Acceptance of Terms Through Use

By using KPWR-FM's Web site, power106.fm (the "Site"), you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use"). We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the site immediately. Links to Third Party Sites

KPWR-FM's site contains links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the contents of any linked site or subsequent links from that site. Please review the linked site's use agreements, and if you do not agree to be bound by the terms governing that site, we recommend that you terminate your visit to that site. We provide links only as a courtesy to our users, and such links do not imply our endorsement of any linked site.

Intellectual Property

You acknowledge that all content and materials available on this site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by KPWR-FM or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in this Terms of Use and for no other purpose.

KPWR-FM, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by KPWR-FM. The use or misuse of any of these materials is strictly prohibited.

User's Grant of Limited License

By posting or submitting content to the Site, you grant KPWR-FM and our affiliates and worldwide licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content and that our public posting and use of your content will not infringe or violate the rights of any third party. KPWR-FM retains the right to monitor, edit or otherwise change your posting or other content submitted to the Site without your permission. Copyright Policy and Procedure for Claims Pursuant to Title 17, United States Code, Section 512(c), notifications of claimed copyright infringement should be sent to our Designated Agent. If you believe that your copyrighted work has been copied and is available on the Site in a way that constitutes copyright infringement, please refer to our Copywrite Policy.

Disclaimer of Warranties

You expressly agree that all materials, information, software, products, and services included in or available through the site (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. Neither KPWR-FM, nor our subsidiaries or licensors, make any warranty that the content of the site is accurate, reliable or correct; that the site will be available at any particular time or location; that any defects or errors will be corrected; that the content is free of viruses or other harmful components; or that you will achieve successful results from following any instructions, directions or recommendations on the site.

Limitation of Liability

Under no circumstances shall KPWR-FM, our subsidiaries or our licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, the site or from information provided on the site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damage because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Our liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold KPWR-FM, Emmis Communications and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the Content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. KPWR-FM makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

Choice of Law

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Indiana , and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability

This Terms of Use constitutes the entire agreement between KPWR-FM and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Unauthorized Use and Termination

You agree to use the Site only for authorized and legal activities. KPWR-FM reserves the right, in its our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.


The following provision applies to all visitors to this website (including, without limitation, persons, representatives of legal entities, and digital engines of any kind, including, without limitation, ones that crawl, index, scrape, copy, store, or transmit digital content): By accessing this website, you specifically acknowledge an agree that (I) Associated Press text, photo, graphic, audio, and/or video material (collectively, “AP Material”) shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium; (II) No AP Material nor any portion thereof may be stored in a computer except for personal and non-commercial use; (III) The Associated Press shall not be held liable for any delays, inaccuracies, errors, or omissions in the AP Material or in the transmission or delivery of any part thereof or for any damages arising therefrom or occasioned thereby; (IV) The Associated Press is an intended third-party beneficiary of these terms and conditions and may exercise all rights and remedies available to it; and (V) The Associated Press reserves the right to audit possible unauthorized commercial use of AP Material or any portion thereof at any time. For more information, please visit: http://www.ap.org/termsandconditions

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