1. Personal Uses Permitted
2. User's Obligation to Abide By Applicable Law
In using the KET Web site, you shall abide by all applicable federal, state or local laws, including but not limited to those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The Information available on the KET Web site may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties against the violator.
3. Disclosure of Online Communications.
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that administrative personnel of KET may, in the course of their regular duties, have access to communications made to, on or otherwise facilitated by the KET Web site, for technical or operational purposes. KET may also disclose any such communications to the extent permitted or required by law.
4. Prohibition Against Rogue Programming
You shall not post, transmit, upload or make available in any way through the KET Web site, any software or other materials which contain a computer virus, trojan horse, timebomb, worm or any other malicious or rogue programs or software ("Rogue Programming"). KET has no obligation to detect the presence of any Rogue Programming on the KET Web site. Any downloading by you of software or other materials, or any other use by you of the KET Web site, is at your risk, and you are advised to take adequate precautions to minimize your exposure to any harmful consequences that could be caused by Rogue Programming, including the use of up-to-date anti-virus programs and the proper backup of your files.
5. Content of Information
You are responsible for the content of any Information you cause to be placed on the KET Web site. The Information posted to or otherwise placed on the KET Web site does not necessarily reflect the views of KET, and in no event shall KET assume or have any responsibility or liability for any information posted to or otherwise placed on the KET Web site or for any claims, damages or losses resulting from the use and/or appearance of such information on the KET Web site. Information on the KET Web site should not be considered to be endorsed by KET merely by virtue of its presence on the KET Web site. KET has no obligation to, and does not in the normal course of its operation, monitor or control any Information that is or becomes available on the KET Web site. KET reserves the right to review any Information that is or becomes available on the KET Web site.
By submitting information to KET, you grant KET a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now known or hereinafter devised and represent that you have all necessary rights in so submitting the information. While KET strives to provide users with the highest-quality related resources on its Web site, we cannot and do not ensure the quality or accuracy of the non-KET content to which we facilitate or otherwise provide access.
6. Video and Audio
The Video and Audio on KET’s Web site, including but not limited to MP3, XML, RSS, podcasts, Windows Media, Real Media, QuickTime Media, and Flash Media files that comprise KET-hosted video and/or audio (herein referred to as "Video and Audio") are protected by U.S. and international copyright laws. All rights to Video and Audio originating from KET, including the content and technology included therein, are reserved to KET. KET-hosted Video and Audio are available for personal, noncommercial use only. You may link to KET Video and Audio from your personal Web site, and files may be downloaded and played on any system for personal, noncommercial purposes, unless permission to do so is expressly reserved, provided that:
- (a) you do not re-distribute, re-transmit, or host Video and Audio files made available, podcast, downloaded or streamed from the KET Web site;
- (b) you do not modify or delete any of the Video and Audio content, nor individual audio files;
- (c) the use or display does not suggest that KET promotes or endorses any third party causes, ideas, Web sites, products or services;
- (d) Video and Audio files made available for download shall not be re-produced, edited, re-transmitted, or in any way repurposed without prior written consent from KET. KET reserves the right to discontinue providing Video and Audio and to require that you cease accessing or using the Video and Audio at any time for any reason.
7. Disclaimer of Warranties
THE KET WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KET DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE KET WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
8. Limitation of Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KET BE LIABLE FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE KET WEB SITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE KET WEB SITE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES PUBLISHED ON THE KET WEB SITE.
This agreement between KET and the users of the KET Web site will be governed and interpreted under the laws of the Commonwealth of Kentucky. Fayette County, Kentucky has jurisdiction in any dispute arising from this agreement. In the event that any provision of this agreement is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.
10. Release and Indemnity
Other services, advertisers and information providers that are accessible on the KET Web site are provided by third parties, and have their own policies about using personal information. You should contact these third parties directly for their policies.