Last Updated: May 30th, 2009
CBC Radio Show / K-COK.com is a Federally Registered Trademark and protected by the U.S. government.
1. THIS IS AN AGREEMENT BETWEEN YOU AND CBC RADIO SHOW / K-COK.COM
This is an agreement ("Agreement") between you and Flat Black Industires. This Agreement governs your use of any Web site or Web page operated by CBC Radio Show / K-COK.com (each, a "FLATBLACKIND Web Site," and collectively, the "CBCRADIOSHOW.com / K-COK.com Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
CBC RADIO SHOW / K-COK.COM OFFERS THE WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW CBC RADIO SHOW / K-COK.COM MAY MODIFY THIS AGREEMENT
CBC Radio Show / K-COK.com reserves the right to change the terms, conditions, and notices under which it offers the CBC Radio Show / K-COK.com Web Sites, including any charges associated with the use of the CBC Radio Show / K-COK.com Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any CBC Radio Show / K-COK.com Web Site. Your continued use of the CBC Radio Show / K-COK.com Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any CBC Radio Show / K-COK.com Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that CBC Radio Show / K-COK.com Web Site, including without limitation, particular features or offers (for example, special internet only sales). If any terms contained in this Agreement conflict with any terms contained within a CBC Radio Show / K-COK.com Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE CBC RADIO SHOW / K-COK.COM WEB SITES
The CBC Radio Show / K-COK.com Web Sites are only for your personal use. You will not use the CBC Radio Show / K-COK.com Web Sites for commercial purposes. You will not use the CBC Radio Show / K-COK.com Web Sites in any way that is unlawful, or harms CBC Radio Show / K-COK.com, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "CBC Radio Show / K-COK.com Party" and collectively, the "CBC Radio Show / K-COK.com Parties") or any customer of a CBC Radio Show / K-COK.com Party, as determined in CBC Radio Show / K-COK.com sole discretion. CBC Radio Show / K-COK.com may tell you about certain specific harmful uses in a code of conduct or other notices available through a CBC Radio Show / K-COK.com Web Site, but has no obligation to do so. You may not use the CBC Radio Show / K-COK.com Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the CBC Radio Show / K-COK.com Web Sites. Without limiting the generality of this section, you may not use the CBC Radio Show / K-COK.com Web Sites in any manner that could damage, disable, overburden, or impair any CBC Radio Show / K-COK.com Web Site (or the network(s) connected to any CBC Radio Show / K-COK.com Web Site) or interfere with any other party's use and enjoyment of the CBC Radio Show / K-COK.com Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the CBC Radio Show / K-COK.com Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the CBC Radio Show / K-COK.com Web Sites in any way that violates the CBC Radio Show / K-COK.com Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. CBC Radio Show / K-COK.com may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the CBC Radio Show / K-COK.com Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the CBC Radio Show / K-COK.com Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to CBC Radio Show / K-COK.com related to the CBC Radio Show / K-COK.com Web Sites (a "Submission"), you grant CBC Radio Show / K-COK.com permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the CBC Radio Show / K-COK.com Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. CBC Radio Show / K-COK.com will not pay you for your Submission. CBC Radio Show / K-COK.com may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, CBC Radio Show / K-COK.com may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the CBC Radio Show / K-COK.com Parties or any customer of a CBC Radio Show / K-COK.com Party.
7. SOFTWARE
Your use of any software associated with the CBC Radio Show / K-COK.com Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then CBC Radio Show / K-COK.com grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the CBC Radio Show / K-COK.com Web Sites and in accordance with this Agreement. CBC Radio Show / K-COK.com reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. CBC Radio Show / K-COK.com or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. CBC Radio Show / K-COK.com may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the CBC Radio Show / K-COK.com Web Sites.
8. INFORMATION AVAILABLE FROM THE CBC RADIO SHOW / K-COK.COM WEB SITES
CBC Radio Show / K-COK.com and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the CBC Radio Show / K-COK.com Web Sites. CBC Radio Show / K-COK.com and its suppliers do not authorize the use of information available from the CBC Radio Show / K-COK.com for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
9. CBC RADIO SHOW / K-COK.COM MAKES NO WARRANTY
CBC RADIO SHOW / K-COK.COM PROVIDES THESE WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CBC RADIO SHOW / K-COK.COM PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE FLATBLACK INDUSTRIES PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE CBC RADIO SHOW / K-COK.COM WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY CBC RADIO SHOW / K-COK.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE CBC RADIO SHOW / K-COK.COM WEB SITES, EVEN IF SUCH CBC RADIO SHOW / K-COK.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE CBC RADIO SHOW / K-COK.COM WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANYCBC RADIO SHOW / K-COK.COM PARTY WITH RESPECT TO THIS AGREEMENT OR THE CBC RADIO SHOW / K-COK.COM WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CBC RADIO SHOW / K-COK.COM WEB SITES.
11. CHANGES TO THE CBC RADIO SHOW / K-COK.COM WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE CBC RADIO SHOW / K-COK.COM PARTIES MAY CHANGE THE CBC RADIO SHOW / K-COK.COM WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the CBC Radio Show / K-COK.com Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by CBC Radio Show / K-COK.com and persons other than CBC Radio Show / K-COK.com (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE CBC RADIO SHOW / K-COK.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT CBC RADIO SHOW / K-COK.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE CBC RADIO SHOW / K-COK.COM WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE CBC RADIO SHOW / K-COK.COM WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE CBC RADIO SHOW / K-COK.COM WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE CBC RADIO SHOW / K-COK.COM WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
CBC Radio Show / K-COK.com may terminate this Agreement, or terminate or suspend your access to the CBC Radio Show / K-COK.com Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the CBC Radio Show / K-COK.com Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE CBC RADIO SHOW / K-COK.COM WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with CBC Radio Show / K-COK.com, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Nevada, without reference to conflict of laws principles. If this Agreement is with a CBC Radio Show / K-COK.com affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such CBC Radio Show / K-COK.com affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject CBC Radio Show / K-COK.com Web Sites are directed. If this Agreement is with CBC Radio Show / K-COK.com, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Clark County, Nevada, USA in all disputes arising out of or relating to the use of the CBC Radio Show / K-COK.com Web Sites. If this Agreement is with a CBC Radio Show / K-COK.com affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such CBC Radio Show / K-COK.com affiliate in all disputes arising out of or relating to the use of the CBC Radio Show / K-COK.com Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. CBC Radio Show / K-COK.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the CBC Radio Show / K-COK.com Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and CBC Radio Show / K-COK.com with respect to the CBC Radio Show / K-COK.com Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CBC Radio Show / K-COK.com with respect to the CBC Radio Show / K-COK.com Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND CBC RADIO SHOW / K-COK.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CBC RADIO SHOW / K-COK.COM WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the CBC Radio Show / K-COK.com Web Sites are Copyright © 2009 K-COK.com and/or its affiliates. All rights reserved. CBC Radio Show / K-COK.com logo, and/or other CBC Radio Show / K-COK.comt products and services referenced herein may also be either trademarks or registered trademarks of CBC Radio Show / K-COK.com in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. For permission regarding any reproduction or use of image on the CBC Radio Show / K-COK.com Web Site contact: mail @ cbcradioshow . com
17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.