Terms of Use

Your use of the NGEN Website is conditioned on your acceptance of all of these Terms of Use, including the NGEN Privacy Policy incorporated herein by reference. Use of this Website constitutes your agreement to all these terms and conditions. If you do not agree to these Terms of Use, do not use this Website.

1. General. KSBJ Educational Foundation, Inc. (“KSBJ”) operates the NGEN Website for the personal enjoyment of our users. Your use of the NGEN website after any changes have been posted will constitute your agreement to the modified Terms of Use. You understand and agree that KSBJ may discontinue or change the NGEN Website at any time, without notice. It is your obligation to check these Terms of Use frequently to determine whether any changes have been made. You also understand and agree that KSBJ may discontinue or restrict your use of the Website for any reason without notice and without any liability to you. In addition, when using the NGEN Website, you shall be subject to any posted guidelines or rules, which may be posted from time to time and which are hereby incorporated by reference into these Terms of Use.

2. Copyright And Trademark Information. All materials on this NGEN Website (“NGEN Materials”) are protected by copyright and other intellectual property laws. These materials are owned by KSBJ or its partners, or are used with permission of their owners or as otherwise authorized by law. NGEN Materials include, but are not limited to, the text, photographs, images, illustrations, music, audio clips, video clips, designs, logos, trademarks, and other materials contained in this Website and the selection and arrangement thereof. All rights are reserved.

NGEN™, NGEN radio™, THE NOW GENERATION™, POWERING A WORLD OF GOOD™, and other trademarks, service marks, logos and trade names used on the NGEN Website are the trademarks of KSBJ. You agree not to display or use the KSBJ trademarks in any manner without KSBJ’s prior written consent.

3. Usage Policy. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way use any NGEN Materials, except as follows: a) you may make one machine readable copy and one print copy of occasional items of personal interest, solely for personal, noncommercial use; b) you may post a text-only hyperlink to an article or other item on the NGEN Website; however, KSBJ reserves the right to revoke such permission for links at any time.

Any reproduction, printing, or other use of any NGEN materials for any other purposes requires the prior written permission of KSBJ. Please contact us at the address below to request permission.

You also agree to observe the privacy of all other users and not to use the personal information of any other user for any commercial, promotional or other purpose.

4. Links. The NGEN Website contains links to other Internet sites. These links are not endorsements of those sites and/or any products or services in such sites, and no information in such sites has been endorsed or approved by KSBJ.

5. Disclaimer of Warranties and Liability. KSBJ publishes articles and other content (“Content”) solely for entertainment and informational purposes. Such Content may not be accurate, complete, or up to date. The NGEN Website includes facts, views, opinions and recommendations of individuals and organizations deemed of interest, and KSBJ does not endorse these views, opinions and recommendations.

THE NGEN WEBSITE AND ALL CONTENT IS PROVIDE “AS IS.” KSBJ SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE NGEN WEBSITE AND ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH KSBJ ATTEMPTS TO ENSURE THE INTEGRITY AND ACCURATENESS OF THE NGEN WEBSITE, IT MAKES NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS, ACCURACY, AND/OR RELIABILITY OF THE SITE, NOR OF ANY REVIEW, ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR PROVIDED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH REVIEW, OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. KSBJ DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, BUGS, VIRUSES, OR OTHER PROBLEMS IN THIS SITE AND FOR ANY DAMAGES CAUSED THEREBY.

KSBJ HAS NO OBLIGATION TO YOU TO TAKE ANY ACTION BASED ON ANY INFORMATION YOU POST ON THE NGEN WEBSITE. KSBJ WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE WITH REGARD TO THE NGEN WEBSITE, INCLUDING ANY ACTION OR INACTION BASED ON MATERIALS YOU POST ON THE NGEN WEBSITE, OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE NGEN WEBSITE AND ITS CONTENT. IN NO EVENT WILL KSBJ BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON NGEN CONTENT. KSBJ SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Your use of the NGEN Website, and any reliance on any material published or transmitted by the NGEN Website, is at your own risk. You agree that you hereby release KSBJ and its affiliates, advertisers, supporters, and authors from any and all liability or obligations arising from your access or use of the NGEN Website, or any public forum or other area of the NGEN Website. Your sole remedy for any problem or concern is to leave the NGEN Website. You agree that you will indemnify and hold KSBJ harmless for any loss, damages or liability suffered by KSBJ as a result of your use of the NGEN Website, or your submission of any material to KSBJ or the NGEN Website. KSBJ reserves the right to restrict or limit access to the NGEN Website.

6. Posting And Comments. User or third party submissions or postings are the views of the author or poster. They do not necessarily reflect the views of KSBJ. KSBJ reserves the right to edit any postings or material submitted to it, for any reason. KSBJ has the sole discretion over whether to publish, edit or delete any material submitted to the NGEN Website, including in forums, calendars, blogs, or other sections of the NGEN Website. By submitting any postings, comments or other messages to the NGEN Website, you grant KSBJ all copyright ownership rights to all material submitted by you, and KSBJ has the right to publish the material in any media now known or hereafter developed, and to use, adapt, recast, distribute, display, perform, or transmit it in any way, as KSBJ may determine in its sole discretion. By submitting your name or other identifying data with a posting or other submission, you give KSBJ the right to publish that data, and to use that data for promotional or any other purpose.

You may not submit any confidential, proprietary, or copyrighted material without authorization of the owner. By submitting any material to the NGEN Website, you represent and warrant that you are the original author of such material or have the necessary permission to submit such material. The posting of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation is prohibited. Submission of any material that is obscene, defamatory, or that infringes any trademark, copyright, privacy right, or other legal right is prohibited.

KSBJ disclaims any responsibility for any messages or postings submitted to the NGEN discussion forum or anywhere on the NGEN Website. KSBJ reserves the right to review or edit such messages, and to restrict or deny access to any public discussion sections or other parts of the NGEN Website. KSBJ does not knowingly collect or seek any data or submissions from people under the age of 13. KSBJ provides the public discussion sections solely as a public service and disclaims all liability for information posted to such webpage. If you have needs requiring a counselor, doctor, or other professional, please seek such professional assistance.

If you believe in good faith that any content on the NGEN Website infringes your copyright, you may send us a notice requesting that the material be removed, though we cannot guarantee that any action will be taken as a result of your correspondence. Notices should be sent to KSBJ through the “Contact Us” webpage or to the address below.

7. Governing Law And Forum. This NGEN Website (excluding linked sites) is controlled by KSBJ from its offices within the United States of America. By accessing this NGEN Website you agree that the laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to the use of this site. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the State of Texas with respect to such matters, and you hereby consent to extra-territorial service of process, provided, however, that at the election of KSBJ any disputes arising out of or in connection with this Agreement or your use of this WebSite shall be resolved solely by arbitration as set forth in Paragraph 8 below. KSBJ makes no representation that materials on this NGEN Website are appropriate or available for use in locations outside of the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

8. Dispute Resolution. Any dispute which the parties cannot resolve by negotiation shall, at the exclusive option of KSBJ, be submitted to arbitration under the rules of the Institute for Christian Conciliation (www.peacemaker.net), or any comparable entity agreed upon in writing by the parties. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Any cause of action you may have with respect to your use of the NGEN Website must be commenced within one (1) year after the claim or cause of action arises or be forever waived and barred. KSBJ reserves the right to seek an injunction against any user for infringement of KSBJ copyrighted materials and other violations of these Terms of Use.

9. Entire Agreement. This Agreement constitutes the entire agreement between KSBJ and you with respect to your use of the NGEN Website, and supersedes and extinguishes any and all prior written or oral agreements between KSBJ and you with respect to this subject matter.

10. Severability. If for any reason a court or other tribunal of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

NGEN radio
P.O. Box 187
Humble, TX 77347
(877) 644-KSBJ
NGENradio@ksbj.org

© 2010, KSBJ Educational Foundation, Inc. All Rights Reserved.