Terms of Use
Your continued use of Crush1039.com constitutes acceptance of these Terms of Service, which may be modified by us from time to time. The current version of this document will always be available on Crush1039.com , and it is your responsibility to review it on a regular basis. By continuing to use this site, you agree to be bound by any future changes published on Crush1039.com.

While much of this website is open to the public, certain services, including participation in the online interactive community, require registration. Participation in this online community is a privilege and not a right. If you violate these Terms of Service or otherwise disrupt Crush1039.com or make a nuisance of yourself, we may cancel your account, prohibit you from opening alternate accounts and deny you access to affected portions of the website.

The contents of Crush1039.com are automatically copyrighted by MCC Radio, LLC, as of the date of publication and in many cases by original content creators. For so long as your account remains active and in good standing, you are granted a nontransferable license to use, for personal, noncommercial use, content on Crush1039.com . You are not entitled to redistribute or republish content from Crush1039.com , or from any content provider herein, without the express, written permission of MCC Radio, LLC or the original copyright holder.

Associated Press (AP) news, photos, graphics, video, audio and other multimedia material accessed through this service shall not be directly or indirectly reproduced, published, broadcast, sold, transferred, licensed, distributed in any manner or medium, used to prepare derivative works, or displayed publicly in any manner or medium now known or later developed. AP news material may not be stored in whole or in part in a computer except for personal and non-commercial use. AP will not be held liable for any delays, inaccuracies, errors or omissions in the AP Service or in any AP Material including without limitation any third party content and any of the advertisements in the AP Service or in the transmission or delivery of all or any part thereof or for any damages whatsoever.

You expressly agree that MCC Radio, LLC shall bear no liability for delays, inaccuracies, errors and omissions or defamation for any content provided by any third party, including news services and Crush1039.com members, or for material on third-party sites to which Crush1039.com may be linked.

Becoming a member

To access some services and to contribute to the community conversation on Crush1039.com , you must first create an account and become a member. While membership grants certain privileges, it also carries with it many responsibilities.

You must provide and maintain accurate personal information in your account record. You may not impersonate anyone in either the private or public portions of your user profile. You may post information using only your own account, and you are responsible for anything posted under your identity, including defamatory material, illegal activity, and infringement of other people’s intellectual property rights. You are responsible for maintaining the security of your account and the secrecy of your password. You may not share your password with any third party.

Our use of your personally-identifying information is covered by the Privacy Policy. While Crush1039.com allows you to post content under a pseudonym or “screen name,” you are in no way anonymous.

While some parts of Crush1039.com are open to all, membership is available only to persons aged 13 years and over. Under no circumstances may persons under the age of 13 register for an account, and Crush1039.com explicitly does not solicit or accept personally identifying information from persons under the age of 13.

Posting content

When you contribute content to Crush1039.com, you may post only content that you created, that you own, or for which you otherwise possess express permission or licensing rights. By uploading or otherwise posting any content, you represent and warrant: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it in this medium as provided in this Terms of Service; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (iii) the content will not defame, cause injury to, or harass, any person or entity.

You retain your ownership rights to material you post; however, by posting or uploading content such as text, images, audio and video works, you grant Crush1039.com MCC Radio, LLC, its related companies and licensees a world-wide, royalty-free, perpetual license to reproduce your content on Crush1039.com and in any other media now known or later developed, and to use your publicly disclosed identity and related information for online and offline purposes, including commercial uses.

Crush1039.com  may remove content at any time for any reason or no reason and is in no way responsible for storage or continued availability of content. Crush1039.com is not required, and will not endeavor, to pre-screen or review content that is posted by users. Crush1039.com, however, reserves the right to do so in the future at its sole discretion. In cases where you post content as private or semi-private, including private messaging, Crush1039.com will not be responsible for ensuring the security of that private content and may divulge that content to government or private investigators at its sole discretion.

Notice of Copyright Infringement
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via Crush1039.com, please notify us by sending a notice by U.S. Mail to:

Desert Radio Group
1321 North Gene Autry Trail,
Palm Springs, CA 92262

You should only send a written notice if you believe that your work has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on Crush1039.com.

Trademarks
Content on Crush1039.com includes logotypes, trademarks and service marks (collectively “Marks”) owned by Crush1039.com, its parent company or affiliated, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance, in writing by Crush1039.com.

Conduct and Use

You agree not to post, email, or otherwise make available content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harms minors in any way;
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • that purports to be from any person or entity, 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, mis-informative, or constitutes "bait and switch";
  • that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
  • that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or "pyramid schemes.”
  • that constitutes or contains any form of advertising or solicitation if (1) posted in areas which are not designated for such purposes; or (2) emailed to Crush1039.com users who have requested not to be contacted about other services, products or commercial interests.
  • that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable 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 disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service.

Additionally, you agree not to:

  • contact anyone who has asked not to be contacted;
  • "stalk" or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes;
  • use automated means, including scripts, spiders, robots, crawlers, data mining tools, or the like to download data from or upload data to Crush1039.com ;
  • post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
  • attempt to gain unauthorized access to Crush1039.com computer systems or any other user's computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, Crush1039.com.

Termination of Account
Your account on Crush1039.com may be terminated at any time, with or without notice, for any violation of the foregoing terms, or any other legitimate, good-faith reason not enumerated above, in the sole discretion of Savannah Morning News. In the event your account is terminated, you agree that your sole recourse is to request reinstatement of your account and membership privileges by contacting Crush1039.com via: studio@crush1039.com. You may not open alternate accounts.

Privacy

The Privacy Policy explains how we gather and use information from users, and is incorporated here by reference.

No Warranties
Crush1039.com AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations on Our Liability
UNDER NO CIRCUMSTANCES SHALL Crush1039.com, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF Crush1039.com OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.

International Users
Crush1039.com is controlled, operated and administered by its parent company from its offices within the United States. Crush1039.com makes no representation that materials or Content available through 927kCrush1039.comkuu.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use Crush1039.com or export the Content in violation of U.S. Export laws and regulations. If you access Crush1039.com from a location outside the United States, you are responsible for compliance with all local laws of your jurisdiction that may apply.

Contest and Promotion Rules for Desert Radio Group 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.

Unless otherwise specified by Desert Radio Group: KCLB / KDGL / KKUU / KNWZ / KKUU-HD2 (the “Station”), these rules cover routine contests and promotions conducted by the Station. These rules may be amended by separate specific rules for major contests or promotions conducted by the Station or its sponsors.

The contest or promotion (the “Promotion”) will take place during the dates and times specified in the official rules of the Promotion (the “Promotion Period”) or as announced on-air. The Station may change the dates and/or terms of the Promotion without prior notice. Any material changes will be broadcast on the Station and, if applicable, posted on its website located at www.937kclb.com / www.theeagle1069.com / www.927kkuu.com / www.943knews.com / www.crush1039.com .

Promotions conducted on-air that require telephone responses to “cues to call” are only official when heard on-air via radio. Due to delays with the Station’s online streaming of its broadcast signal, listeners to the online stream may not be able to participate in or be disadvantaged in participating in certain Promotions.

To be eligible to enter or participate in the Promotion, listeners must follow the instructions set forth in the official rules of the Promotion or as announced on-air and must fulfill all of the eligibility requirements of the Promotion. Unless otherwise specified, the Promotion is open to all listeners of the Station who are legal U.S. residents, 18 years of age or older and who live in the Coachella Valley area including Yucca Valley and Beaumont. Employees of the Station, its licensee, the licensee’s parent, subsidiary and affiliated entities, Station’s advertising and promotional agencies, its participating sponsors, other radio stations in the Palm Springs metropolitan area and the members of their immediate families and/or households are ineligible to participate or win. Listeners are eligible to win a prize in a Promotion conducted by Desert Radio Group (KCLB / KDGL / KKUU / KNWZ / KKUU-HD2) only once every thirty (30) days if the prize is valued at or over $50, and listeners are eligible to win a prize in a Promotion conducted by Desert Radio Group (KCLB / KDGL / KKUU / KNWZ / KKUU-HD2) only once every six (6) months if the prize is valued at or over $600. Only one winner per household is permitted in any Station-conducted Promotion. For on-air Promotions, there is no limit to the number of times a listener may attempt to call-in; however a listener may only win/qualify once.

Entrants are required to provide truthful information and the Station will reject and delete any entry that it discovers to be false or fraudulent. The Station will disqualify any entry from individuals who do not meet the eligibility requirements, and the Station will also delete any online entry knowingly received from persons under the age of 13 in compliance with the Children’s Online Privacy Protection Act.

Promotion prizes and their values will be indicated when the Station announces the Promotion. Unless otherwise announced, all prizes or prize certificates must be picked up at the offices of the Station 1321 North Gene Autry Trail, Palm Springs, CA, 92262. Prizes may be claimed during regular business hours (between 9:00am and 5:00pm, Monday through Friday). Promotion winner(s) will be required to present valid government-issued photo identification and provide their complete address, date of birth and phone number to claim a prize. Unless otherwise permitted by the Station, winner(s) must claim his or her prize in person, and a prize cannot be claimed by third parties on behalf of the winner. If a Promotion is open to entrants under the age of 18 and a winner is under the age of 18, a parent or legal guardian must claim the prize. Failure to comply with these requirements will result in the forfeiture of the prize. A winner will forfeit any prize or prize certificate not claimed within thirty (30) days (or sooner for time sensitive prizes) of winning. Unless otherwise specified or required by law, if a prize is not claimed no alternate winner will be selected and the prize will become the property of the Station. The Station, solely at its discretion and only with the consent of the winner, may opt to deliver the prize to the winner by mail or overnight courier. In such event, the winner assumes the risk of the prize’s loss and the Station will not be responsible for the safe arrival of the prize or prize certificate. There is no substitution, transfer or cash equivalent for prizes, except that the Station may, at its sole discretion, substitute prizes of comparable value or cash. Each prize is expressly limited to the item(s) announced by the Station and does not include taxes, gratuities or any other expenses. Other restrictions may apply.

 

 

Decisions of the Station’s management with respect to the Promotion are final.

Potential winner(s) will be selected and notified of their prize in the manner announced by the Station. Promotion winner(s) must execute and return any required Affidavit of Eligibility and/or Release of Liability Prize Acceptance Form within thirty (30) days of winning or being notified of winning (or sooner for time sensitive prizes) or prize will be forfeited and an alternate winner may be selected. If a potential winner cannot be contacted, fails to sign and return the required affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize.

Payments of all federal, state and local taxes related to the award of a prize are solely the responsibility of the winner of the prize. The winner will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize valued at $600 or more or for any prizes awarded by the Station (or any other Desert Radio Group station in Station’s market) in a calendar year with an aggregate value of $600 or more and such winnings will be reported to the IRS. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize.

By participating in the Promotion, the winner(s) agree to have his or her name, voice and likeness used in any advertising or broadcasting material related to such Promotion, without further compensation, and (where permitted by law) to sign a publicity release confirming such consent prior to acceptance of the prize.

Prior to awarding any prize or prize certificate, the Station in its sole discretion may require the winner of such prize (and his or her travel companion(s), if any) to sign a liability release, which holds harmless the Station, its licensee, its parent, subsidiary, and affiliated entities, their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns against any and all claims or liability arising directly or indirectly from the prize or participation in the Promotion. The Station is not responsible for (i) lost, stolen, mangled, misdirected, postage due, illegible, incomplete or late entries; (ii) telephone or mobile service outages, delays, busy signals, facsimile transmission errors, equipment malfunctions and any other technological difficulties that may prevent an individual from completing his/her telephone call or from sending a text message (if applicable, standard text messaging fees may apply, and the Station is not responsible for any fees incurred by an entrant for this method of entry); or (iii) entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties or other technical difficulties.

Station reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort. The Station reserves the right to make changes in the rules of the Promotion, including, without limitation, the substitution of a prize or equivalent value, which will become effective upon announcement. If due to circumstances beyond the control of the Station, any event related to the Promotion or prize is delayed, rescheduled, postponed, cancelled or has a change of venue, the Station reserves the right, but is not obligated, to cancel or modify the Promotion and shall not be required to award a substitute prize. The Station is not responsible for typographical or other errors in the printing, the offering or the administration of the Promotion, or in the announcement of a prize.

The Station, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the Station’s website. Failure to comply with the rules of the Promotion may result in a contestant’s disqualification and/or forfeiture of any prize or prizes. If the Station makes a good faith determination that an entrant has cheated or committed fraudulent activity in connection with a Promotion, the Station reserves the right to disqualify that entrant from entering and/or winning future Promotions.

For the official rules of a Promotion, send a self-addressed stamped envelope for receipt by the end of the Promotion Period to Desert Radio Group, Attn: Promotion Rules. Please be sure to specify the name of the Promotion for which you are requesting the rules. Official rules (when completed) shall also be available during regular business hours at the main offices of the Station.

If you are accessing these rules on the Station’s website or entering the Promotion on said website, you are deemed to agree to the Station’s website’s Terms of Use Agreement located at www.937kclb.com / www.theeagle1069.com / www.927kkuu.com / www.943knews.com / www.crush1039.com and to the use of your personal information as described in the Privacy Policy located at www.937kclb.com / www.theeagle1069.com / www.927kkuu.com / www.943knews.com / www.crush1039.com .
 

 

Any rights not expressly granted herein are reserved.
© 2012 Crush1039.com

This version of the Terms of Service is dated October 23, 2012

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