TERMS OF USE

Welcome to the Emmis Austin Radio Broadcasting Company, Lp. web site, owned and produced by Emmis Austin Radio Broadcasting Company, Lp. Broadcast Company and its subsidiary and affiliate entities, successors, and assigns (collectively referred to as Emmis Austin Radio Broadcasting Company, Lp.) which currently consists of various web pages at or linked to the URLs at http://www.emmisaustin.com, http://www.101x.com, http://www.klbjfm.com, http://www.590klbj.com, http://www.kgsr.com, http://www.1035bobfm.com, http://www.hot933.fm (collectively referred to as the "Site," which may expand or change from time to time). By using the Site, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Site ("Agreement"). All such guidelines and rules are hereby incorporated by reference into this Agreement. If you do not agree with all of the following terms of this Agreement, please do not use or access the Site. The Site is intended for your personal entertainment, information, education and communication.


Emmis Austin Radio Broadcasting Company, Lp. reserves the right, at its sole discretion, to change, modify or otherwise alter the terms and conditions in this Agreement at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review this Agreement periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of this Agreement as revised.


1. Use of Materials: The Site contains material which is derived in whole or in part from material supplied by Emmis Austin Radio Broadcasting Company, Lp. and other sources, and is protected by U.S. and international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Emmis Austin Radio Broadcasting Company, Lp.'s or such other sources' copyright, trademark and other proprietary rights. In the event that you download Materials from the Site, you are granted a limited license to use such Materials and Emmis Austin Radio Broadcasting Company, Lp. does not transfer title to any such Materials to you. The use of any such Materials on any other web site or networked computer environment without Emmis Austin Radio Broadcasting Company, Lp.'s express written consent is prohibited.


2. Minors: CHILDREN UNDER THE AGE OF 13 CANNOT REGISTER FOR THE SITE HEREUNDER. YOU ACKNOWLEDGE THAT SOME AREAS OF THE SITE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to register as a member of the Site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Site; and (c) the consequences of any use of the Site by such Minor. At various places on the Site, Emmis Austin Radio Broadcasting Company, Lp. asks whether users are under the age of 13. Emmis Austin Radio Broadcasting Company, Lp. relies on the users of the Site to be truthful in responding to these questions. If a user does not identify or is not truthful about his/her proper age, Emmis Austin Radio Broadcasting Company, Lp. will have no way of verifying actual age with respect to our privacy policy.


3. Personal Safety: When using the Site, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.


4. Registration: Certain services provided in the Site may require you to register in order to use such services and you will be required to provide certain information about yourself. In consideration of use of such service(s) in the Site, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by the various services registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Emmis Austin Radio Broadcasting Company, Lp. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Emmis Austin Radio Broadcasting Company, Lp. has the right to suspend or terminate your account and refuse any and all current or future use of any of the Site’s services. Any personal information supplied hereunder will be subject to the terms of our privacy policy.


5. Password: Your password will allow you to access certain parts of the Site. You are solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Emmis Austin Radio Broadcasting Company, Lp. of any unauthorized use of your password or account, or any other breach of security.


6. Services: Emmis Austin Radio Broadcasting Company, Lp. may send you e-mail newsletters informing you of new membership benefits and features, letting you know of problems with the Site or with services offered by Emmis Austin Radio Broadcasting Company, Lp., or presenting you with the opportunity to buy selected products and services. You may start or stop receiving such e-mail newsletters at any time by sending an e-mail to the webmaster stating that you no longer want to receive such e-mail newsletters.


7. Unsolicited Material: Emmis Austin Radio Broadcasting Company, Lp.’s longstanding company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those Emmis Austin Radio Broadcasting Company, Lp. has specifically requested. This policy is to avoid the possibility of future misunderstandings when projects developed by Emmis Austin Radio Broadcasting Company, Lp. might seem similar to the creative ideas, suggestions or materials submitted by users. However, if you do send Emmis Austin Radio Broadcasting Company, Lp. any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Unsolicited Material"), the Unsolicited Material shall be deemed, and shall remain, the property of Emmis Austin Radio Broadcasting Company, Lp.. Emmis Austin Radio Broadcasting Company, Lp. may edit, copy, publish, distribute, translate, and otherwise use or exploit in any medium any Unsolicited Material that you forward to Emmis Austin Radio Broadcasting Company, Lp. and Emmis Austin Radio Broadcasting Company, Lp. will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Unsolicited Material. If you are a member of any guild or union, such as the Writers Guild of America, for example, the Unsolicited Material is not subject to the terms of any collective bargaining agreement. Emmis Austin Radio Broadcasting Company, Lp. is and shall be under no obligation to: (1) maintain any of your or any user's Unsolicited Material in confidence; (2) to pay to you or any user any compensation for any Unsolicited Material; or (3) to respond to any of your or any other user's Unsolicited Material.


8. Bulletin Boards:
a. The Site may include bulletin boards and other areas where users can post and/or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively "Bulletin Boards"). Emmis Austin Radio Broadcasting Company, Lp. does not control the material delivered to Bulletin Boards, and Emmis Austin Radio Broadcasting Company, Lp. has no obligation to monitor such Bulletin Boards. The messages do not necessarily reflect the views of Emmis Austin Radio Broadcasting Company, Lp.. In no event shall Emmis Austin Radio Broadcasting Company, Lp. assume or have any responsibility or liability for any materials posted on Bulletin Boards or for any claims, damages or losses resulting from their use and/or appearance on the Site. Emmis Austin Radio Broadcasting Company, Lp. reserves the right at all times to disclose any information (including the identity of the persons providing information or materials on its Bulletin Boards) as necessary to satisfy any law, regulation or governmental request. In addition, Emmis Austin Radio Broadcasting Company, Lp. reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in Emmis Austin Radio Broadcasting Company, Lp.'s sole discretion are tasteless, offensive, objectionable or in violation of this Agreement. By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting Emmis Austin Radio Broadcasting Company, Lp. a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, publish, adapt, transmit, publicly perform or display any such communication. Emmis Austin Radio Broadcasting Company, Lp. may without limitation sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect such communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction, and to use bulletin board remarks for the purpose of advertising and promotion, without revealing the identity of the individual to whom the remark is attributed unless Emmis Austin Radio Broadcasting Company, Lp. obtains the permission of such individual or unless otherwise provided for herein.

b. 93.7 KLBJ-FM is not responsible for members or guest meeting through the 93.7 Message Boards. KLBJ-FM cannot be held liable for any damages (emotional, psychological, physical, or otherwise) concurred by meeting any other person on this forum and or web site.


9. Rules: It is a condition of your use of the Site that you do not:

a. Restrict or inhibit any other user from using and enjoying the Bulletin Boards;

b. Alter any material Emmis Austin Radio Broadcasting Company, Lp. posts on the Site;

c. Post or transmit any unlawful, threatening, abusive, libelous, derogatory, defamatory, obscene, vulgar, pornographic, profane, offensive or indecent information of any kind, including images and language;

d. Post any message that solicits gambling or engage in any gambling activity;

e. Post any hateful or harassing messages, information or material;

f. Post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing;

g. Transmit or upload any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;

h. Transmit or upload any information, software or other material which contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices or engage in disruptive activities online, including excessive use of scripts, sound waves and scrolling;

i. Use any Bulletin Boards for any illegal purposes (or to solicit any illegal act);

j. Use the Site for the purposes of sending junk e-mail, chain letters, duplicative or unsolicited messages or "spamming" or in connection with contests, surveys or pyramid schemes;

k. Use the Site to collect personally identifying information about users of the Site in violation of Emmis Austin Radio Broadcasting Company, Lp.’s Privacy Policy;

l. Try to gain unauthorized access to the Site, other users' accounts, or computers connected to the Site though password mining or other means;

m. Interfere with another user's use and enjoyment of the Site or any other individual's user and enjoyment of similar services;

n. Resell, redistribute, broadcast or transfer the information or use the information derived from the Site in a searchable, machine-readable database;

o. Disguise a file type to thwart Emmis Austin Radio Broadcasting Company, Lp.'s detection processes;

p. Submit to the Live Directory multiple web sites with different URLs that re-direct a user to one web page; (xv) submit to Live Directory more than one URL for a single category or update Live Directory listings with intent to distort or misrepresent them, including but not limited to changing titles of the entries, descriptions of the entries, URLs, or keywords; and

q. Attempt to gain unauthorized access to other computers, computer systems or networks connected to the Site.


10. Monitoring: You acknowledge and agree that Emmis Austin Radio Broadcasting Company, Lp. reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site, including, but not limited to, the Bulletin Board, for operational and other purposes. During monitoring, information may be deleted, examined, recorded, copied, and/or used for authorized purposes in accordance with Emmis Austin Radio Broadcasting Company, Lp.'s Privacy Policy. Use of the Site constitutes consent to such monitoring. Emmis Austin Radio Broadcasting Company, Lp., however, is not obligated to monitor. Furthermore, Emmis Austin Radio Broadcasting Company, Lp. reserves the right at all times to disclose any information posted on the Bulletin Boards or on any other portion of the Site as necessary to satisfy any law, regulation or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in Emmis Austin Radio Broadcasting Company, Lp.'s sole and absolute discretion are objectionable or in violation of this Agreement.


11. Sweepstakes and Other Activities: Emmis Austin Radio Broadcasting Company, Lp. provides rules for certain activities on the Site including, without limitation, e-mail services, contests, sweepstakes, and auctions sponsored by Emmis Austin Radio Broadcasting Company, Lp. and in conjunction with third parties. This Agreement is incorporated by reference to the specific rules, which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific rules, the rules for the activity in which you choose to participate shall govern. Your participation in any such activities shall be subject to the applicable laws of your state.


12. Hyperlinks to Third Party Sites: The appearance of external hyperlinks are presented as a convenience only and do does not constitute endorsement by Emmis Austin Radio Broadcasting Company, Lp., its subsidiaries, assigns, licensees and related entities of the opinions or views expressed by these linked web sites and Emmis Austin Radio Broadcasting Company, Lp. does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in linked sites. Furthermore, Emmis Austin Radio Broadcasting Company, Lp. is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Emmis Austin Radio Broadcasting Company, Lp., nor its subsidiaries and related entities will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall Emmis Austin Radio Broadcasting Company, Lp. assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, under no circumstances will Emmis Austin Radio Broadcasting Company, Lp. 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 sites.


13. Termination: Emmis Austin Radio Broadcasting Company, Lp. may, in its sole discretion, discontinue or alter any aspect of the Site or any services included on or through the Site at any time with or without notice and for any reason, including but not limited to (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Site for computer types and operating systems, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user's right to use all or part of the site. Emmis Austin Radio Broadcasting Company, Lp. shall not be liable to any party for any such termination or alteration.

You are responsible for all charges (e.g., telephone, cable, electricity, etc.) associated with connecting to the Site through an available access number or Internet service provider. You are also responsible for obtaining or providing all telephone or cable access lines, telephone, cable and computer equipment (including modem), or other access devicas necessary to access the Site.

If you object to any of the terms in this Agreement, you may discontinue use of the Site. You may cancel your subscription to any Emmis Austin Radio Broadcasting Company, Lp. service by following the directions provided in such service.


14. Disclaimer: TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER Emmis Austin Radio Broadcasting Company, Lp. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

You assume all risk of errors and/or omissions in the Site, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Site, including the information provided thereon, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Site, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.

You specifically acknowledge and agree that Emmis Austin Radio Broadcasting Company, Lp. is not liable for any defamatory, offensive, harassing or illegal conduct of any user.


15. Limitation of Liability: Your use, access to and browsing of the Site is at your risk. Emmis Austin Radio Broadcasting Company, Lp. assumes no responsibility for any personal injury or property damage which results from your use of and access to the Site. If you are dissatisfied with any of the Materials contained in the Site, or with any part of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. Emmis Austin Radio Broadcasting Company, Lp. also assumes no responsibility, and shall not be liable for any damages to, or viruses, worms or bots that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any Materials from the Site. Emmis Austin Radio Broadcasting Company, Lp. does not warrant or make any representations of any kind or nature with respect to the Materials. You are responsible for compliance with local laws, if and to the extent local laws are applicable.

IN NO EVENT SHALL Emmis Austin Radio Broadcasting Company, Lp., ITS PARENT OR SUBSIDIARIES, ITS LICENSEES OR ASSIGNS, OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY UNAVAILABILITY THEREOF, Emmis Austin Radio Broadcasting Company, Lp.'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Emmis Austin Radio Broadcasting Company, Lp. OR ANY OF ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURIES ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, WORMS, POWER FAILURE, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY MATERIAL. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Emmis Austin Radio Broadcasting Company, Lp., ITS PARENT, SUBSIDIARIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. IF YOUR STATE DOES NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LAST, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.


16. Indemnification: You agree to indemnify, defend and hold harmless Emmis Austin Radio Broadcasting Company, Lp. and its parent, subsidiaries, affiliates, licensees and assigns, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting directly or indirectly from or in connection with (a) any violation of the terms and conditions of this Agreement, (b) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (c) any misrepresentation made by you in connection with your use of the Site; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Site, including the information obtained through the Site. Emmis Austin Radio Broadcasting Company, Lp. reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Emmis Austin Radio Broadcasting Company, Lp. in asserting any available defenses.


17. United States Export Controls: Emmis Austin Radio Broadcasting Company, Lp. operates at Austin, Texas and controls the Site from its offices and Raque Space in San Antonio, Texas. The Site is intended exclusively for residents of the United States. Emmis Austin Radio Broadcasting Company, Lp. makes no representation that materials on the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported to reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.


18. Miscellaneous: 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, this Agreement will be deemed curtailed only to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.


This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and the United States without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of courts in Austin, Texas, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Site and waive any right you may have pursuant to any state, local or national law with respect to forum non conveniens and choice of law. The titles and headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.


SM & © 2005 Emmis Austin Radio Broadcasting Company, Lp., All Rights Reserved.
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