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Legal Notices
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply
to the K-Ruck Media web site located at www.KRuckMedia.com,
and all associated sites linked to www.KRuckMedia.com by K-Ruck
Media, its subsidiaries and affiliates, including K-Ruck Media
sites around the world (collectively, the “Site”). The Site
is the property of K-Ruck Media LLC. (“K-Ruck Media”) and
its licensors.
By accessing the Website, you agree to be bound by the terms
and conditions appearing in this document ("the Conditions")
and you accept our Privacy Policy. Any personal data you transmit
to us by electronic mail or otherwise will be used by us in
accordance with our Privacy Policy and you accept our Privacy
Policy which is available for viewing here.
We may alter these Conditions at any time and your use of
the whole/any part of the Website following such change shall
be deemed to be your acceptance of such change. It is your
responsibility to check regularly to determine whether the
Conditions have been changed. If you do not agree to any change
to the Conditions then you must immediately stop using the
Website.
We reserve the right to modify or withdraw, temporarily or
permanently, the whole/any part of Website with or without
notice to you and you confirm that we shall not be liable
to you or any third party for any modification to or withdrawal
of the Website. The Website is subject to constant change.
You will not be eligible for any compensation because you
cannot use any part of the Website or because of a failure,
suspension or withdrawal of all or part of the Website.
You shall not use the Website for any illegal or immoral
purposes, and you will use it in compliance with all applicable
laws and regulations. You agree not to use the Website in
a way that may cause the Website to be interrupted, damaged,
rendered less efficient or such that the effectiveness or
functionality of the Website is in any way impaired. As long
as you comply with these Terms of Use, K-Ruck Media grants
you a personal, non-exclusive, non-transferable, limited privilege
to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code
(collectively, “Content”), including but not limited to the
design, structure, selection, coordination, expression, “look
and feel” and arrangement of such Content, contained on the
Site is owned, controlled or licensed by or to K-Ruck Media,
and is protected by trade dress, copyright, patent and trademark
laws, and various other intellectual property rights and unfair
competition laws.
Except as expressly provided in these Terms of Use, no part
of the Site and no Content may be copied, reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated,
transmitted or distributed in any way (including “mirroring”)
to any other computer, server, Web site or other medium for
publication or distribution or for any commercial enterprise,
without K-Ruck Media’s express prior written consent.
You may use information on K-Ruck Media products and services
(such as data sheets, knowledge base articles, and similar
materials) purposely made available by K-Ruck Media for downloading
from the Site, provided that you (1) not remove any proprietary
notice language in all copies of such documents, (2) use such
information only for your personal, non-commercial informational
purpose and do not copy or post such information on any networked
computer or broadcast it in any media, (3) make no modifications
to any such information, and (4) not make any additional representations
or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider”
or other automatic device, program, algorithm or methodology,
or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Site or any Content, or
in any way reproduce or circumvent the navigational structure
or presentation of the Site or any Content, to obtain or attempt
to obtain any materials, documents or information through
any means not purposely made available through the Site. K-Ruck
Media reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion
or feature of the Site, or any other systems or networks connected
to the Site or to any K-Ruck Media server, or to any of the
services offered on or through the Site, by hacking, password
“mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the
Site or any network connected to the Site, nor breach the
security or authentication measures on the Site or any network
connected to the Site. You may not reverse look-up, trace
or seek to trace any information on any other user of or visitor
to the Site, or any other customer of K-Ruck Media, including
any K-Ruck Media account not owned by you, to its source,
or exploit the Site or any service or information made available
or offered by or through the Site, in any way where the purpose
is to reveal any information, including but not limited to
personal identification or information, other than your own
information, as provided for by the Site.
You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on the infrastructure
of the Site or K-Ruck Media’s systems or networks, or any
systems or networks connected to the Site or to K-Ruck Media.
You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of the Site
or any transaction being conducted on the Site, or with any
other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any message or transmittal
you send to K-Ruck Media on or through the Site or any service
offered on or through the Site. You may not pretend that you
are, or that you represent, someone else, or impersonate any
other individual or entity.
You may not use the Site or any Content for any purpose that
is unlawful or prohibited by these Terms of Use, or to solicit
the performance of any illegal activity or other activity
which infringes the rights of K-Ruck Media or others.
Purchases; Other Terms and Conditions
All sales are final. A sale is confirmed immediately when
you register and payment information is submitted. You will
have no right to cancel your contract once the sale commences.
Pool Dues are due on the first of each month. NO EXCEPTIONS!
If the dues arrive on the 2nd of the month or later they are
considered late and are subjected to a $5 late fee. This does
not mean that you cannot turn your dues in early. The earlier
the better. Holidays and weekends that fall on the first are
no excuse! We accept PayPal and all major credit and debit
cards as methods of payment for purchasing songs from the
Website.
Please note:
• Credit and debit cards have daily spending limits that may
prevent the processing of your order.
• If a purchase has been declined online due to credit or
debit card issues, please ensure all data is correct and resubmit.
If the transaction is not accepted online, you will not be
able to use that card for your purchase and should use another
payment card.
Additional terms and conditions may apply to purchases of
goods or services and to specific portions or features of
the Site, including contests, promotions or other similar
features, all of which terms are made a part of these Terms
of Use by this reference. You agree to abide by such other
terms and conditions, including where applicable representing
that you are of sufficient legal age to use or participate
in such service or feature. If there is a conflict between
these Terms of Use and the terms posted for or applicable
to a specific portion of the Site or for any service offered
on or through the Site, the latter terms shall control with
respect to your use of that portion of the Site or the specific
service.
K-Ruck Media’s obligations, if any, with regard to its products
and services are governed solely by the agreements pursuant
to which they are provided, and nothing on this Site should
be construed to alter such agreements.
K-Ruck Media may make changes to any products or services
offered on the Site, or to the applicable prices for any such
products or services, at any time, without notice. The materials
on the Site with respect to products and services may be out
of date, and K-Ruck Media makes no commitment to update the
materials on the Site with respect to such products and services.
Each of these policies may be changed from time to time and
are effective immediately upon posting such changes on the
Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site
may require you to open an account (including setting up a
K-Ruck Media ID and password). You are entirely responsible
for maintaining the confidentiality of your account information,
including your password, and for any and all activity that
occurs under your account. You agree to notify K-Ruck Media
immediately of any unauthorized use of your account or password,
or any other breach of security. However, you may be held
liable for losses incurred by K-Ruck Media or any other user
of or visitor to the Site due to someone else using your K-Ruck
Media ID, password or account.
You may not use anyone else’s K-Ruck Media ID, password or
account at any time without the express permission and consent
of the holder of that K-Ruck Media ID, password or account.
K-Ruck Media cannot and will not be liable for any loss or
damage arising from your failure to comply with these obligations.
Privacy
K-Ruck Media’s Privacy Policy applies to use of this Site,
and its terms are made a part of these Terms of Use by this
reference. To view K-Ruck Media’s Privacy Policy, click here.
Additionally, by using the Site, you acknowledge and agree
that Internet transmissions are never completely private or
secure. You understand that any message or information you
send to the Site may be read or intercepted by others, even
if there is a special notice that a particular transmission
(for example, credit card information) is encrypted.
Links to Other Sites and to the K-Ruck Media Site This Site
may contain links to other independent third-party Web sites
(“Linked Sites”). These Linked Sites are provided solely as
a convenience to our visitors. Such Linked Sites are not under
K-Ruck Media’s control, and K-Ruck Media is not responsible
for and does not endorse the content of such Linked Sites,
including any information or materials contained on such Linked
Sites. You will need to make your own independent judgment
regarding your interaction with these Linked Sites.
Disclaimers
K-RUCK MEDIA DOES NOT PROMISE THAT THE SITE OR ANY CONTENT,
SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED,
OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF
THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT
ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL
INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT
NOTICE. K-RUCK MEDIA CANNOT ENSURE THAT ANY FILES OR OTHER
DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR
CONTAMINATION OR DESTRUCTIVE FEATURES. K-RUCK MEDIA DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES
OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. K-RUCK MEDIA DISCLAIMS ANY AND ALL
LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD
PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE
AND/OR ANY K-RUCK MEDIA SERVICES. YOU ASSUME TOTAL RESPONSIBILITY
FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY
AGAINST K-RUCK MEDIA FOR DISSATISFACTION WITH THE SITE OR
ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN
THE PARTIES.
The above disclaimer applies to any damages, liability or
injuries caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction
of or unauthorized access to, alteration of, or use, whether
for breach of contract, tort, negligence or any other cause
of action.
K-Ruck Media reserves the right to do any of the following,
at any time, without notice: (1) to modify, suspend or terminate
operation of or access to the Site, or any portion of the
Site, for any reason; (2) to modify or change the Site, or
any portion of the Site, and any applicable policies or terms;
and (3) to interrupt the operation of the Site, or any portion
of the Site, as necessary to perform routine or non-routine
maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will K-Ruck Media
be liable to you for any indirect, consequential, exemplary,
incidental or punitive damages, including lost profits, even
if K-Ruck Media has been advised of the possibility of such
damages.
If, notwithstanding the other provisions of these Terms of
Use, K-Ruck Media is found to be liable to you for any damage
or loss which arises out of or is in any way connected with
your use of the Site or any Content, K-Ruck Media’s liability
shall in no event exceed the greater of (1) the total of any
subscription or similar fees with respect to any service or
feature of or on the Site paid in the six months prior to
the date of the initial claim made against K-Ruck Media or
(2) US$100.00. Some jurisdictions do not allow limitations
of liability, so the foregoing limitation may not apply to
you.
Indemnity
You agree to indemnify and hold K-Ruck Media, its officers,
directors, shareholders, predecessors, successors in interest,
employees, agents, subsidiaries and affiliates, harmless from
any demands, loss, liability, claims or expenses (including
attorneys’ fees), made against K-Ruck Media by any third party
due to or arising out of or in connection with your use of
the Site.
Violation of These Terms of Use
K-Ruck Media may disclose any information we have about you
(including your identity) if we determine that such disclosure
is necessary in connection with any investigation or complaint
regarding your use of the Site, or to identify, contact or
bring legal action against someone who may be causing injury
to or interference with (either intentionally or unintentionally)
K-Ruck Media’s rights or property, or the rights or property
of visitors to or users of the Site, including K-Ruck Media’s
customers. K-Ruck Media reserves the right at all times to
disclose any information that K-Ruck Media deems necessary
to comply with any applicable law, regulation, legal process
or governmental request. K-Ruck Media also may disclose your
information when K-Ruck Media determines that applicable law
requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud
protection purposes.
You acknowledge and agree that K-Ruck Media may preserve
any transmittal or communication by you with K-Ruck Media
through the Site or any service offered on or through the
Site, and may also disclose such data if required to do so
by law or K-Ruck Media determines that such preservation or
disclosure is reasonably necessary to (1) comply with legal
process, (2) enforce these Terms of Use, (3) respond to claims
that any such data violates the rights of others, or (4) protect
the rights, property or personal safety of K-Ruck Media, its
employees, users of or visitors to the Site, and the public.
You agree that K-Ruck Media may, in its sole discretion and
without prior notice, terminate your access to the Site and/or
block your future access to the Site if we determine that
you have violated these Terms of Use or other agreements or
guidelines which may be associated with your use of the Site.
You also agree that any violation by you of these Terms of
Use will constitute an unlawful and unfair business practice,
and will cause irreparable harm to K-Ruck Media, for which
monetary damages would be inadequate, and you consent to K-Ruck
Media obtaining any injunctive or equitable relief that K-Ruck
Media deems necessary or appropriate in such circumstances.
These remedies are in addition to any other remedies K-Ruck
Media may have at law or in equity.
You agree that K-Ruck Media may, in its sole discretion and
without prior notice, terminate your access to the Site, for
cause, which includes (but is not limited to) (1) requests
by law enforcement or other government agencies, (2) a request
by you (self-initiated account deletions), (3) discontinuance
or material modification of the Site or any service offered
on or through the Site, or (4) unexpected technical issues
or problems.
If K-Ruck Media does take any legal action against you as
a result of your violation of these Terms of Use, K-Ruck Media
will be entitled to recover from you, and you agree to pay,
all reasonable attorneys’ fees and costs of such action, in
addition to any other relief granted to K-Ruck Media. You
agree that K-Ruck Media will not be liable to you or to any
third party for termination of your access to the Site as
a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use
of the Site, including all disputes, will be governed by the
laws of the United States and by the laws of the State of
OKLAHOMA without regard to its conflicts of laws provisions.
You agree to the personal jurisdiction by and venue in the
state and federal courts in Oklahoma County, Oklahoma, and
waive any objection to such jurisdiction or venue. Any claim
under these Terms of Use must be brought within one (1) year
after the cause of action arises, or such claim or cause of
action is barred. No recovery may be sought or received for
damages other than out-of-pocket expenses, except that the
prevailing party will be entitled to costs and attorneys’
fees. In the event of any controversy or dispute between K-Ruck
Media and you arising out of or in connection with your use
of the Site, the parties shall attempt, promptly and in good
faith, to resolve any such dispute. If we are unable to resolve
any such dispute within a reasonable time (not to exceed thirty
(30) days), then either party may submit such controversy
or dispute to mediation. If the dispute cannot be resolved
through mediation, then the parties shall be free to pursue
any right or remedy available to them under applicable law.
Void Where Prohibited
K-Ruck Media administers and operates the www.KRuckMedia.com
Site from its location in Oklahoma City, Oklahoma USA; other
K-Ruck Media sites may be administered and operated from various
locations inside and outside the United States. Although the
Site is accessible worldwide, not all features, products or
services discussed, referenced, provided or offered through
or on the Site are available to all persons or in all geographic
locations, or appropriate or available for use outside the
United States. K-Ruck Media reserves the right to limit, in
its sole discretion, the provision and quantity of any feature,
product or service to any person or geographic area. Any offer
for any feature, product or service made on the Site is void
where prohibited. If you choose to access the Site from outside
the United States, you do so, on your own initiative and you
are solely responsible for complying with applicable local
laws.
Miscellaneous
You may not use or export or re-export any Content or any
copy or adaptation of such Content, or any product or service
offered on the Site, in violation of any applicable laws or
regulations, including without limitation United States export
laws and regulations.
If any of the provisions of these Terms of Use are held by
a court or other tribunal of competent jurisdiction to be
void or unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary and replaced with
a valid provision that best embodies the intent of these Terms
of Use, so that these Terms of Use shall remain in full force
and effect. These Terms of Use constitute the entire agreement
between you and K-Ruck Media with regard to your use of the
Site, and any and all other written or oral agreements or
understandings previously existing between you and K-Ruck
Media with respect to such use are hereby superseded and cancelled.
K-Ruck Media will not accept any counter-offers to these Terms
of Use, and all such offers are hereby categorically rejected.
K-Ruck Media’s failure to insist on or enforce strict performance
of these Terms of Use shall not be construed as a waiver by
K-Ruck Media of any provision or any right it has to enforce
these Terms of Use, nor shall any course of conduct between
K-Ruck Media and you or any other party be deemed to modify
any provision of these Terms of Use. These Terms of Use shall
not be interpreted or construed to confer any rights or remedies
on any third parties.
K-Ruck Media provides access to K-Ruck Media international
data and, therefore, may contain references or cross references
to K-Ruck Media products, programs and services that are not
announced in your country. Such reference does not imply that
K-Ruck Media in your country intends to announce such products,
programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be
non-confidential. K-Ruck Media shall be free to use such information
on an unrestricted basis.
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