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TERMS AND CONDITIONS

1. Introduction

Welcome to the internet site of Kigooco FM. Please read these terms of use carefully before using our site. By using our site, or by clicking the box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to them, you may not use our site.

Please note that special terms apply for subscription-based services, rules for particular contests, features and such activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such considerations includes your use of kigooco FM site and receipt of data, materials and information available at or through the kigooco FM site, the possibility of our use or display of your submissions (as defined in section 3, entitled "submissions") and the possibility of the publicity and promotion from our use or display of your solicited submissions.

2. Use of Content

All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled “SUBMISSIONS”) (“Content”) contained on kigooco FM site are our copyrighted property or the copyrighted property of our licensors, licensees or respective owners. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the kigooco FM site or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from any kigooco FM site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the kigooco FM site, except that where a kigooco FM site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you
 (a) keep intact all copyright and other proprietary notices,
 (b) make no modifications to the Content, and
 (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of kigooco FM site is prohibited.

In the event that we offer downloads of software on a kigooco fm site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

In these terms of use, we use the word “Submissions” to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through a FMG Site.

3. Submissions

There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions
(a) that we expressly request or enable you to provide to us via any feature or activity on a kigooco FM Site for our review or display and possible specifically-defined consideration or compensation. “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.

4. Licences and representations

You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submis‐ sions, in whole or in part, in all media formats and channels now known or hereafter devised (including on kigooco FM sites, on third party web sites, on our broadcast and cable networks, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).

5. Rules of conduct

The following Rules of Conduct apply to the FMG Sites. By using the kigooco FM Site, you agree that you will not Distribute any Submission that:

 I.
  (a)
is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
  (b) is bigoted, hateful, or racially or otherwise offensive;
  (c) is violent, vulgar, obscene, pornographic or other‐ wise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

 II. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

 III. infringes or violates any right of a third party including:
  (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights;
  (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or
  (c) any confidentiality obligation;

 IV. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);

 V. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the kigooco FM Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the kigooco FM Sites; or

 VI.
  (a)
does not generally pertain to the designated topic or theme of the relevant Public Forum;
  (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or
  (c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

6. Cooperation; Removal of Submissions

We reserve the right, but disclaim any obligation or responsibility, to
 (a) refuse to post or communicate or remove any Submission from any kigooco FM Site that violates these terms of use (including the Rules of Conduct) and
 (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either
  (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or
  (ii) help to enforce these terms of use (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including kigooco FM Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

7. Disclaimer

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO KIGOOCO FM SITE OR ANY THIRD PARTY SITE OR SERVICES LINKED TO FROM ANY FMG SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY KIGOOCO FM SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).