PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site"). This Site at KTVZONE.COM (“KTVZONE.COM” ) is fully controlled and operated by KTV, a business unit of Dominion Foundation, Inc. also known as Sky Angel (“Sky Angel”). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of KTVZONE.COM. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof on KTVZONE.COM. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
For your information, this page was last updated on April, 2003.
relating to the collection and use of your information.
INTELLECTUAL PROPERTY OWNERSHIP
All site audio clips, video clips, software, design, text, images, photographs, illustrations, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of KTVZONE.COM and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of KTVZONE.COM. Use of any KTVZONE.COM material and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not alter or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
GAMES, ACTIVITIES AND OUTSIDE WEB SITE HYPERLINKS
User agrees to hold KTVZONE.COM harmless for any hyperlinks to outside web sites, games, activities, or any other third-party material. KTVZONE.COM commits to periodically review outside web sites its Site links to but cannot guarantee that outside web sites will comply to Sky Angel and KTVZONE.COM’s Biblical ethics and moral codes. We suggest parents take an active role when their children are on KTVZONE.COM and monitor any and all web sites that their children are linking to from KTVZONE.COM. KTVZONE.COM cannot guarantee that all games, activities, and outside web sites will be consistent with Sky Angel’s stated mission and purpose or that the games, activities, or web sites conform to Biblical Christianity. The appearance of a hyperlink to an outside web site shall not constitute endorsement of such web site by KTVZONE.COM and KTVZONE.COM or its subsidiaries or affiliates do not verify, endorse, or take responsibility for the accuracy, currency, or completeness of the content contained at these sites. KTVZONE.COM will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.
CONTESTS, SWEEPSTAKES, AND OTHER ACTIVITIES
KTVZONE.COM provides Rules of Participation for certain activities on this Site including, without limitation, contests, sweepstakes and activities by KTVZONE.COM and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
PRODUCT AND SERVICE SALES
KTVZONE.COM or its subsidiaries or affiliates is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at third party web sites. Any such complaint or legal action would have to be made against the third party web site or organization from which the product was purchased.
DISCLAIMER AND LIMITATION OF LIABILITY
This Site and all materials contained on it are distributed and transmitted on an “as is” and “as available” basis, without warranties of any kind, either express or implied. KTVZONE.COM is not responsible or liable for any infections, bugs or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. To the fullest extent permissible pursuant to applicable law, KTVZONE.COM, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the materials contained on this Site whether the material is provided or otherwise supplied by KTVZONE.COM or any third party. Notwithstanding the foregoing, in no event shall KTVZONE.COM’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
You agree to indemnify KTVZONE.COM and its affiliates, and their respective officers, directors, shareholders, employees, successors, assigns, and third party providers to the Site and shall hold them harmless from and against any claims regarding the use of this web site by you, and violation of any part of this agreement by you, including, but not limited to, damages, liabilities, costs and expenses, including reasonable attorneys' fees, assessed against or incurred by KTVZONE.COM. User will promptly assume the defense of any claim or litigation to which its warranty and indemnity hereunder applies. User shall promptly give Dominion Foundation, Inc. notice of all claims relating to alleged violations of copyright, trademark, right of privacy, right of publicity, literary, dramatic or music rights that are brought or asserted against User by any third party; and User shall not enter into any settlement of such claim without first obtaining the written consent of KTVZONE.COM, which consent shall not be unreasonably delayed or denied. KTVZONE.COM reserves the right to assume, at its sole discretion and expense, the exclusive defense and control of any matter subject to indemnification by you, in which you will fully cooperate with KTVZONE.COM in asserting any available defenses.
KTVZONE.COM operates and controls this site from its offices at 3050 N. Horseshoe Dr., Naples, FL 34104, United States of America. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Florida. KTVZONE.COM is a member of the Dominion Foundation, Inc. family of companies.
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