This Agreement sets out the legally binding terms for your use of the Websites. We may reserve the right to modify this Agreement from time to time as needs arise, and these modifications shall be effective when we post those changes. It’s up to you to keep up with those changes, and your continued use of the web site indicates your agreement with the changes.
This is a publicly accessible web site, so be careful what you post in comments, and with the information you put in your personal profile. Don’t put in things like telephone numbers, street addresses, or things that could be used to harass you. We reserve the right to remove anything you post that we might find offensive, or that our readers or listeners might find offensive. We realize this is a pretty broad statement; it’s meant to be. It gives us enough control that we can do something about it if things get out of hand. Information provided by other registered users in their personal profiles or in their reader comments may contain inaccurate, inappropriate or offensive material, products or services and Krypton Media Group assumes assumes no responsibility or liability for this material.
We reserve the right to remove any content posted by visitors or subscribers for any reason, and you agree to hold us harmless for doing it. If what we have to remove happens to be an advertisement, you’ll get the money you spent posting the ad back, we won’t keep that. But don’t make us go there.
By using this site or participating in any offline Krypton Media Group event, you also agree to release KMG and its web sites harmless against any and all losses, damages, rights, claims. Basically this means, it’s a media service, and has no more responsibility for what happens to you in your personal life than any other media service has (i.e., Not Very Much, If Anything).
By registering for the Websites, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the Websites will not violate any applicable law or regulation. Your personal profile may be deleted without warning if it is found that you are misrepresenting your age. Your registration is solely for your personal use, and you shall not authorize others to use your account, including your personal profile or email address. You are solely responsible for all content published or displayed through your account and for your interactions with other registered users. You don’t get to register obscenities as names, either, and that’s open to some pretty broad interpretation of what’s obscene and what isn’t. Again, don’t make us go there.
This Agreement shall remain in full force and effect while you use the Websites. You may terminate your registration at any time, for any reason, by contacting us. We may terminate your registration for any reason and at any time, effective upon sending notice to you at your registered email address. Even after registration is terminated, this Agreement will remain in effect, including sections 4, 5, 7 and 9-16. This Agreement may change from time to time.
3. Non Commercial Use
The website is for fun. It’s not supposed to be used for commercial endeavors on your part, unless you’re paying for advertising or we go out of your way to endorse whatever you’re doing. (You can ask us for an endorsement, and we frequently do this anyway. But don’t try to cheat the system, we don’t like it.) Illegal and/or unauthorized use of the Websites, including collecting user names by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Websites is not permitted. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from personal profiles without notice. Appropriate legal action will be taken by us for any illegal or unauthorized use of the Websites. Translation: if whatever you’re doing is helping you spam or take advantage of people, you’re getting the boot.
4. Proprietary Rights in Content on the Websites
Krypton Media Group, Inc. owns and retains all proprietary rights on the Krypton Radio website. Our site(s) contains copyrighted material, trademarks, and other proprietary information of Krypton Media Group, Inc. Except for information that is in the public domain or that you have specific written permission from us to redistribute, you’re not allowed to do it regardless of the medium. You can republish our RSS feeds without asking us so long as you don’t alter them.
5. Content Posted on the Websites.
You understand and agree KMG (Krypton Radio) can remove any reader content on the site for any reason. We say that because we can’t envision all the possible ways there are to have trouble with this, so we’re calling dibs on everything.
You understand that you’re reponsible for whatever you publish or post on the site, and for any information you transmit to other site users.
By posting any Content to the public areas of the web site, you hereby grant to Krypton Media Group, Inc. the non-exclusive, fully paid, worldwide license to use, publicly perform and display that Content on our web sites, or to transmit it via our radio stream. Content posted to the public areas of the Websites may be used on the air on the radio station, the radio station’s affiliate stations or the streaming station for commercial or entertainment use. This includes but is not limited to comments, video, audio, photos and all other content posted to public areas of the Websites. If you would like to request that any of your Content be removed from the Websites, please contact us. We will consider your request, but have the right to deny any request if we determine in our sole discretion that removal of the Content in question would harm the experience of our users on the Websites. You represent and warrant that: (i) you own the Content posted by you on the Websites or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Websites.
The following is a partial list of the kind of Content that is illegal or prohibited on the Websites. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the web sites and terminating the registration of such violators. Prohibited Content includes Content that:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
- uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to a personal profile.
You must use the Websites in a manner consistent with any and all applicable laws and regulations.
You may not transmit any chain letters or junk email to other users of the Websites.
You may not cover or obscure any advertisements on your personal profile page or any other page of the Websites via HTML/CSS or any other means.
You may not attempt to impersonate another registered user or person who is not a registered user of the Websites.
You may not use the account, user name, or password of another registered user at any time nor may you disclose your password to any third party or permit any third party to access your account.
You may not sell or otherwise transfer your personal profile.
6. Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. We, in turn, respect the intellectual property rights of others in similar form.
Still, accidents happen. If you believe that your work has been copied and posted on the Websites in a way that constitutes copyright infringement, please provide us with the following information: (a) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Websites; (d) your address, telephone number, and email address; (f) a written 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; and (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These aren’t our rules, they’re what the law specifies. They’re a protection for us to keep people from abusing the system.
Please send the foregoing to:Krypton Media Group, Inc. ATT: DMCA Resolution 13636 Ventura Blvd, Suite 338 Sherman Oaks, CA 91406
We’ll even do this for people who do not live in the United States, as a courtesy to the community, even though legally DMCA protections do not apply outside the United States. We’re prompt about it, and where the law gives us two weeks to take down disputed material, you can expect us to remove it within 48 hours. However, your remedy is limited to the removal of the infringing material.
There is no legal basis for then trying to send us a bill for some arbitrary figure for use of the material, and we do not pay such claims. This is in italics because we want to make sure you actually see this.
7. User Disputes
You are solely responsible for your interactions with other registered users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
The opinions expressed in Content posted on the web site are not necessarily the opinions of KMG. KMG is not responsible for any incorrect or inaccurate Content posted on the Websites, whether caused by users of the Websites or by any of the equipment or programming associated with or utilized by the Websites. We’re also not responsible for the statements or actions of any of our users regardless of format or context.
KMG assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. We’re also not responsible for technical issues that may interrupt service or access to our radio stream or servers, and we’re not responsible for anything that happens to you or your computers or other equipment that might result from using our service, software or web site. We don’t claim that our radio stream, software programs or web site is suitable for any particular use, and we don’t guarantee any particular result from using them.
10. Full Disclosure on Compensation for Reviews
We aren’t paid for reviews of books, web series or videos, television series, movies, comics, restaurants, performance art, cosplay, music or musical performance, or interpretive dance. Occasionally (but not always) we receive reviewer copies of the work in question for the purposes of review from the distributor, author, other creator or publisher. We receive no other compensation for reviews other than this.
The reviewers may be paid a stipend for writing the article, but they get paid the same regardless of what they think of the material they’re reviewing, and neither the creators of the content being reviewed, nor their representatives have absolutely no control over what that stipend is.
11. Limitation on Liability
IN NO EVENT SHALL KRYPTON MEDIA GROUP BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITES, EVEN IF KRYPTON MEDIA GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KRYPTON MEDIA GROUP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100. Otherwise, if you think we’re about to break something of yours or hurt you somehow, it’s your responsibility to stop using our services.
12. Site Promotion
Krypton Media Group may make use of or refer to user-posted content for the purpose of promotion of the web sites and radio service. Such promotion may involve taking screen shots of a particular area of the web sites and using that screen shot as a graphic in an advertisement, or reading material on the air. Promotion may also include quoting content or playing audio or video posted to the public areas of the Websites on the Krypton Media Group radio stations or streaming stations. Krypton Media Group makes no claim of ownership to such user-posted content.
Any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement and to the performance by KMG or you, shall be resolved by mandatory and binding arbitration submitted to the American Arbitration Association in accordance with its Commercial Arbitration Rules at the request of either KMG or you pursuant to the following conditions:
(a) Place of Arbitration Hearings. Arbitration hearings hereunder shall be held in Sherman Oaks, Californa.
(b) Selection of Arbitrator. Within 15 days after the commencement of arbitration, Krypton Media Group and you shall each select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
(c) Conduct of Arbitration. The arbitrators shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator shall have no power or authority to amend or disregard any provision of this section 13 or any other provision of this Agreement. The arbitration hearing shall be commenced promptly and conducted expeditiously, with each of you and Krypton Media Group being allocated one-half of the time for the presentation of its case. Unless otherwise agreed by the parties, an arbitration hearing shall be conducted on consecutive days.
(d) Findings and Conclusions. The arbitrators shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrators shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(e) Costs and Fees. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The prevailing party shall be entitled to an award of reasonable attorney fees.
(f) Litigation. Either party also may, without waiving any remedy under this agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
(g) Jurisdiction. The parties consent to venue in California and to the non-exclusive jurisdiction of competent California state courts or federal courts in the 9th District Court for all litigation which may be brought, subject to the requirement for arbitration hereunder, with respect to the terms of, and the transactions and relationships contemplated by, this Agreement.
You agree to indemnify and hold Krypton Media Group, Inc, its subsidiaries, affiliates, officers, directors, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the web site or radio stream in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement is accepted upon your use of the web site(s) and radio stream and is further affirmed by your registration. This Agreement constitutes the entire agreement between you and Krypton Media Group regarding the use of the services we provide. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
The privacy of our visitors to KryptonRadio.com is important to us.
At KryptonRadio.com, we recognize that privacy of your personal information is important. Here is information on what types of personal information we receive and collect when you use and visit KryptonRadio.com, and how we safeguard your information. We never sell your personal information to third parties.
As with nearly every other web site on the internet, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site. It does not contain information on your physical location or anything about you as a person.
If you’re concerned that your IP address could be used to determine your exact physical location or the physical address where you live, don’t be. An IP address can be geolocated, yes, but generally only well enough to reliably narrow down your location to the country you live in. It can be as accurate as within a five mile radius, or it can be off by hundreds of miles, and there’s no way to know by looking at an individual IP address which it is.
Cookies and Web Beacons
We also use third party advertisements on KryptonRadio.com to support our site. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP , the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites – we notice Google ads do this a lot).
You can chose to disable or selectively turn off our cookies or third-party cookies in your browser settings, or by managing preferences in programs such as Norton Internet Security. However, this can affect how you are able to interact with our site as well as other websites. This could include the inability to login to services or programs, such as logging into forums or accounts.