 FM
(hereafter referred to also as KFM) policies regarding personal information,
ongoing communication, site security and the overall site usage of http://www.kiwcfm.com/. These
provisions apply solely to KFM online activities and
are not necessarily applicable to practices KFM may engage in outside of
KIWC 106 FM. Use of the KIWC 106 FM website signifies your agreement to the terms and
conditions of use set forth in this document. If you do not agree to these terms, you may not access or
otherwise use this website.
Use of Website Agreement
KIWC 106 FM is presented by Imagelock West Communications from within the United States, and
furthermore KIWC 106 FM makes no representation that materials in the website
are appropriate or available for use in locations outside the United States and
access to them from territories where their contents are illegal is prohibited.
Those who choose to access this website from other locations do so on their own
initiative and are responsible for compliance with applicable local laws.
The materials provided on KFM are protected by
copyright as a collective work and/or compilation, pursuant to U.S. copyright
laws, international conventions, and other copyright laws. The contents of
KFM is only for your personal, non-commercial use.
All materials contained on this website are protected by
copyright, and are owned or controlled by KIWC 106 FM or the party credited as the provider of
the content. You will abide
by any and all additional copyright notices, information, or restrictions
contained in any content provided on this website. You may download and
make one copy of the content and any other downloadable items displayed on KFM for
personal, noncommercial use only, provided that you
maintain all copyright and other notices contained in such content. Copying or
storing of any content for other than personal, noncommercial use is expressly
prohibited without prior written permission from KIWC 106 FM or the
copyright holder identified in any specific copyright notice.
Any prices that may be shown here on KIWC 106 FM are based on U.S. dollars and do not include extra costs,
such as, but not limited to, taxes. For specific pricing, reservation availability and
procedure information, please visit the accommodations provider's website directly to verify any posted or
indicated rates.
The accuracy of the information on the website cannot be guaranteed,
particularly since this information is subject to change. All product
illustrations and specifications are based upon current information at the time
of programming. Although descriptions are believed correct, complete accuracy
cannot be guaranteed. KIWC 106 FM reserves
the right to make changes at any time, without notice or obligation, in the
information contained on this website, including and without limitation to
prices, incentive programs, specifications, equipment, colors, materials and to
change or discontinue models.
This Agreement shall be deemed to include all other notices, policies,
disclaimers, and other terms contained in this website; provided, however, that
in the event of a conflict between such other terms and the terms of this
Agreement, the terms of this Agreement shall control. This Agreement shall be
governed by and construed in accordance with the laws of State of Nevada,
without regard to conflicts of laws provisions. Sole and exclusive jurisdiction
for any action or proceeding arising out of or related to this agreement shall
be an appropriate state or federal court located in the State of Nevada. This
Agreement constitutes the entire agreement between KIWC 106 FM and you with respect
to your use of this website and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between you and KFM. Any cause
of action you may have with respect to your use of
this website must be commenced within one (1) year after the claim or cause of
action arises. If for any reason a court of competent jurisdiction finds any
provision of the Agreement, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to effect
the intent of the Agreement, and the remainder of this Agreement shall continue
in full force and remain in effect.
Collection of Personal Information
User information is collected primarily to provide a more efficient KFM
online experience, as well as new, updates and information to help KFM
meet your needs.
We may request that you voluntarily supply us with personal information such
as your home zip/postal code and other such information. By voluntarily
providing personal information, you are consenting to the collection and use of
your personal information in accordance with the terms of this Privacy Policy.
You may choose not to use any service that requires the use of your personal
information in a manner not described in this Privacy Policy. Your use of
KIWC 106 FM, or any other KFM online services will be
considered as your consent to the use of your personal information in the way
described.
The request for email communication or contact from KFM may result in
the collection of (but is not limited to) the following information:
Name
Address
Email address
Use of Information
The information we collect via the Registration process on KIWC 106 FM is used to
better serve your online needs. We do not share
this information with third parties.
We use the return email address to answer any email we receive. We may also
use these email addresses to site status and to respond to queries.
To receive news, updates and information via email, register at KIWC 106 FM.
We may use non-identifying and aggregate information to better design our website and
share with our marketing and advertising agencies. If you choose to
create an KFM Profile or receive information, or to otherwise give us personal
information, we may store some or all of that information and use it for
marketing research and marketing purposes. To enhance your experience on
KIWC 106 FM, we might use information you provide to us
through your KFM profile to pre-populate forms with your name, address, phone,
and email address, if you choose to save your information.
Security of Personal Information
We exercise all reasonable care to protect your non-public personal information.
This includes storing the personal information on our servers behind a secured
firewall and ensuring all transmissions to other vendors use secure encryption
technology. Unfortunately, no data transmission over the Internet can be
guaranteed to be 100% secure. So while we strive to protect your non-public
personal information, we cannot guarantee the security of any information you
transmit to us or receive from us. This is especially true for information you
transmit to us via email. We have no way of protecting that information until
it reaches us. Once we receive your transmission, we maintain physical,
electronic and procedural safeguards to protect your personal information.
Internally, we will limit access to non-public personal information to those
associates who need the information to provide products and services to you or
maintain or service those products or services. These associates are limited in
number, and are committed to our privacy and security policies. We will review
our security arrangements from time to time, as we deem appropriate.
Sharing of Non-Public Personal Information
We reserve the right to, without notice to you, share non-public personal
information with companies that work for us for the sole purpose of providing
you with valuable services you've requested or already have through KIWC 106 FM.
These companies may assist us in fulfilling your requests or
processing your transactions. We will only share information with companies that
work for us to provide marketing and other services and with non-affiliated
persons and entities with whom we have entered into a joint marketing agreement,
where we together market either our products or those of our marketing partner
if you expressly authorize us to share this information. These companies are
contractually forbidden from disclosing or using our customer information other
than to carry out the purposes for which the information was disclosed. These
companies are in no way authorized to sell, rent or trade your personal
information. While there are such contractual obligations in place, we cannot
and do not guarantee that a third party could breach its obligation and use your
non-public personal information in a way contrary to our policy.
We may disclose information, including non-public personal information, in
special cases when we have a good faith belief that such action is necessary to:
(a) conform to legal requirements or comply with the legal process such as, but
not limited to situations when we are required to do so by federal, state or
local laws and regulations or when we receive a subpoena or are ordered by a
court to do so; (b) protect and defend our rights; or (c) act to protect the
interests of our users or others. Additionally, we may, without notice to you,
provide aggregate statistics about visitors to KFM
such as volume, traffic patterns and related site information to reputable
third-party vendors, however these statistics will not include any personal information.
Viewing and Updating Your Information
You can review and revise your personal information at any time by accessing
your KFM Profile at KIWC 106 FM. To protect your privacy,
we make every attempt to verify your identity before granting access to view or
revise your personal information.
Email Communication From KFM
You will only receive email from KIWC 106 FM if you have registered for one of
our mailing lists. If you are
currently on our list and do not wish to receive further information from us,
click here. To sign up for news, updates and information from KIWC 106 FM via email,
click here.
Monitoring Site Traffic
We collect anonymous user information by using Cookies. This enables KFM to
gather information about every visit to our site. Once a user has registered on
the KFM website KFM might elect to use Cookies to track a specific user. We
use this information to enhance the user experience during future visits to the
website. We might also collect information on the browser type including
plug-in versions, for example Flash or QuickTime. Another example of information
we might capture is the URL where a user is entering or exiting the site.
Cookie Use
A Cookie is a small piece of information that the browser sends to the web
server with each page request. A Cookie can be saved on a user's hard drive as a
small text file or it can be restricted to the computer's memory where it is
removed once the browser is closed. Only the Cookies that are associated with a
specific URL are sent to the web server, Cookies that are sent from one web
server are never sent to another web server. KFM uses Cookies to identify
specific machines in order to gather aggregate data on how web users are
utilizing KIWC 106 FM websites. In some cases Cookies
might be used to identify a specific user.
Pixel/Spotlight Tags
A "pixel tag" or "spotlight tag" is a small graphic file that is included in
the Web page being displayed. By virtue of its existence on specific pages KFM
can gain further information on how users are making use of the KFM website. Since the
browser requesting this small graphic
file is no different than the browser requesting any other web page it is
possible that a Cookie might be transmitted along with the request. This means
that all the information that is identified in the "Site Traffic Monitoring"
section can also be collected by the use of a "pixel" or "spotlight" tag.
Transmission of Information
Any material, information or idea you transmit to or post on KFM by any means will be treated as non-confidential and
non-proprietary, and may be disseminated or used by KIWC 106 FM or its affiliates for
any purpose whatsoever, including, but
not limited to, developing, manufacturing and marketing products.
Notwithstanding the foregoing, all personal data provided to KIWC 106 FM online
will be handled in accordance with the
KIWC 106 FM Online Privacy Practices. You are
prohibited from posting or transmitting to or from this website any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material, or any other material that could give rise to
any civil or criminal liability under the law.
Third Party Links
KIWC 106 FM may contain links to other sites, including
those of our business partners. While we try to link only to sites that share
our high standards and respect for privacy, we are not responsible for the
privacy practices employed by other sites and those other sites have not agreed
to our privacy policy. You are encouraged to visit those sites for information regarding their privacy
policy prior to providing them with any personal information.
The links we provide on KIWC 106 FM are there for your
reference and convenience. We do not control any of these websites, nor are we
responsible for their content. KIWC 106 FM
does not imply any endorsement of the material on such websites or any
association with their operators by including these links on KFM.
If you decide to access any of these websites you do so
entirely at your own risk and you should be aware that upon using these links
you will leave KIWC 106 FM.
Limitation of Warranty and Liability
THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, IS PROVIDED "AS
IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KIWC 106 FM
AND ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS MAKE NO
REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB
SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE
USED ON OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR
HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH
THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED
SITE. FURTHER, KIWC 106 FM AND ITS
SUBSIDIARIES, AFFILIATES AND SUPPLIERS DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. KIWC 106 FM NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY
MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KIWC 106 FM AND
ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS
SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION,
THE CONTENT AND ANY ERRORS CONTAINED THEREIN AND THE SOFTWARE WHICH MAY BE
DOWNLOADED THERE FROM; AND SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KIWC 106 FM AND USER. THIS SITE AND THE INFORMATION,
SOFTWARE, FORMS, AGREEMENTS, AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
Indemnification
You hereby agree to indemnify, defend and hold KIWC 106 FM, and
all its officers, directors, owners, agents, employees,
information providers, affiliates, licensors and licensees (collectively, the
"Indemnified Parties") harmless from and against any and all liability and costs
incurred by the Indemnified Parties in connection with any claim arising out of
any breach by you of the Agreement or the foregoing representations, warranties
and covenants, including, without limitation, attorneys fees and costs.
Modification of Terms and Conditions
KIWC 106 FM reserves the right, at its sole
discretion, to change, modify, add or remove any portion of this Agreement, in
whole or in part, at any time. Notification of changes in the Agreement will be
posted on the website. KIWC 106 FM may change,
suspend or discontinue any aspect of the website at any time, including the
availability of any website feature, database, or content. KIWC 106 FM
may also impose limits on certain features and services
or restrict your access to parts or all of the website without notice or
liability. By using this website you agree to be bound by any such revisions
and should therefore periodically visit the page to determine the then current
terms of use to which you are bound.
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