Terms of Use
Web Site Terms and Conditions of Use1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
Permission is granted to temporarily download one copy of the materials (information or software) on Gulf California Broadcast Company (?Gulf California?)’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Gulf California’s web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Gulf California at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. The materials on Gulf California’s web site are provided “as is”. Gulf California makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Gulf California does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Gulf California or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Gulf California’s Internet site, even if Gulf California or a Gulf California authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Gulf California’s web site could include technical, typographical, or photographic errors. Gulf California does not warrant that any of the materials on its web site are accurate, complete, or current. Gulf California may make changes to the materials contained on its web site at any time without notice. Gulf California does not, however, make any commitment to update the materials.
6. Links
Gulf California has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Gulf California of the site. Use of any such linked web site is at the user’s own risk.
7. Digital Millennium Copyright Act Notice
If you believe that content located on this website infringes one or more of your copyrights, please immediately notify the Copyright Agent for Gulf California by means of a mailed or e-mailed notification (?Infringement Notification?) providing the information described below to the address or email address listed below. You may be held liable for damages if you make material misrepresentations in an Infringement Notification. Thus, if you are not sure content located on this site infringes your copyright, you should first contact an attorney.
All Infringement Notifications should include the following:
A signature, electronic or physical, of the copyright owner or a person authorized to act on the copyright owner’s behalf; Identification of the copyright claimed to have been infringed; A description of the nature and location on the website of the content that you claim to infringe your copyright, in sufficient detail to permit the Gulf California to find and positively identify that content; Your name, address, telephone number and email address; and A statement by you: that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner?s agent; and, under penalty of perjury, that all of the information contained in your Infringement Notification is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
Infringement Notifications should be sent to the following:
By mail: Eric Sandoval Digital Content Director Attn – DMCA Copyright Agent Gulf California Broadcast Company 42-650 Melanie Place Palm Desert, California 92211
By email: esandoval@kesq.com
8. Interactive Features
This website includes a variety of features that allow feedback to Gulf California and real-time interaction between users that can allow users to communicate with others. You are responsible for material that you post on this website. Gulf California does not control or routinely review the messages, information or files that others may provide through the website.
It is a condition of your use of this website that you do not:
Restrict or inhibit any other user from using and enjoying the website. Post or transmit any unlawful, threatening, abusive, libelous, fraudulent, discriminatory, obscene, vulgar, hateful, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. Post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. Post or transmit any information, software or other material that contains a virus or other harmful component. Post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising. Advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of Gulf California. Gather for the purpose of spamming, phishing or password harvesting email addresses that have been posted by other users of the website. Use or attempt to use another person?s account, password or services. Disrupt, interfere with or otherwise violate the security of the website or any services, accounts, passwords, servers or networks related to the website. Send repeated messages to another user or repeat postings of the same message under the same or multiple subjects.
A VIOLATION OF THE FOREGOING MAY BE REFERRED TO LAW ENFORCEMENT.
You understand that Gulf California has no obligation to monitor any areas of the website through which users can supply or post information or material. Gulf California reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or for its own editorial purposes, and to refuse to post or to remove any information or materials, in whole or in part, that in Gulf California?s sole discretion are objectionable or in violation of these Terms of Use.
9. Registration
To use certain features of the website, you must register with Gulf California. In so doing, you agree (a)to provide true, accurate, current and complete information about yourself, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Gulf California believes such information is untrue, inaccurate, not current, or incomplete, Gulf California has the right to suspend or terminate your account and refuse any and all current or future use of the website by you. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy. Supplemental to any provisions therein, Gulf California always and unconditionally reserves the right to use any personally identifying information you provide to us in the registration process for newsgathering purposes, as Gulf California so chooses.
10. License to Gulf California
By posting messages, uploading files, or otherwise providing any material for display on the website, you are representing that you are the owner of the material, or are making your submission with the consent of the owner of the material, all information you provide is true, accurate, current and complete and does not violate these Terms of Use. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the website, you are granting Gulf California a perpetual, irrevocable, royalty-free, non-exclusive, worldwide license, with the right to use, copy, sublicense, modify, adapt, create derivative works, transmit, distribute, publicly perform or display such material. The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, patent, or right of publicity laws in any jurisdiction. All rights in this paragraph are granted without compensation of any sort to you.
11. Site Terms of Use Modifications
Gulf California may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
12. Governing Law
Any claim relating to Gulf California’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
