KMOH-TV/KEJR-LP/MTV Tr3s “HOLLA BACK” TERMS AND CONDITIONS

1. This website is exclusively owned and operated under the name “KMOH-TV/KEJR-LP/MTV Tr3s” by Hero Broadcasting, LLC and is affiliated with MTV TR3S. These terms and conditions apply to all registered users providing feedback to the website via the “Holla Back” or “feedback” feature, and any violation of these Terms and Conditions may result in user being barred from future access to or use of the website in its entirety.

Your access and use this section of the website serves as an expression of your understanding of these Terms and Conditions and your agreement to be legally bound by the Terms and Conditions. It creates a personal, revocable, nonexclusive, nontransferable license to access, post to and otherwise use this section of the website, conditional upon your continued compliance with the Terms and Conditions. You represent and warrant to Hero Broadcasting, LLC that you will not use this section of the website for any purpose that is unlawful or prohibited by these Terms and Conditions. Should you object to any term or condition of the feedback section of the website, your only recourse is to discontinue use of the website.

2. Although your comments are submitted directly to Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s for review by station employees and staff, the contents of “Holla Back” – including your submissions – will be made publically available on the internet and pursuant to applicable law, including the rules and regulations of the Federal Communications Commission.

Any publicly accessible contents of the feedback section may be accessed, printed, downloaded and distributed for personal use only. They are not to be reprinted, redistributed, or republished in any manner for any purpose whatsoever. Under no circumstances may feedback or the contents of the feedback section be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part.

Although Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s does not claim ownership of any feedback posted to the website by third parties, you automatically grant Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute posted content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses thereof. Furthermore, by posting content to the feedback section of the website, you automatically grant Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the feedback section of website by any party for any purpose.

3. All feedback and associated content reflect your views as an individual contributor and do not reflect the views of Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s. We reserve the right to monitor the material placed on the feedback section of the website and to remove from the feedback section of website any posting that we deem inappropriate. You represent that your contribution is in the public domain or original to you; does not infringe the intellectual property, contractual or proprietary rights of any third parties; and is not otherwise defamatory or violative of the law.

Specifically you agree that you will not post any material:

That impersonates any person or entity, including, but not limited to, a Hero Broadcasting, LLC/KBMO-TV/KEJR-LP/MTV Tr3s employee or falsely states or otherwise misrepresents your affiliation with a person or entity;

That includes personal or identifying information about another person without that person's explicit consent;

That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

That constitutes or contains any form of junk mail, spam, chain letter, pyramid scheme or other unsolicited or illegal commercial advertisement;

That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited by law;

That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

That employs any tool to disguise the origin of content, including false or misleading E-mail addresses.

You also agree not to contact anyone who does not wish to be contacted or collect personal data about other users for commercial or unlawful purposes, through any means, including automated means such as spiders or crawlers; or to attempt to gain unauthorized access to Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s systems or engage in any activity that will disrupt this website or its computer systems.

You also represent that you are not impersonating another person or acting without authorization.

4. We provide the following information in compliance with the Digital Millennium Copyright Act:

POLICY RELATING TO COPYRIGHT INFRINGEMENT AND IDENTIFICATION OF DESIGNATED AGENT FOR PURPOSES OF SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.

If you have reason to believe that material in which you (or any person or entity for which you are an authorized agent) hold the copyright has been posted in the feedback section of the website without appropriate authorization, please contact Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s’s Designated Agent to Receive Notification of Claimed Infringement:

Marisol Messir
marisol.messir@herobroadcasting.com
305-863-5700

You must provide our Designated Agent with the following Notice:

a) Identify the material on the website that you claim is infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s fully complies with the notice and take-down provisions of Sections 512(c) and (g) of the United States Copyright Act. We also enforce a policy that provides for the termination of access to the website in its entirety to contributors who are found to be repeat infringers or who otherwise violate the policies governing use of this website.

5. Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s respects the privacy of all those who provide feedback or otherwise use the website. For more information, please refer to our “Privacy Policy” [insert hyperlink to privacy policy].

6. You use the feedback section of this website solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s has endeavored to create a secure and reliable website, please be advised that the confidentiality of any feedback, communication, or other material transmitted to/from this website over the Internet cannot be guaranteed. You agree that Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s has no control and is not responsible for the content made available by third parties and that by using this website you may be exposed to content that is offensive, indecent, misleading inaccurate or otherwise to your objection. You acknowledge that Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s does not pre-screen or approve Content, but further acknowledge that Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s has the sole discretionary right to refuse, delete or otherwise edit any content on the feedback section of this website for violation of these Terms and Conditions.

Any interactions you have with other organizational or individual users of the feedback section of the website of any type are solely between you and such other users. You cannot rely on Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s to perform due diligence review or otherwise pre-screen all users and associated services and therefore, you are responsible for your own investigations or research before proceeding with any transactions with such users.

If there is a dispute between users of the feedback section of this website site or between users and any third parties, you understand and agree that Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s is under no obligation to become involved and you agree to release Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s, its officers, employees, agents and successors in rights from claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

7. Accordingly, you agree that Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the website, or for the consequences of any reliance on such information. Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s shall have no liability for interruptions or omissions in Internet, network or hosting services.

You assume the sole and complete risk of using the feedback section of this website and further agree that you bear the responsibility to evaluate and assume all risks associated with the use of this feedback section, that you will not rely on any content found on the website, and that you will not hold Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s liable in anyway for your possible reliance on the content or for any loss or damage you incur as a result of any use of this content.

8. You expressly absolve and release Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

9. THIS WEBSITE AND ALL OF ITS CONTENT IS PROVIDED ON AN "AS IS" BASIS AND IS MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. HERO BROADCASTING, LLC/KMOH-TV/KEJR-LP/MTV TR3S MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THIS SECTION OF THE WEBSITE, THE WEBSITE GENERALLY, OR ANY OF ITS CONTENT. FURTHER, THE INFORMATION AVAILABLE ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. HERO BROADCASTING, LLC/KMOH-TV/KEJR-LP/MTV TR3S MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SECTION OF THE WEBSITE, THE WEBSITE GENERALLY, OR ITS CONTENT AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS WEBSITE OR THE FEEDBACK SECTIONAND THE CONTENT PROVIDED HEREIN.

UNDER NO CIRCUMSTANCES WILL HERO BROADCASTING, LLC/KMOH-TV/KEJR-LP/MTV TR3S BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE FEEDBACK FUNCTION, THE WEBSITE GENERALLY, OR THE CONTENT PROVIDED HEREIN, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF HERO BROADCASTING, LLC/KMOH-TV/KEJR-LP/MTV TR3S HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE EXTENT PERMITTED BY LAW, HERO BROADCASTING, LLC/KMOH-TV/KEJR-LP/MTV TR3S DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE FEEDBACK SECTION, THE WEBSITE GENERALLY, AND ITS CONTENT.

IN ANY EVENT, THE AGGREGATE LIABILITY OF HERO BROADCASTING, LLC/KMOH-TV/KEJR-LP/MTV TR3S FOR ANY REASON WHATSOEVER RELATED TO USE OF THE FEEDBACK FUNCTION, THE WEBSITE GENERALLY, AND ITS CONTENT SHALL NOT EXCEED $50.00.

10. You agree to indemnify and hold harmless Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s, its affiliates, and all of their officers, directors, employees, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your use of this website or any breach by you of these Terms and Conditions.

11. The above Terms and Conditions shall be governed by the laws of California, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be in the County of Ventura, State of California.

12. Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s reserves the right at any time and for any reason to deny you access to the website or any portion thereof, including the feedback section, and to terminate this Agreement. Termination will be effective without notice. Please note that Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s reserves the right to change the Terms and Conditions under which this website and the feedback function is made available to you, upon notice, which may be given by Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s posting such modifications on the website, by e-mail, or any other reasonable way. Your continued use of this website and the feedback function following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to this Agreement on the website, delivered by email, or provided in any other reasonable way, constitute reasonable and sufficient notice.

13. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

14. No joint venture, partnership, employment, or agency relationship exists between you and Hero Broadcasting, LLC/KMOH-TV/KEJR-LP/MTV Tr3s as a result of this Agreement or your use of this website or its feedback function. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.