Terms and Conditions

Submission Terms and Conditions

By submitting pictures, video, audio recordings and other forms of media to KPCW, the user agrees to the following Terms and Conditions.

The User, for good and valuable consideration received, grants to Community Wireless of Park City, Inc. DBA KPCW, its affiliates, partners, and representatives [collectively, "KPCW"]:

(a) Permission to make audio and/or visual recordings of User, whether photographic, video, moving picture, or other format, and whether digital, analog, or other format; and
(b) An irrevocable, perpetual, non-exclusive, royalty-free, worldwide right to use User's name, image, voice, statements, likeness, or other identifying characteristics and biographical facts in conjunction with editorial content or the advertising or promotion of KPCW radio, its website, and all social media platforms KPCW uses for promotion.

User agrees that KPCW shall be the exclusive owner of the copyright in any of the audio and/or visual materials acquired via subparagraph (a) above or created pursuant to subparagraph (b) above [hereinafter, the “Materials”].

User hereby and forever releases KPCW, its affiliates, executives, agents, employees, contractors, licensees, partners, representatives, successors, and assigns from any and all actions, claims, costs, attorney’s fees, or other expenses, including without limitation, claims for libel, invasion of privacy, publication of private facts, intrusion into seclusion, right of publicity, commercial misappropriation, copyright or trademark infringement, negligence, intentional infliction of emotional distress, trespass, fraud, breach of contract, or any other claims, arising from KPCW's use of the Materials. This release shall be binding on User's successors and heirs.

User waives the payment of any sums for KPCW's use of the Materials.

User agrees that this writing sets forth the entire agreement between User and KPCW with respect to the subject matter herein, and no modification or amendment shall be valid unless memorialized in a writing signed by both parties.

This agreement shall be governed by the laws of the State of Utah.

Limitation of Liability

Terms of Service
This website is owned by Community Wireless of Park City, Inc. DBA KPCW (“KPCW”). By using this website, you are accepting the following terms and conditions.

Copyrights
All contents of this website are protected by copyrights owned by KPCW or its licensors. Except for personal, noncommercial use, such materials may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of KPCW or the copyright owner.

Trademarks
The trademarks, logos, and service marks displayed on this website are the property of KPCW and others. Users are prohibited from using such marks without the prior written permission of KPCW or the owner of the marks.

Links to Other Websites
This website may contain links to other websites. These links are provided as a service to our users and do not constitute our endorsement of those other sites, which we do not control and for which we are not responsible.

Limitation of Liability
This website is provided on an “as is” and “as available” basis, and you may use this website only at your own sole risk. If you are dissatisfied with any aspect of this website or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using this website.

TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER KPCW NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE OR ANY OF ITS CONTENTS IS LIABLE FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF YOUR ACCESS TO OR USE OF THIS WEBSITE.

THIS WEBSITE AND ALL OF ITS CONTENTS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NO REPRESENTATION IS MADE AND NO WARRANTY IS GIVEN THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY SERVICES, INFORMATION, PRODUCTS, OR OTHER MATERIAL OBTAINED THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, THAT THE SERVER FOR THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY ERRORS OR DEFECTS OR OTHER PROBLEMS WILL BE CORRECTED.

ANY MATERIAL OBTAINED THROUGH THE USE OF THIS WEBSITE IS PROCURED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, CORRECTIONS, REPLACEMENTS, AND REPAIRS.

These Terms of Service constitute the entire agreement between you and KPCW, superseding any prior agreements and understandings, and govern your use of this website. KPCW may terminate your right to use this website, without notice, for any conduct that KPCW, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, KPCW, or any third party. In the event of termination or revocation of your right to use this website, the disclaimers and limitations of liabilities set forth in these Terms of Service shall survive.

Governing Law
KPCW maintains this website in the State of Utah, U.S.A., and by your use of this website, you agree that any legal action or proceeding relating to this website shall be governed by the laws of the State of Utah, without reference to its choice of law rules. Any legal action or proceeding relating to this website shall be brought only in the courts of the State of Utah or in the United States District Court for the District of Utah.

Questions about our Privacy Policy or Terms of Service
If you have questions about our Privacy Policy or other Terms of Service, you may contact us at:

Community Wireless of Park City
DBA KPCW
460 Swede Alley, Suite 200
Park City, UT 84060
(435) 649-9004