WELCOME TO KESTADC.COM!
1. Acceptance of Terms When using any of the services and/or content provided by KestaDC.com or through our affiliated, you accept and agree to be legally obliged to comply with the following Terms and Conditions of Service (collectively referred to as "TCS"). The TCS may be modified by KestaDC.com at any given time, without prior notice.
If you do not agree with the TCS, please do not utilize the Content or the Services. KestaDC.com reserves the right, at its sole discretion, to update or revise the Usage Policies. Please review the Usage Policies regularly.
2. Description of Service KestaDC.com currently provides users with various resources including media, event listings, radio and other multimedia content (Service). Unless otherwise expressly noted, any additional service that is established to improve or enhance the Service will be subject to the TCS. You understand and agree that the Service is provided as is, and that KestaDC.com does not assume responsibility for the accuracy, content, or claims that its advertisers make.
In order to utilize the Service, you must have access to the Internet and pay any fees associated with that access. In addition, you must provide the necessary equipment to establish such a connection to the Internet (World Wide Web), including a computer and modem, or any other type of equipment necessary to establish the connection.
3. Disclaimer of Warranties THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, KESTADC.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, KESTADC.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. KESTADC.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KESTADC.COM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. KESTADC.COM DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. KESTADC.COM DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. KESTADC.COM MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY KESTADC.COM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
4. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL KESTADC.COM OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
5. User Conduct You understand that all data information, text, programming, music, sound, photographs, video, messages and other materials that are considered Content, which have been published are the responsibility of the person who published and originated said material. This means that you, and not KestaDC.com, are solely responsible for all of the content that you collect, publish, email, or otherwise transmit through the Service.
KestaDC.com does not control the content that is posted on the Service, and therefore does not warrant the accuracy, integrity or quality of the Content. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstance will KestaDC.com be responsible for Content, including but not limited to errors of omission, or losses or damages of any kind which are incurred as a result of Content that is transmitted by the Service. If you believe that any Content or information in the Service is inaccurate, misleading or harmful, please notify us.
You agree to NOT use the Service for the following: a. Collect, publish, email, or otherwise transmit any content that could be considered unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of privacy or which contains any aggressive comments pertaining to race, culture or religion b. Collect, store, disclose, transmit, or solicit personal information from children under 13 years c. Impersonate any person or entity, including but not limited to KestaDC.com staff, or in any way falsely represent any affiliation with a person or entity d. Forge headers or in any way manipulate ads and/or identifications in order to deceive the origin of the content that is transmitted through the Service e. Collect, publish, email or otherwise transmit any content that you have no legal right, contractual or fiduciary relationships (such as inside information, proprietary or confidential information obtained under agreements or employment relationships) f. Collect, publish, email or otherwise transmit any content that infringes any patent, trademark, company secrets, copyright or other intellectual property right g. Collect, publish, email or otherwise transmit any unsolicited advertisement or unauthorized promotional materials, junk mail, spam, chain letters, pyramid schemes, or any form of unauthorized solicitation h. Collect, publish, email or otherwise transmit any material that contains viruses or any other electronic form of computer code, files or programs designed to interrupt, destroy or limit the normal operations of any computer, computer equipment or telecommunications equipment i. Interfere with or disrupt the Service or servers or networks connected to service networks, disobey any requirements, procedures, policies or regulations of networks connected to the Service j. Intentionally or unintentionally violate any local, state, national or international laws k. Persecute, annoy, harass other individuals l. Collect or store personal information from other users
You understand that KestaDC.com may or may not review the content of the ads before they are published, but KestaDC.com and its staff has the right (but not the obligation) solely in their discretion to remove or reject any content that has been published on the Service. Without limiting the aforementioned, KestaDC.com and its staff has the right to remove any content that violates the TCS or is otherwise objectionable. You agree that you will evaluate and be responsible for all risks associated with the use of the Content, including the usefulness and accuracy of information in the Content. You acknowledge and agree that KestaDC.com may preserve Content, or may reveal Content if it is required by law or by good faith or when revealing the information is reasonably necessary to (a) comply with legal procedures (b) enforce the TCS (c) respond to claims that any Content violates the rights of third parties or (d) to protect rights, property or personal safety of KestaDC.com, its users or the public. You acknowledge that the technical processing and transmission of the service may require (a) transmission through multiple servers (b) changes to conform and adapt to technical requirements of the networks and their technical tools.
6. Indemnity You agree to keep KestaDC.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, immune from any claim or lawsuit, including lawyer fees, led by a third party or caused by or resulting from the Content you submit, publish or transmit on the Service, your use of the Service, your connection to the Service, your violation of the TCS, or your violation of the rights of another person.
7. No Re-Sale of the Service You agree to refrain from reproducing, duplicating, copying, selling, reselling or exploiting for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8. Relationship with Advertisers The communication with, business transactions that you conduct with, or participation in promotions of advertisers found on or by the Service, including payments or delivery of goods or services, and any other terms, conditions or warranties or representations associated with these transactions, are your responsibility to the advertiser. You agree that KestaDC.com is not responsible for any loss or damage in any way associated with the outcome of any such transactions.
9. Links The Service may provide links to other websites on the Internet. Since KestaDC.com does not have control over these sites and/or resources, you acknowledge and agree that KestaDC.com is not responsible about the availability of these external resources, and that it neither endorses nor is it responsible for any Content, promotion or products on these sites. You also acknowledge and agree that KestaDC.com will not be held directly or indirectly responsible for any damage caused or allegedly caused by or in connection with the use or reliability of the Content, goods or services available on or through these links or resources.
10. KestaDC.com and Property Rights You acknowledge and agree that the Service and any necessary programming for the normal functioning of the Software has proprietary and confidential rights which are protected by intellectual property laws as well as other laws. You also acknowledge and agree that the content of advertisers and sponsors or information presented to you through the Service or its ads is protected by copyright, trademarks, service marks, patents or any other rights and laws that protect intellectual property. Unless it was stated explicitly by KestaDC.com or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its programming in whole or in parts.
11. Notice Alerts and notifications can be sent via email or regular mail. The Service may provide notices and warnings such as changes to the TCS. The Service may also notify you about changes to the TCS through links on the Service.
12. General Information The TCS constitutes an accord between yourself and KestaDC.com and governs the use of the Service, overwriting previous agreements between you and KestaDC.com. You may be subject to other terms and conditions when you use services on the Internet.