Privacy Policy

Children's Privacy Policy

KMVQ Privacy Policy
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TABLE OF CONTENTS

• Your California Privacy Rights
• General Privacy Guidelines
• Website Collection, Use, and Disclosure of Personal Information
• Disclosure to Advertisers
• Cookies and Image Tags
• Children’s Privacy Policy
• Email
• Shopping & E-Commerce
• Chat Rooms, Message Boards and Public Areas
• Monitoring and Use of Aggregate Personal Information
• Advertising and Other Third Party Content
• Hyperlinks to Other Websites
• Off-line Collection, Use, and Disclosure of Personal Information
• Security Measures
• Review, Update, Correct, and Delete Personal Information

This Privacy Policy does not cover the CBS Radio Inc./Monster.com micro-site. Please see the separate privacy policy forthe CBS Radio Inc./Monster.com Promotion.

Your privacy is very important to us. Because we gather certain types of personally identifiable information (“Personal Information”) from users of our website and for various Station activities, operational and business purposes, we feel you should know how we collect, use, disclose, manage, and store the Personal Information that you may voluntarily provide us and the Personal Information that is collected passively through the use of cookies or image tags on our website. This Privacy Policy is a part of the Site’s Terms of Use Agreement, which is binding on all Site users. This Policy applies only to the Personal Information collected by this Station and does not cover any such information collected by its corporate parent(s), affiliates, or any other company, unless specifically stated.

If you do not agree with this Privacy Policy, please do not participate in the Station’s online or off-line activities and services that require you to provide your Personal Information. (The type of Personal Information collected is listed below.) This Policy provides information regarding your choices to either Opt-out or Opt-in when your Personal Information is used for various promotional and marketing purposes by the Station, Site, its corporate affiliates, and/or our generous advertisers, sponsors, or promotional partners (collectively, “Advertisers”). For example, for the Station, Site or our corporate affiliates use of your Personal Information for marketing and promotional purposes, we provide you with the right to Opt-out. However, the choice for sharing your Personal Information with Advertisers may be different. Please see details in the “Disclosure to Advertisers “ section below.

YOUR CALIFORNIA PRIVACY RIGHTS
Residents of the State of California, under a new provision of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an Opt-out or Opt-in choice for use of your Personal Information by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.

This Station qualifies for the alternative option; it has a comprehensive privacy policy and provides you with details on how you may Opt-out or Opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your Personal Information during the preceding year for marketing purposes.

If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to the following address with a preference on how our response to your request should be sent (email or postal mail). You may contact us in two ways. Send email to Privacy Administrator at tkwong@live105.com. Alternatively, you may contact the Station at:

KMVQ.com
865 Battery Street
San Francisco, CA 94111
(415) 402-6785
Attn: Your California Privacy Rights
c/o Tim Kwong Privacy Administrator

For requests sent via email, you must put the statement “Your California Privacy Rights” in the subject field of your email. All requests sent via postal mail must be labeled “Your California Privacy Rights” on the envelope or post card and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via email. Please include your zip code for our own recordkeeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

To all other users of this Site, if you have other questions about this Privacy Policy, please contact our Privacy Administrator at the following email address: tkwong@live105.com or:

KMVQ.com
865 Battery Street
San Francisco, CA 94111
(415) 402-6785
Attn: Tim Kwong - Privacy Administrator

Unless specified otherwise on the Site, all users must be at least 18 years of age and a legal resident of the United States to participate in any activity that requires the submission of Personal Information. This Site is designed and targeted to United States (U.S.) audiences and is governed by and operated in accordance with the laws of the United States. We make no representation that this Site is operated in accordance with the laws or governed by other nations. By your participation in our Site activities, you certify that you are at least 18years of age and located in the U.S. If you are located in the European Union or elsewhere outside of the U.S. and you participate in activities on this Site contrary to our policy that only U.S. residents are eligible for certain activities, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. Please be aware that any Personal Information you transfer to us will be transferred to the U.S and subject to U.S. law. By using this Site, participating in any Site activities, and/or providing us with your Personal Information, you consent to this transfer of Personal Information to the U.S., and waive any claims that may arise under your own national laws. All users of the Site are required to provide true, current, complete and accurate Personal Information when prompted and we will reject and delete any entry that we believe in good faith to be false, fraudulent, or inconsistent with this Privacy Policy.

Your continued participation on this Site indicates your acceptance of this Privacy Policy and of the collection, use, disclosure, management and storage of your Personal Information as described below. We may from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format. We may also combine Personal Information we collect online with information available from other sources, including information received from Advertisers, or marketing companies. This Privacy Policy covers all such Personal Information and will remain in full force and effect as long as you are a user of the Site or a participant in Station activities. We reserve the right to revise this policy at any time by updating this posting without advance notice to you. Such revisions shall be effective to you immediately upon posting. Therefore, we encourage you to check this Privacy Policy often.

GENERAL PRIVACY GUIDELINES
We use your Personal Information to provide you with the features, services, or goods you request and to respond to billing and/or other such questions related to the Station or Site. We will also use your Personal Information to notify you about updates, new features, programming and activities on behalf of the Station, Site, or our Advertisers that may be of interest to you. (We explain below in the next section what our policy is for the collection, use and disclosure of Personal Information to Advertisers.)

We may also use your information for hiring, operational and business purposes, or to find out how we can improve our Station and Site via surveys or online tracking mechanisms. We use aggregate Personal Information to help us to evaluate and modify existing services and features. We also use your Personal Information to develop new services and features that may be of interest to you.

We will not sell, exchange, rent, lease or otherwise disclose your Personal Information or Sensitive Personal Information to other third party marketers or any such persons that are not associated with the Station as Advertisers unless it is necessary to: 1) conform to regulatory and legal requirements or to comply with legal process; 2) to protect the safety and security of our users, employees, or property; 3) to defend the rights of the Site or the Station; or 4) to enforce the Terms of Use Agreement.

We will share your Personal Information with our corporate parents, CBS Radio and CBS Corporation and affiliated entities primarily for business and operational purposes. On occasion, we will share your Personal Information with CBS Radio-related corporate entities for promotional and marketing purposes. We will inform you when we conduct cross-promotional events between our various stations or companies, and you will have the right to Opt-out of such use.

It is also necessary that we share your Personal Information and Sensitive Personal Information with our operational service providers, the specialists that provide internal support to Station operations and activities and/or for Site design, development, hosting and operations including maintenance, management, storage and/or fulfillment of our membership and e-mail clubs, various contests, sweepstakes, services, events and online stores. We use operational service providers to efficiently provide the full range of content, activities and membership services we bring to you and we request that our operational service providers also protect your privacy and not disclose your Personal Information or Sensitive Personal Information to third party marketers that are not associated with the Station or website. Additionally, such providers are not to use your personal Information for their own marketing or promotional purposes.

In the event that the assets or stock of the Station, its corporate licensee or parent company(s) are sold or transferred, merged with a different company or entity, restructured, or subject to other fundamental corporate changes, we reserve the right to disclose any and all databases compiled from Personal Information or Sensitive Personal Information collected by the Station to such successor. We will seek to obligate the Station’s successor to agree to the terms of the Privacy Policy, as it may hereafter be modified, but cannot guarantee that we will be able to do so or that the successor company will comply with this obligation.

We reserve the right to collect Personal Information using any new technology yet to be developed and to use such technology to provide new services and features to you, as well as for marketing and promotional purposes. Specific information regarding your choice to Opt-in or to Opt-out to such use, or for sharing your Personal Information with Advertisers, will be provided once the new technology, service, or feature is introduced.

WEBSITE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
Generally, you may browse this Site without providing any Personal Information. For certain activities (such as contest and sweepstakes registrations, membership, awards points and loyal KMVQ VIPs, music sampling and surveys, news/sports/weather alerts, nominations for civic or Best Teacher/Coach awards, or registration for chat rooms and message boards) the Personal Information you voluntarily provide may include your first/middle and last name, home address, business address, email address, telephone number, mobile phone/text messaging device number, birth date, gender, employer or personal preferences, depending on the activity.

Unless stated otherwise, we do not request contact information for a mobile phone, text messaging or any wireless device that includes a domain name address (such as “.net” or “.com”) as part of the contact information. Federal law prohibits the sending of commercial email messages directly to a wireless device that uses a domain name, unless you have first given your affirmative consent. We may inadvertently collect a wireless device number that includes a domain name when you send us an inquiry or register for a contest or membership club. However, we will not knowingly use that contact information for sending commercial email. We reserve the right to respond to user inquiries or requests sent via a wireless device that uses a domain name as such messages are not deemed to be commercial email and therefore, are not regulated by Federal law. However, when “computer to phone” commercial emails are prohibited by law, we may reject your wireless device contact information when such information is submitted for certain Site features or services. We will attempt to notify you if we will need new contact information.

For specific purposes (such as the purchase of goods and services) we may request a type of confidential personally identifiable information which shall be called “Sensitive Personal Information” and is defined as any individual’s: (1) social security number; (2) driver’s license number or state identification card number; or (3) account number, credit or debit card number, in combination with any required security code, access code or password that would permit access to an individual’s financial account. This Sensitive Personal Information will only be used to implement the specific activity or event it was submitted for. We will not share your Sensitive Personal Information with Advertisers.

However, more general Personal Information will be used to implement the specific activity or event and will also be used for the marketing of additional events, services and merchandising for this Site and the Station.

DISCLOSURE TO ADVERTISERS
Advertising support allows us to offer, free of charge, many great activities and services to our users such as contests, sweepstakes and special events. Therefore, we may also use your Personal Information forthe marketing of events, products or services of our generous Advertisers. There are two ways users may receive such information from Advertisers, either indirectly via newsletters, email or direct mail from the Site, or directly from the Advertiser. We may use one or both methods depending on the activity and the Advertiser.

When we plan to share your Personal Information with Advertisers, you will receive such notice on the Site, in the rules of participation (“Rules of Participation”) for the activity or event, or via an email notice. However, please be informed that our Advertisers may not have the same privacy policies that we do. Therefore, we will ask you for your consent first to receive marketing information directly from our Advertisers. You will need to check the “Opt-in” click boxes that may be located on the registration area for the particular activity or event, in an email, or notify the Site’s Privacy Administrator at tkwong@live105.com. However, if you do not wish to receive marketing or promotional materials from the Site and/or Station, you will need to tell us so by clicking the “Opt-Out” click boxes that may be included on the registration area for the particular event, or alternatively, notify the Site’s Privacy Administrator. Please note that this notification process is different than the one for Advertisers.

We also provide you with an option to “Opt-out” of receiving advertising and promotional email from us in compliance with federal law by installing an Opt-out mechanism with all such email messages. You must use the designated method in the email message to notify us of your Opt-out request, as we cannot guarantee that other methods of notification will be effective or timely.  Please be aware that we may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding contests you have entered or other transactions you have undertaken.  By law, such messages are not considered to be commercial email.

We are not responsible for removing your Personal Information from third party lists or entities which you have previously authorized us to share your information. You will need to contact those entities directly.

In short, cookies and image tags collect a user’s Internet protocols and server information. Such data files allow our Site to remember your web browser when you visit our Site and are necessary tools for quick and efficient access to membership clubs, awards programs and contests. A cookie will not allow the Site to learn any Personal Information (such as your real name and email address) or Sensitive Personal Information that you have not otherwise disclosed. Cookies and image tags allow the Site to remember important information that will make the Site easier for you to use and helpful in our administration of various activities. We do not use cookies or image tags to collect other Personal Information or Sensitive Personal Information unless you give us permission to do so.

You can choose to have your computer warn you each time a cookie or image tag is being sent, or you can choose to turn off all such devices. This is done through your browser. If you turn cookies off, you may not have access to many features at our Site that make your Internet experience more efficient and enjoyable – like the features mentioned above – and some of our other services will not function properly.

Except to meet Federal Communications Commission (“FCC”), or other regulatory and legal purposes, we will not use, store, or disclose any child’s Personal Information to a third party without prior parental consent.

EMAIL
We do not generally keep email correspondence, except for those emails that relate to the on-air programs or operations of KMVQ. As required by the FCC, if any part of your email correspondence relates to Station programming or operations, we must place such correspondence in the Station’s FCC Public Inspection File, or make the correspondence available via electronic file access at the Station to anyone that requests such information. Therefore, be informed that your Personal Information or Sensitive Personal Information contained in certain emails, including Personal Information knowingly received from a child under the age of thirteen, will be disclosed to the general public. (Please see our Children’s Privacy Policy section for details.) We request that you not place any Sensitive Personal Information in your email correspondence to the Station that pertains to station programming or operations. You understand and agree that we are not responsible for Sensitive Personal Information that is improperly disclosed in emails that are made available to the general public in compliance with FCC regulations.

SHOPPING & E-COMMERCE
If this Site sells goods and/or services or provides auction services we will request Sensitive Personal Information that includes your credit card, debit card or other payment information. Alternatively, the Site may use a third party operational service provider to conduct the financial transaction in a secured manner; the third party payment will be accessible via a hyperlink from the Site and will be solely responsible for all financial transactions and the collection, use, and storage of your Personal Information. The Site may request additional Personal Information such as full name, billing and shipping address, email address and telephone number and any such information that is required to fulfill your order and to communicate with you regarding your order. Sensitive Personal Information will be encrypted or collected though a secured Internet connection generally via SSL or S-HTTP protocols. Such Sensitive Personal Information will also be stored in a commercially reasonable secure manner. We may use your Personal Information, (but not your credit card or debit card number) to contact you about future products, services and discounts from the Station or to provide such information indirectly from our Advertisers, unless you tell us otherwise (“Opt-out”). We will only use your credit card and debit card number to complete the specific transaction you requested.

CHAT ROOMS, MESSAGE BOARDS AND PUBLIC AREAS
For your enjoyment and entertainment, this Site offers user interactive activities such as chat rooms, message boards, and/or public forums (“Public Areas”). We do not share any Personal Information or Sensitive Personal Information that is entered into the Public Area registration section on the Site with Advertisers.

We reserve the right, at our sole discretion, to save and archive any content of any nature posted to the Site and that we may, without liability to any user: 1) disclose such content if required to do so by law or to comply with legal processes; 2) to respond to claims that any of the content violates the property, privacy, publicity or other rights of others; or 3) to protect the rights, property or safety of the Site, the Station, its employees, users and members of the public. For more information on this Site’s rules of conduct for these Public Areas, please see our Terms of Use Agreement.

MONITORING AND USE OF AGGREGATE PERSONAL INFORMATION
We reserve the right to monitor and edit any Personal Information about our users, including information about the use of website activities and services, the contents of users’ email and messages for internal purposes, and when necessary, to disclose to law enforcement personnel, and/or the employer and/or Internet Service Provider of a user that is not in compliance with the Terms of Use Agreement or Privacy Policy. We will take such measures if we believe it is necessary to protect the security, integrity, and operations of this Site or Station. Without disclosure of Personal Information or Sensitive Personal Information about individual users, we may provide aggregate statistics about our users, traffic patterns and related website information to Advertisers, reputable third party vendors or marketing companies.

ADVERTISING AND OTHER THIRD PARTY CONTENT
This Privacy Policy does not cover third party advertising or third party content that may be present on the Site. This Site may provide banner and general advertising, in addition to other content provided by our Advertisers or operational service providers. Users may from time to time purchase goods or services offered through, or otherwise participate in or send messages concerning such advertising, promotions or third party content offered through the Site. Such correspondence, transactions and agreements are solely between the user and the Advertiser or the third party content provider and do not involve the Site. Also, Advertisers and such third party content providers may not have the same privacy policies that we do and you are encouraged to read their privacy policy first.

OFF-LINE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
The Station also collects and uses Personal Information by other means, via on-air broadcasts, telephone, direct mail, and direct from members of the public. The various uses of such Personal Information include, but are not limited to, contests & sweepstakes, loyal KMVQ VIP registration, other special membership only features/events, news-tip lines, job applications, listener complaints, and operational and business purposes.

Except for contests & sweepstakes entries, or registrations for a loyal listener or other special membership features/events, we do not ordinarily use your Personal Information collected off-line for promotional or advertising purposes, nor do we share it with third parties for promotional or marketing purposes. If Personal Information collected off-line will be used by the Station, its parent company(s), or corporate affiliates for promotional and marketing purposes, you will have the opportunity to Opt-out of such use. If such information will be shared with Advertisers, you will have the same rights as provided for the disclosure of Personal Information collected online. (Please see the “Website Collection, Use, and Disclosure of Personal Information” section.)

SECURITY MEASURES
We conduct the collection, management, maintenance and storage of listener or website user information in a secure and commercially reasonable manner using acceptable industry standards of security technology and practices (such as electronic security systems and password protections) to protect against the loss, misuse or alteration of Personal Information. We also request that our operational service providers take such precautions. KMVQ.COM databases are accessible only by authorized personnel.

However, please note that when users transmit Personal Information over an unsecured Internet connection, the Site is not responsible for the security of that information during the transmission stage as your email or registration could be copied or intercepted by unknown third parties. We use a secured connection only for the collection of Sensitive Personal Information, which is necessary for the purchase of goods or services, but we do not use a secured connection for other types of activities. Therefore, you understand, acknowledge, and agree that you transmit certain Personal Information over this Site at your own risk.

REVIEW, UPDATE, CORRECT, OR DELETE PERSONAL INFORMATION OR SENSITIVE PERSONAL INFORMATION
Generally, you may review, update or delete your Personal Information or Sensitive Personal Information collected by the Site. You may also correct factual inaccuracies. Certain types of Personal Information that are necessary to check eligibility, such as birth date or age, cannot be deleted, but may be modified with sufficient verification of the new information. Note that we reserve the right to terminate or delete any membership or entry if we believe the Personal Information submitted was knowingly false or fraudulent.

To review, update or delete your Personal Information or Sensitive Personal Information collected by the Site, please emailthe Site’sPrivacy Administrator at tkwong@live105.com. To have access to your Personal Information or Sensitive Personal Information, you must provide proof of identification such as full name, street address, city/state and zip code, user ID and password, and/or information about your recent activity on the website. We reserve the right to deny access to any user if we believe there is a question about your identity. And if the burden or expense of providing access to your Personal Information is disproportionate to the risks to your privacy, or if the legitimate rights of others would be violated, we may decide not to provide access to such information. In such cases, we will provide to you an explanation of why access cannot be provided and a contact person for further inquiries.

This Privacy Policy was last updated on May 06, 2009 and is effective immediately.

TM & © 2009 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO & EYE Logo TM & © 2009 CBS Broadcasting Inc. used under license. All Rights Reserved.

KMVQ TERMS OF USE AGREEMENT

TABLE OF CONTENTS

• Eligibility and Acceptance of Terms and Conditions
• Copyright, Trademark, and Proprietary Rights
• Copyright Infringement Notification Process
• User Conduct
• Email
• Contests, Sweepstakes and Other Membership Activities
• Chat Rooms, Message Boards and Other Public Areas
• Advertising and Other Third Party Content
• Hyperlinks to Third Party Websites
• Shopping & E-Commerce
• Privacy Policy
• Modification, Suspension or Discontinuance of Site
• Security of the Site
• Indemnification and Limitation of Liability
• Disclaimer of Warranties
• User Termination
• Legal Venue, General and Contact Information

This Terms of Use Agreement does not cover the CBS Radio Inc./Monster.com micro-site. Please see the separate terms and conditions forthe CBS Radio Inc./Monster.com Promotion.

ELIGIBILITY AND ACCEPTANCE OF TERMS AND CONDITIONS
Welcome to KMVQ.COM (the “Site,” “us” or “we”), the official website for Radio Station KMVQ-FM, San Francisco, California (“Station”). This site is owned and operated by CBS Radio KMVQ-FM, Inc.(“Owner and Operator”), a subsidiary of CBS Radio Inc..

Unless specified otherwise on the Site, users must be at least 18 years or older and a legal resident of the United States before participation in any contest, sweepstakes or interactive activities. By your participation in our Site activities, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Site.

This page states the terms and conditions forming the agreement under which you may use this Site. Please read this page carefully. If you do not accept this Terms of Use Agreement (“Agreement”), please do not use this website. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services (“Additional Terms”). The Site provides rules of participation (“Rules of Participation”) for certain activities and services including, but not without limitation, loyal listener/user clubs, awards programs, contests, sweepstakes, email and dating services. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, any Additional Terms, or Rules of Participation, including any indemnifications, warranties, and limitations of liability. The Site’s Additional Terms, Privacy Policy, and the Rules of Participation are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules of Participation for the activity in which you choose to participate, this Agreement shall govern.

KMVQ.COM may revise this Agreement at any time by updating this posting without notice to you. Such revisions are effective to you as a user of this Site immediately upon posting. You should visit this page periodically to review the Agreement, because they are binding on you. The terms "you" and "user" as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason.

COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS
The contents of this Site, including all software, design, text, graphics, artwork, images, photographs, audio clips, video clips, and other material, including the selection and arrangements thereof, copyrights, trademarks, service marks and trade names (the "Material"), are the property of CBS Radioand/or its subsidiaries, affiliates, assigns, licensors, the Site’s design, hosting, programming and contest management/prize fulfillment vendors (collectively “operational service providers”) and/or the Site’s advertisers, sponsors, and promotional partners (collectively “Advertisers”).The Materialis protected, without limitation, pursuant to United States and foreign copyright, trademark and other applicable laws. Unauthorized use of the Material may violate such laws.

You understand, acknowledge and agree that the Site hereby grants you a limited personal, non-exclusive, non-assignable and non-transferable license that authorizes you to use and display the Material, provided that you retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you may make of the Material. You further agree that you will not, in whole or in part, sell, lease, rent, exchange, reproduce, archive, modify, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, or circulate to any third party or on any third party website, or otherwise use the Material in any way for any public or commercial purpose without the express approval from CBS Radio Inc. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.

You are authorized to download and view a single copy of the Material on the Site solely for your personal, noncommercial use provided that you shall not, nor will you allow any third party (whether or not for your benefit) to copy, adapt the object code of the Site’s software, HTML, JavaScript, or otherwise, or reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its pages on the website.

Access to the Materials may not be lawful by certain persons or in certain countries. You also understand, acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Without the prior written permission of CBS Radio, you agree not to display or use in any manner, the Station or the Site’s trademarks, including without limitation , CBS RADIO and station names and call letters, domain names, slogans, and contest and program names.

Notwithstanding any statement to the contrary in this Agreement, you will not use or attempt to use, and shall cause each other party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, avatars or intelligent agents) to navigate or search the Site other than (a) the search engine and search agents available from the Site and (b) generally available third party web browsers (e.g., Netscape Navigator or Microsoft Internet Explorer).

COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS
As stated above, we prohibit the posting of any information that violates or infringes the copyright rights of any person or entity. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you must provide our DMCA Copyright Agent with a written notification. To be effective, the notification must contain the following information in accordance with the Digital Millennium Copyright Act:

• An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the notification.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site.
• Identification of the copyrighted work claimed to have been infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact the complaining party, such as the party’s name, address and daytime telephone number, and an e-mail address, if available.
• A statement that the complaining party has a good faith belief that the use of the infringing copyrighted work is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

This Site’s DMCA Copyright Agent for receiving claims of copyright infringement is:

S. Jenell Trigg, Esq.
DMCA Copyright Agent
CBS Radio Inc.
c/o Leventhal Senter & Lerman PLLC
2000 K Street, NW, Suite 600
Washington, DC 20006-1809
202-429-8970 (Phone)
202-293-7783 (Fax)
email: CBSRadioDMCAAgent@lsl-law.com

The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement on this Site. Correspondence pertaining to other matters will not receive a response if sent to the above contact information.

We will remove or disable access to any posted submission for which we have received a notice of claimed copyright infringement (or, more specifically, any notification in substantial conformance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting a false or fraudulent claim of copyright infringement.

USER CONDUCT
This Site may provide users with the opportunity to submit, post and/or exchange information, data, text, software, music, photographs, graphics or artwork, video, audio, messages or other materials (“Postings”), whether publicly posted or privately transmitted. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you, the user, and not this Site, are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Users may not: 1) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; 2) post material that reveals trade secrets, unless you own them or have the permission of the owner to do so; 3) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; 4) post material that is considered by the Site, in its sole judgment, to be obscene, indecent, defamatory, threatening, harassing, tortuous, abusive, hateful, embarrassing or harmful to another user or any other person or entity; 5) post a sexually-explicit image or statement; 6) post advertisements or solicitations of business; 7) post chain letters or pyramid schemes; or 8) post any incomplete, false, fraudulent or inaccurate biographical information or general information which is not your own information, or impersonate another person.

The Site does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of Postings by users and does not endorse any opinions, which may be expressed by any user. You further agree that any reliance on such Postings by other users will be at your own risk. We do not regularly review, screen or monitor the Site and we assume no obligation to do so and will not be liable or responsible to any user for performance or nonperformance of such material. If notified by a user of any Posting or communication which allegedly does not conform to this Agreement, we may, in our sole discretion, investigate the allegation and may thereafter determine, in our sole discretion, whether or not to remove or request the removal of the material. You understand, acknowledge and agree that we reserve the right to expel users and prevent their further access to the Site for violating this Agreement or any applicable law, and may remove communications which are considered to be, in our sole judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically or otherwise objectionable.

You also grant the Site, its owner and operator, parent company(s), affiliates, successors and assigns, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, retransmit, translate, create derivative works from, distribute, communicate to the public, publicly perform or display such content (in whole or in part), and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as any rights exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license set forth in this agreement. You also permit any other user to access, display, view, store and reproduce such content for such user’s personal use. Subject to all of the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.

EMAIL
Email is an important communications channel for the Site and the Station. All email sent to us should be generated by the person in whose name the email account is registered. Email users shall not mask their identity by using a false name or another person's name or account. We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request. We are also required under Federal law to keep and disclose to the general public certain email that addresses the Station’s programming and operations. Please see our Privacy Policy for details.

Any non-personal content you provide to the Site by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and we assume no obligation to protect such information from disclosure. You understand, acknowledge, and agree that the submission of such information shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by the Station, this Site and corporate affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such content without restriction.

CONTESTS, SWEEPSTAKES AND OTHER MEMBERSHIP ACTIVITIES
To participate in various Site activities, users must complete a registration process and may receive/select a “user name” and password. You understand, acknowledge and agree that you are responsible for maintaining the confidentiality of your Personal Information and Sensitive Personal Information defined in the Privacy Policy and the user name and password received upon registration on the Site. You will be fully responsible for all uses of your registration and for any activity that occurs under your password or account, whether or not authorized by you. You further agree to immediately notify the Site of any unauthorized use of your registration and/or password.

CHAT ROOMS, MESSAGE BOARDS AND OTHER PUBLIC AREAS
By use of or registration for any Site activity such as message boards, chat rooms and other public forums (collectively “Public Areas”), you understand, acknowledge, and agree that you are automatically subject to the following rules of conduct and the Site’s Privacy Policy. You further agree that we reserve the right, at our sole discretion, to terminate your membership or registration at any time, delete any or all of your postings, block access to your membership file or profile(s) and/or reject participation in any other activity or service provided to you by the Site. We also reserve the right to take such actions, with or without notice, and without any liability to the account holder and user.

As an entertainment service to our users, this Siteprovides Public Areas that enable users to interact with other users, on-air talent and other Station personnel, and share commentary on a variety of subjects. A variety of subjects may be discussed via the Public Areas, however, use of such areas may only be for lawful and non-commercial purposes.The Site specifically prohibits certain uses and activities. You understand, acknowledge, and agree that by access or registration on Public Areas or any interactive area of the Site, you are prohibited from use of the Site for any of the purposes below in addition to the conduct listed in the User Conduct section of this Agreement:

• Posting a profile for anything other than to participate in online discussion via the Public Area.
• Sending a message to a user for any reason other than to participate in online discussions.
• Deleting or revising any content or material posted by any other person or entity.
• Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting for any reason.

HYPERLINKS TO THIRD PARTY WEBSITES
This Site often provides links to third party websites and other resources that could be of interest to our users, including the websites of our Advertisers. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by the Site or Station of the content, advertising or business practices (including the privacy policies) of such third party websites, whether the Station’s logo or sponsorship identification is on the third party website, or whether the Site conducts “framing,” which allows a user to access several webpages or websites while still viewing a header or border from this Site. These third party websites may have different privacy policies and business practices than we do. Therefore, we do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such websites. You further agree that the Site, its Owner and Operator, parent company(s), corporate affiliates, successors and assigns, and their respective officers, directors, employees, representatives, agents, and operational service providers will not, u nder any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party sites. If you decide to access and use linked third party websites, you understand, acknowledge, and agree that you do so at your own risk.

SHOPPING & E-COMMERCE
This Site may offer various goods and services for sale (“Products”), or direct or link to other websites that sell goods and services. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through this Site.

If a Product sold on this Site is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debt card account has been charged (in which event we will issue a credit to your account in the amount of the charge).

EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.

Our creation or transmission of an order confirmation does not signify final acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and are not for commercial resale. We do not accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.

You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site.

If an order consists of multiple items, they may be shipped separately depending on availability.

PRIVACY POLICY
To participate in various activities on the Site, you will be asked to provide certain true, complete and current Personal Information or Sensitive Personal Information. All Personal Information, Sensitive Personal Information, and any additional type of information collected from users in general are subject to our Privacy Policy, which is incorporated by reference into this agreement. For more information, see our official Privacy Policy.

By submitting content to any area of the Site open to the other users or the general public (which includes, but is not limited to, contests, emails regarding Station programming, or Public Areas, you understand, acknowledge and agree that your content will be considered “Public Material” and will not be subject to the privacy protections generally afforded your Personal Information.

You further agree that the Site may save and archive any content of any nature posted to the Site and that the Site may, without liability to any user, disclose such content if required to do so by law or to comply with legal processes; to respond to claims that any of the content violates the property, privacy, publicity or any other rights of another individual, organization or corporation; or to protect the rights, property or safety of the Station, the Site, its corporate affiliates, Advertisers, employees, suppliers, operational service providers, users and members of the public.

MODIFICATION, SUSPENSION OR DISCONTINUANCE OF SITE

The Site reserves the right, at its sole discretion and at any time, to modify or discontinue the service (or any part thereof) offered on the Site, on a temporary or permanent basis, with or without notice. You understand, acknowledge and agree that the Site will not be liable to you or to any third party for any such modification, suspension or discontinuance of the service offered by the Site.

SECURITY OF THE SITE
The Site’s loyal listener/user and other membership activities are to be accessed only by registered users of the Site which should have only one unique user name with one unique password. If you are found to share passwords with any non-registered member we will terminate your membership immediately without notice.

As a user of this Site, the following actions are also prohibited:

• Accessing data not intended for such user or logging into a server or account in which the user is not authorized to access.
• Attempting to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Site without proper authorization.
• Forging any headers or otherwise manipulation of Site identifiers in order to disguise the origin of transmission through the Site.
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site or the server of any user.
• Sending unsolicited commercial email individually or in bulk (also called, Spam), which promotes or advertises the Station, the Site, or any other activity, program, product, or service.
• Harvesting email addresses off this Site through an automated process.
• Bypassing this Site’s homepage via deep-linking or any other means, or framing this Site, or any webpage or material on the Site without the express written permission from CBS Radio. Users are also prohibited from hyperlinking to this Site or any webpage in an email sent for commercial purposes, without the express written permission of CBS Radio.
• Attempting to gain unauthorized access to the Site’s features or activities, interfering with or manipulating in any manner the entry or registration process for contests, sweepstakes, surveys, opinion polls, chat rooms, message or bulletin boards, or any other interactive features and activities on this Site.
• Falsifying identification or impersonating any person or entity, including, but not limited to, a Site or Station official, chat room or public forum leader, host, or guide, when accessing or participating in such features and activities.
• Setting up fake sites or other dummy sites that appear to be the Site, mirroring the Site’s contents, or otherwise copying any part of the Site Material and/or layout.

Violations of the Site’s system or network security may result in civil or criminal liability. The Site will investigate possible violations of system or network security and may involve, and cooperate with a user’s employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. The Site will also terminate the membership of any person that the Site believes, in its sole judgment, to have violated its security provisions.

INDEMNIFICATION AND LIMITATION OF LIABILITY

You understand, acknowledge, and agree to defend, indemnify, and hold harmless CBS Radio Inc , its parent company(s), corporate affiliates, successors and assigns, Advertisers, suppliers and operational service providers and their respective officers, directors, employees, representatives and agents, or others involved in creating, promoting, or otherwise making available this Site from and against any claims, actions, costs, expenses, or demands, including, without limitation, reasonable legal and accounting fees, resulting from any content you submit, post to or transmit through this Site, your use of the Site, your violation of this Agreement, your violation of any rights of another, or otherwise arising out of your use of this Site in any manner. The Site will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit or proceeding. We reserve the right to take exclusive control and defense of any such claim subject to indemnification by you, in which event you will cooperate fully with this Station in asserting any available defenses.

The Site and its Material may contain technical inaccuracies, typographical errors, and out of date information. The Site makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material, and the Site makes no warranty that the Site will meet your requirements. You understand, acknowledge, and agree that the use of the Site and the Material is at your own risk. The Site reserves the right to make changes to the Site and Material at any time.

IN NO EVENT SHALL THE SITE, ITS OWNER AND OPERATOR, PARENT COMPANY(S), CORPORATE AFFILIATES, SUCCESSORS OR ASSIGNS, AND THE SITE’S ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOOD WILL, OR YOUR USE OR YOUR INABILITY TO USE THE SITE, OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, OR THE USE AND/OR APPEARANCE OF THE MATERIAL ON THIS SITE, ACCESS TO ANY HYPERLINK ON THIS SITE, UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, OR ANY OTHER INTANGIBLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMER OF WARRANTIES
THE SITE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER OR SOFTWARE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE, SOFTWARE, OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU UNDERSTAND ACKNOWLEDGE AND AGREE THAT THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, VIDEO CLIPS, AUDIO CLIPS, GRAPHICS AND ARTWORK, IMAGES, PHOTGRAPHS, OTHER MATERIAL, LINKS AND OTHER DATA.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, you understand and agree that The aggregate liability for the Company to users for all claims arising from YOUR ACCESS, use OR INABILITY TO ACCESS or USE this site or ANY of the Material OR SOFTWARE is limited to $1.00 (one dollar and Zero Cents).

USER TERMINATION
The Site reserves the right, at its sole discretion, to terminate your membership or registration at any time, delete any or all of your Postings, or block access to the Site and/or any other service provided to you. The Site reserves the right to take such actions, with or without notice, for any reason or for no reason, and without any liability to the account holder or user.

LEGAL VENUE, GENERAL AND CONTACT INFORMATION
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within New York. You agree to submit to the personal jurisdiction of the courts in the State of New York for any cause of action arising out of this Agreement.

If any provision of this Agreement, or the application thereof to any person or circumstances, is found to be invalid or for any reason, unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in this Agreement, in a particular "Legal Notice," or Software License or material on particular Web pages, this Agreement constitutes the entire agreement between you and the Site with respect to the use of Site.

No changes to this Terms and Use Agreement shall be made except by a revised posting on this page and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to this Agreement, unless such an amendment, waiver or change is in writing from an authorized officer or representative of CBS Radio.

The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.

If you have any questions regarding this Agreement, please contact the Site’s Privacy Administrator via email at tkwong@live105.com, or contact:

KMVQ.COM
865 Battery Street
San Francisco, CA 94111
415.402.6785
ATTN: Tim Kwong

This Terms of Use Agreement was last updated on March 21, 2006 and is effective immediately.

VP, Administration
Radio Web Network
8345 SW Nyberg Road,
Suite 101
Tualatin, Oregon 97062
privacy@radiowebnetwork.com