Untitled Document

(Last Revised June 15, 2007)

Acceptance Through Use. This website (the "Site") is operated by Bonneville International Corporation, a Utah corporation that does business as KSFI FM100 ("Operator"). By using the Site, you agree to be bound by all of the terms, conditions and notices contained or referenced herein (collectively, the "Terms of Use"). You should review the Terms of Use from time to time. Operator may change any of the Terms of Use at any time without notice by posting revisions to the Site. Your continued use of the Site constitutes your acceptance of the revised Terms of Use. If you do not accept all of the Terms of Use, you must exit the Site immediately.

No Use by Children. The Site is not directed to, or intended for use by, children (defined as anyone age twelve (12) or younger). Children should not use the Site or submit any information to Operator.

Privacy. You should review the Privacy Statement posted elsewhere at the Site.

Links to Third Party Sites. The Site may contain links to websites operated by third parties. Such links do not constitute or imply an endorsement of the linked site. The linked sites may appear to be integrated into the Site, but are not under Operator's control. Operator is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before making a decision to proceed to use that site.

User Submitted Content. By posting or submitting any content or other materials to the Site, including, without limitation, any audio or video files or personal information (collectively, "Your Content"), you affirm, represent and warrant that (1) you own or otherwise control all right, title and interest in and to Your Content, including, without limitation, the copyright thereto, (2) none of the material included in Your Content is defamatory, libelous, obscene or pornographic, and (3) use of the Content as provided herein will not violate any legal rights (tangible or intangible) of any third party. You hereby grant Operator and its designees a worldwide, royalty-free, non-exclusive, transferable, sublicenseable license (the "License") to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit and prepare derivative works of Your Content in connection with the Site or the conduct of Operator's business in any formats and through any media channels. Operator may monitor, edit or delete Your Content as it appears on the Site at any time and for any or no reason without your permission.

Indemnification. You agree to indemnify, defend, reimburse and hold harmless Operator, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of Operator, for, from and against any and all liabilities, claims and expenses of any type or nature, including, without limitation, costs and attorneys' fees, that arise from the exercise of the License set forth above or from your use of the Site.

Intellectual Property. You acknowledge that all content and materials available at the Site other than Your Content (collectively, the "Content") are owned or controlled by Operator and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. You may only use the Site and the Content as expressly permitted herein and for no other purpose. You may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including, without limitation, any copyright or trademark notices. Except as authorized by Operator in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Operator is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without permission. Operator's policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please see the Notice and Take Down materials posted elsewhere at the Site.

Disclaimer of Warranties. YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT (COLLECTIVELY, THE "SITE MATERIALS"), ARE PROVIDED ON AN "AS IS/WHERE IS/AS AVAILABLE" BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL OPERATOR, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF OPERATOR, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

International Use. The Site is intended for use by legal U.S. residents residing within the geographic borders of the United States. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site and/or using any of the Site Materials from any jurisdiction where such access and/or use is illegal is prohibited.

Choice of Law. This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in Salt Lake County, State of Utah, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability. The Terms of Use, along with the Privacy Statement and the Notice and Take Down materials posted elsewhere at the Site, constitute the entire agreement between Operator and you with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of the Terms of Use, the Privacy Statement or the Notice and Take Down materials are determined to be invalid or unenforceable, all other provisions thereof shall remain in full force and effect.

Unauthorized Use and Termination. You agree to use the Site only for authorized and legal activities. Operator reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.

Contact Information. Questions concerning the Terms of Use or the Site should be directed to Emily Millard emillard@ksl.com.

Privacy Statement

PRIVACY STATEMENT (Last Revised June 15, 2007)

General. This website (the "Site") is operated by Bonneville International Corporation, a Utah corporation that does business as KSFI FM100 ("Operator"). The following Privacy Statement (the "Statement") supplements the Terms of Use posted elsewhere at the Site. You should read the Statement and the Terms of Use before you use the Site. By using the Site, you agree to be bound by all of the terms, conditions and notices contained or referenced herein. You should review the Statement from time to time. Operator may change the Statement at any time without notice by posting revisions to the Site. Your continued use of the Site constitutes your acceptance of the revised Statement. If you do not accept all of the terms and conditions set forth in the Statement, you must exit the Site immediately.

What Information is Collected. There are two (2) general types of information that can be collected as a result of your use of the Site: (1) Personally identifiable information (such as your first and last name, home or other physical address, telephone number, email address, date of birth, social security number, other identifiers that permit physical or online contact with you or any information about you collected online and maintained in personally identifiable form in combination with any of the preceding categories), and (2) aggregate information (such as your IP address - a number used to identify your computer when you are on the Internet - or the type of browser you are using).

Personally Identifiable Information. Certain features available at the Site will require you to submit personally identifiable information about yourself ("Personal Information") as a condition of participation. Some of the features may be offered by Operator, while others may be offered by third parties. (For example, you may be required to submit Personal Information in order to enter a contest conducted by Operator, or you may be required to submit Personal Information in order to receive news updates by email from a third party news source.) In addition, Operator may ask you to provide Personal Information for purposes unrelated to the use of a feature at the Site. IN ALL CASES, YOU CAN ALWAYS REFUSE TO PROVIDE PERSONAL INFORMATION, BUT THIS MAY RESULT IN DECREASED FUNCTIONALITY OF THE SITE FOR YOU AND LIMIT YOUR ABILITY TO RECEIVE INFORMATION ABOUT PRODUCTS OR SERVICES THAT MAY BE OF PARTICULAR INTEREST. In general, the use of Personal Information you choose to submit to a third party in connection with your use of the Site will be controlled by the privacy practices of the third party and not this Statement.

Aggregate Information/Cookies. Operator and third parties with features at the Site may collect aggregate information through the use of "cookies" or by other electronic means. In general, a cookie is a small amount of data sent to your browser from a web server and stored on your computer's hard drive. With most browsers or other software, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. You can refer to the instructions for your browser to learn more about these functions. If you choose to reject cookies, the Site likely will not operate as efficiently for you.

Ownership and Use of Information. ANY INFORMATION COLLECTED BY OPERATOR IN CONNECTION WITH YOUR USE OF THE SITE - REGARDLESS OF WHETHER CHARACTERIZED AS PERSONAL INFORMATION OR AGGREGATE - SHALL BELONG EXCLUSIVELY TO OPERATOR AND MAY BE USED, MAINTAINED, UPDATED, DISCLOSED OR SOLD BY OPERATOR AS DESIRED IN ITS SOLE DISCRETION.

Forums. The Site may include forums (such as message boards and chat rooms) that enable users to communicate with each other. Operator is under no obligation to moderate or edit the forums and will not be responsible for the content or use of any material posted on any forum at the Site. Operator retains the right to delete at any time and for any or no reason any material posted at the Site.

Contact Information. Questions concerning the Statement or the Site, including any request to review or change your Personal Information, should be directed to Emily Millard emillard@ksl.com.

Notice and Take Down Procedure for Making Claims of Copyright Infrigement

If you believe copyrighted work is available on this web site in a way that constitutes copyright infringement, you may notify the following designated agent of FM100.com ("Operator) in writing:

Your written notification (the "Notification") to the above-referenced designated agent must include substantially all of the following:

a. Identification of the copyrighted work that is the subject of the claimed infringement or, if multiple copyrighted works are involved, a representative list of such works;

b. Identification of the allegedly infringing material, together with information reasonably sufficient to permit Operator to locate such material;

c. Information reasonably sufficient to permit Operator to contact you, such as your name, address, telephone number and email address;

d. A statement by you that you have a good faith belief that the copyrighted work identified in the Notification is being used in a manner that is not authorized by the copyright owner, its agent or the law;

e. A statement by you, signed under penalty of perjury, that the information contained in the Notification is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that is allegedly being infringed; and

f. A physical or electronic signature of the owner of the copyrighted work or a person authorized to act on its behalf.

Upon receipt of a Notification containing substantially all of the foregoing, Operator will take the following steps:

a. Remove or disable access to the allegedly infringing material;

b. Forward the Notification to the alleged infringer (the "Impacted Party"); and

c. Take reasonable steps to promptly notify the Impacted Party that Operator has removed or disabled access to the allegedly infringing material.

The Impacted Party may submit a counter notification in writing to the above-referenced designated agent of Operator. The written counter notification (the "Counter Notification") must include substantially all of the following:

a. Identification of the allegedly infringing material that was removed or disabled by Operator and the location where the material appeared before it was removed or access to it was disabled;

b. A statement under penalty of perjury that the Impacted Party has a good faith belief that the allegedly infringing material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

c. The Impacted Party's name, address and telephone number and a statement that the Impacted Party consents to the jurisdiction of the United States federal district court for the judicial district in which the address provided by the Impacted Party is located and will accept service of process from you. If the Impacted Party is located outside the United States, the Impacted Party must include a statement that it consents to the jurisdiction of any United States federal district court in which Operator may be found; and

d. A physical or electronic signature of the Impacted Party.

Upon receipt of a Counter Notification containing substantially all of the foregoing, Operator will take the following steps:

a. Send you a copy of the Counter Notification;

b. Inform you that it will replace the allegedly infringing material or cease disabling access to it within ten business days; and

c. Replace the removed allegedly infringing material or cease disabling access to it not less than ten nor more than fourteen business days following receipt of the Counter Notification; provided you have not supplied the designated agent with evidence that you have filed an action seeking a court order to restrain the Impacted Party from engaging in the infringing activity that was the subject of the Notification.

Operator' policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.