TERMS OF USE AGREEMENT
This site is owned or managed by Wynne Broadcasting Company, Inc. (“Wynne Broadcasting”) and is part of the Wynne Broadcasting companies, which includes other quality entertainment brands such as broadcast and Internet radio stations and klamathfallswantads.com.
Wynne Broadcasting
provides this Wynne Broadcasting Website and related services for your personal
non-commercial use only and subject to your compliance with this Terms of Use
Agreement (the “Agreement”). Please read this Agreement carefully before using
this Wynne Broadcasting Website. Your use of this Wynne Broadcasting Website
constitutes your acceptance to be bound by this Agreement without limitation,
qualification or change. If at any time you do not accept all the terms and
conditions of this Agreement, you must immediately discontinue use of this Wynne
Broadcasting Website. This Agreement sets forth Wynne Broadcasting’s policies
with respect to its operation of the Wynne Broadcasting Websites. Other policies
govern Wynne Broadcasting’s non-Internet operations.
Certain products or services offered by this and/or other Wynne Broadcasting
Websites (each a “Wynne Broadcasting Internet Service,” and collectively “Wynne
Broadcasting Internet Services”), and certain areas within this and/or other
Wynne Broadcasting Websites may be governed by additional terms (“Additional
Terms”) presented in conjunction with those products or services. You must agree
to these Additional Terms before using those areas or Wynne Broadcasting
Internet Services. The Additional Terms and this Agreement shall apply equally.
In the event of an irreconcilable inconsistency between the Additional Terms and
this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY WYNNE BROADCASTING WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL
OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR
ACCESS TO ANY WYNNE BROADCASTING WEBSITE MAY BE TERMINATED IMMEDIATELY IN WYNNE
BROADCASTING’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY
WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER
REASON, OR NO REASON.
Some parts of this Wynne Broadcasting website may contain adult content intended
for people who are at least 18 years old. By viewing this adult content, you are
representing that you are at least 18 years old and that the content is
acceptable to you. Filtering software is commercially available which can be
used to exclude content that is not acceptable to you. This software may prevent
the display of all or portions of the Wynne Broadcasting Website content.
Changes to this Agreement
This Agreement is effective as of April 06, 2006. Wynne Broadcasting reserves
the right, in its sole discretion, to modify, alter, or otherwise change this
Agreement and/or the Additional Terms at any time. Wynne Broadcasting will
provide notice of such change on this Wynne Broadcasting Website. Please review
this Agreement and/or Additional Terms periodically for changes. Your continued
use of the Wynne Broadcasting Website and/or Wynne Broadcasting Internet Service
constitutes your acceptance and agreement to be bound by these changes without
limitation, qualification or change. If at any time you do not accept these
changes, you must immediately discontinue use of this Wynne Broadcasting Website
and/or the Wynne Broadcasting Internet Service to which the changes may apply.
Privacy and Protection of Personal Information
Wynne
Broadcasting has developed a Privacy Statement in order to inform you of its
practices with respect to the collection, use, and disclosure of personal
information. You can find this Statement by clicking
here.
Accounts, Security, Passwords
If a particular Wynne Broadcasting Website or Wynne Broadcasting Internet
Service requires you to open an account, you must complete the specified
registration process by providing us with current, complete, and accurate
information as requested by the applicable online registration form. It is your
responsibility to maintain the currency, completeness, and accuracy of your
registration data and any loss caused by your failure to do so is your
responsibility. After you have fully completed the registration form, you may be
asked to choose a password and a user name. It is entirely your responsibility
to maintain the confidentiality of your password and account. Additionally, you
are entirely responsible for any and all activities that occur under your
account. You agree to notify Wynne Broadcasting immediately of any unauthorized
use of your account. Wynne Broadcasting is not liable for any loss that you may
incur as a result of someone else using your password or account, either with or
without your knowledge. You may cancel your account by delivering notice in the
manner provided in the Additional Terms governing the particular Wynne
Broadcasting Internet Service.
Fees
Except where otherwise provided, access to and use of this Wynne Broadcasting
Website and the Wynne Broadcasting Internet Services offered through this site
are currently available without charge. Wynne Broadcasting reserves the right to
charge a fee for access to or use of this Wynne Broadcasting Website, or any
Wynne Broadcasting Internet Service available on this Wynne Broadcasting Website
at any time in the future. Your access to or use of this Wynne Broadcasting
Website before such time does not entitle you to use of this Wynne Broadcasting
Website without charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH
THIS WYNNE BROADCASTING WEBSITE AND/OR WYNNE BROADCASTING INTERACTIVE SERVICE IS
AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES,
INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH
THIS WYNNE BROADCASTING WEBSITE OR WYNNE BROADCASTING INTERACTIVE SERVICE ARE
PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. WYNNE BROADCASTING MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON
THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
WYNNE BROADCASTING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE
RIGHTS OF THIRD PARTIES. WYNNE BROADCASTING DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS THAT THIS WYNNE BROADCASTING WEBSITE WILL OPERATE ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS
SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. WYNNE
BROADCASTING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY,
AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL
OF ANY KIND CONTAINED WITHIN THIS WYNNE BROADCASTING WEBSITE FOR ANY PURPOSE,
INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS
CONTENT.
WYNNE BROADCASTING IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR WYNNE BROADCASTING INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links
This
Wynne Broadcasting Website may contain links to websites operated by third
parties. Wynne Broadcasting does not monitor or control the linked sites and
makes no representations regarding, and is not liable or responsible for the
accuracy, completeness, timeliness, reliability or availability of, any of the
content uploaded, displayed, or distributed, or products, or services available
at these sites. If you choose to access any third party site, you do so at your
own risk. The presence of a link to a third-party site does not constitute or
imply Wynne Broadcasting's endorsement, sponsorship, or recommendation of the
third party or of the content, products, or services contained on, or available
through, the site.
Software Available Through WB Website
Any software that is made available to view and/ or download in connection with
a Wynne Broadcasting Internet Service (“Software”) is owned or controlled by
Wynne Broadcasting and/or licensors, affiliates and suppliers and is protected
by copyright laws and international treaty provisions. Your use of the Software
is governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software. Wynne Broadcasting accepts no
responsibility or liability in connection with any Software owned or controlled
by third parties.
Third-Party Merchants
This Wynne Broadcasting Website may enable you to order and receive products,
information and services from businesses that are not owned or operated by Wynne
Broadcasting. The purchase, payment, warranty, guarantee, delivery, maintenance,
and all other matters concerning the merchandise, services or information,
opinion or advice ordered or received from such businesses are solely between
you and such businesses. Wynne Broadcasting does not endorse, warrant, or
guarantee such products, information, or services, and is not liable for the
accuracy, completeness, or usefulness of such information or the quality of
availability of such products or services. Wynne Broadcasting will not be a
party to or in any way responsible for monitoring any transaction between you
and third-party providers of such products, services, or information, or for
ensuring the confidentiality of your credit card information. Any separate
charges or obligations you incur in your dealings with these third parties are
your responsibility and are not part of the fee, if any, charged for the Wynne
Broadcasting Internet Service.
Modification/Termination by Wynne Broadcasting
Wynne
Broadcasting reserves the right, in its sole discretion, to modify, suspend, or
terminate this Wynne Broadcasting Website and/or any portion thereof, including
any Wynne Broadcasting Internet Service, and/or your account, password, or use
of any Wynne Broadcasting Internet Service, or any portion thereof, at any time
for any reason with or without notice to you.
Termination of your account for a Wynne Broadcasting Internet Service removes
your authorization to use the Wynne Broadcasting Internet Service. In the event
of termination, you will still be bound by your obligations under this Agreement
and any Additional Terms, including the warranties made by you, and by the
disclaimers and limitations of liability. Additionally, Wynne Broadcasting shall
not be liable to you or any third-party for any termination of your access to a
Wynne Broadcasting Internet Service.
Interactive Services
This Wynne Broadcasting Website may offer certain Wynne Broadcasting Internet
Services having interactive components such as bulletin boards, chat rooms and
forums (collectively “Wynne Broadcasting Interactive Services”). A copy of the
Interactive Service Additional Terms can be found
here.
Subscription Services
This Wynne Broadcasting Website may offer certain Wynne Broadcasting
Subscription Services such as newsletters (collectively “Wynne Broadcasting
Subscription Services”). By registering for a Wynne Broadcasting Subscription
Service, you will be subject to any charges and rules set forth in the
description of that service
Premium Services
Some
Wynne Broadcasting Internet Services on this Wynne Broadcasting Website,
including certain Wynne Broadcasting Interactive and Subscription Services, may
be offered to you conditioned on your payment of a fee (“Wynne Broadcasting
Premium Service”). By using the Wynne Broadcasting Premium Service, you will be
subject to any charges and rules set forth in the Additional Terms for that
service. A copy of the Premium Service Additional Terms can be found
here.
Contests/Sweepstakes
For
Additional Terms applying to all contests or sweepstakes conducted by this Wynne
Broadcasting Website, refer to this site's contest or sweepstakes information.
Limitations on Liability
In no event shall Wynne Broadcasting, its subsidiaries, affiliates,
distributors, suppliers, licensors, agents or others involved in creating,
sponsoring, promoting, or otherwise making available the Wynne Broadcasting
Website and its contents, be liable to any person or entity whatsoever for any
direct, indirect, incidental, special, compensatory, consequential, or punitive
damages or any damages whatsoever, including but not limited to: (i) loss of
goodwill, profits, business interruption, data or other intangible losses; (ii)
your inability to use, unauthorized use of, performance or non-performance of
the Wynne Broadcasting Website; (iii) unauthorized access to or tampering with
your personal information or transmissions; (iv) the provision or failure to
provide any service; (v) errors or inaccuracies contained on the Wynne
Broadcasting Website or any information, software, products, services, and
related graphics obtained through the Wynne Broadcasting Website; (vi) any
transactions entered into through this Wynne Broadcasting Website; (vii) any
property damage including damage to your computer or computer system caused by
viruses or other harmful components, during or on account of access to or use of
this Wynne Broadcasting Website or any site to which it provides hyperlinks; or
(viii) damages otherwise arising out of the use of the Wynne Broadcasting
Website and Wynne Broadcasting Internet Services. The limitations of liability
shall apply regardless of the form of action, whether based on contract, tort,
negligence, strict liability or otherwise, even if Wynne Broadcasting has been
advised of the possibility of damages.
Indemnification
You agree to indemnify, defend, and hold harmless Wynne Broadcasting, its
subsidiaries, agents, distributors and affiliates, and their officers, directors
and employees from and against any and all claims, actions, demands,
liabilities, costs and expenses, including, without limitation, reasonable
attorneys’ fees, resulting from your breach of any provision of this Agreement,
the Additional Terms, or any warranty you provide herein, or otherwise arising
in any way out of your use of this Wynne Broadcasting Website and any related
Wynne Broadcasting Internet Service and/or software. Wynne Broadcasting reserves
the right to take exclusive control and defense of any such claim otherwise
subject to indemnification by you, in which event you will cooperate fully with
Wynne Broadcasting in asserting any available defenses.
International Use/U.S. Export Controls
Accessing materials on this Wynne Broadcasting Website by certain persons in
certain countries may not be lawful, and Wynne Broadcasting makes no
representation that materials on this Wynne Broadcasting Website are appropriate
or available for use in locations outside the United States. If you choose to
access this Wynne Broadcasting Website from outside the United States, you do so
at your own risk and initiative, and are responsible for compliance with any
applicable local laws.
The United States controls the export of any software downloadable from this
Wynne Broadcasting Website. No software or any other materials associated with
this Wynne Broadcasting Website may be downloaded or otherwise exported or
re-exported to countries or persons prohibited under export control laws,
including but not limited to countries against which the United States has
embargoed goods, or to anyone on the U.S. Treasury Department list of Specially
Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table
of Deny Orders. You are responsible for compliance with the laws of your local
jurisdiction regarding the import, export, or re-export of any such materials.
By using and/or downloading any such materials from a Wynne Broadcasting
Website, you represent and warrant that you are no located in, under the control
of, or a national or resident of any such country to which such import, export,
or re-export is prohibited or are not a person or entity to which such export is
prohibited.
PRIVACY STATEMENT
This statement informs you of Wynne Broadcasting's practices with respect to the online collection, use, and disclosure of personal information from this Wynne Broadcasting Website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests.
Wynne Broadcasting is the owner of this website and retains all ownership rights to the information collected at this site. Wynne Broadcasting reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.
Personalization
Although you may use many features of this site without completing a
registration or sign-up form, visitors who do register and/or sign up for
special services may have access to additional features of the site and are more
likely to receive information suited to their interests. For example, a
registered user is eligible for additional services provided by this website
such as listener clubs and personalized content. Our registration and special
services sign-up forms may ask you for contact information (like name or email
address) and demographic information (like zip code or age). You must provide
the information in order to receive the benefits of registration or of the
special service.
We may use the contact information you give us to better tailor your website experience to your interests, to request your opinions with respect to media and entertainment, and to send you information about Wynne Broadcasting and its services as well as promotional material on behalf of some of our partners. We may use information that you provide to us to inform you of content on the web, radio and other methods of content delivery, in which you may be interested and to provide or display the content according to your preferences. We will also share this information within the Wynne Broadcasting family in order to enhance your experiences with Wynne Broadcasting.
In addition, we may share this information with advertisers or other third parties that are not part of the Wynne Broadcasting family on an aggregate or other basis that does not disclose your identity or contact information.
Online Surveys/Contests
From time to time, we may conduct online surveys and contests. These ask you for
contact information (like name or email address) and demographic information
(like zip code or age). We may use this contact information from our surveys and
contests to provide you with information about our company and promotional
material on behalf of some of our partners, and to contact you when necessary.
Supplemental Information
To enhance Wynne Broadcasting's ability to tailor this site to your preferences,
we may combine information that you provide us on registration and other online
sign-up forms with other information about you that we may obtain. We do not
share that information with any other party.
Shopping/Commercial Services
This Wynne Broadcasting site may offer shopping services, which may be offered
by us or by a firm that operates a store under contract with us. If our site
offers shopping or other commercial services, you will use a customer order form
to request information, products, and services. The order form will ask you to
give us contact information (like name or email address), financial information
(like account or credit card numbers), and demographic information (like zip
code or age).
We will use the financial information that you provide to bill you for products
and services. By giving our site your credit card and related personal
information, you are authorizing our store to give that information to the
merchant and credit card company in order to confirm and fulfill your order.
We will use contact information from the order form to fulfill your orders. We
may also use contact data to get in touch with you when necessary. We will not
otherwise use or distribute your financial information without your prior
approval.
Public Forums
This site may make available chat rooms, forums, message boards, and news
groups. Please remember that any information that you disclose in these areas
becomes public information and you should exercise caution when deciding to
disclose your personal information.
Information Sharing With Third Parties
From time to time we may enter into a special relationship with another company
that is not owned by Wynne Broadcasting to provide additional features at this
site. These special relationships may include “powered by” partners, business
partners, sponsors, and co-branded sites (referred to here as “co-branded
pages”). These might include, for example, pages that share our name and that of
another entity, such as Google. You should look for a specific privacy statement
on any such co-branded page. Any personal information that you provide when
signing up at one of those co-branded pages may be shared with our third party
partner. You should also check our partner’s website for information regarding
its privacy policies.
Also, the nature of some features of our site may require that we share personal
information about you with persons or companies outside of the Wynne
Broadcasting family. For example, this may occur at a feature that enables you,
via our site, to ask questions of persons or entities that are not part of the
Wynne Broadcasting family. By responding to those features of the site, whether
by email or direct entry of information on our Website, you are consenting to
our transferring that information to such persons or entities.
With respect to specific registration modules, like contests, we may disclose
personal information collected, and we will post a conspicuous statement on the
registration module to the effect that we will be disclosing the information
collected with third parties
Finally, we may share any of the information collected from you with these other
non-Wynne Broadcasting companies in an aggregate basis. The aggregated
information is not linked to any information that can identify you.
IP
Address and Log Files
We may use your IP address to administer our Website, to help diagnose problems
with our server, to analyze trends, to track users’ webpage movements, to help
identify you and your shopping cart, and to gather broad demographic information
for aggregate use.
Cookies
This
Wynne Broadcasting site may use a standard technology called a “cookie” to
collect information about how you use the site. Cookies reside on your computer
and help our website to recognize your computer's browser as a previous visitor.
This information allows us to customize delivery of information. For example,
our site may use cookies to save and remember registration information or
preferences that you may have set while browsing the site, to keep track of your
shopping cart, to ensure you don't see the same ad content repeatedly, to
deliver content specific to your interests, and to save your password so you
don't have to re-enter it each time you visit our site. We use cookies only to
gather information as indicated in this policy.
In addition, on occasion our site may also set a “session cookie” which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires.
Finally, we may also use an ad network provider to help present advertisements on this and other Wynne Broadcasting Web sites. This ad network provider, like other advertising service vendors, uses cookies, web beacons, or similar technologies on the hard drive of your computer to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, and to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, the provider collects non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these ad network providers is subject to their own privacy policies, not ours. If you do not want the benefits of these advertising cookies, you may opt-out by visiting http://www.networkadvertising.org/optout_nonppii.asp. However, if you do so you may not receive the full benefit from the use of our site.
Banner Advertising
We license ad-server software from another company to place banner advertising
on our sites. All of the data provided and generated by the ad-server software
remains in our possession and no data is transferred to the licensor of the
software. This feature of our site may, on occasion, set “cookies” on your
computer. Any information collected or stored by the ad-service or the cookies
is treated in the same manner as other information as described in this
statement.
Children’s Personal Information
Consistent with the Children’s Online Privacy Protection Act:
· This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13.
· In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.
· In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
Your
Choices
This Wynne Broadcasting site provides you the opportunity to opt-out of
receiving email communications from us and our special relationship partners. To
opt-out of receiving email communications, you may:
• Send an email to
Wynne Broadcasting Online Support.
Please include the web address, call letters or station's name. (Please note
that this email address should only be used for specific technical issues
related to the website such as unsubscribing from a database. The
recipients of these emails will not be able, in general to answer concerns
regarding on-air programming, promotions or other non-web related issues.)
Access to Personal Information
Wynne
Broadcasting gives you the opportunity to modify or remove personal information
that you have provided to us. You may do so by modifying your password-protected
registered user information on our website.
Security of Your Personal Information
Wynne Broadcasting employs reasonable security measures consistent with standard
industry practice, for information collected through this website. We believe
that we have adequate security measures in place in our physical facilities to
protect against the loss, misuse, or alteration of the information we collect on
our website. We also use internal protections to limit access to users' personal
information to only those employees who need the information to perform a
specific job.
Sale
or Merger
If this site is sold to, or merges with, another company not owned by Wynne
Broadcasting, you should expect that some or all of the information collected
from this website may be transferred to the buyer/surviving company. If so,
Wynne Broadcasting will seek to obligate the acquiring company to use any
personal information transferred by this site in a manner consistent with this
statement, but cannot guarantee that it will be able to impose that requirement
or that the acquiring company will comply.
Legal
Process
You should be aware that Wynne Broadcasting may be required to disclose your
personal information to the government or third parties under certain
circumstances, such as in court or regulatory proceedings.
Contacting the Website
If you have any questions about this privacy statement, the practices of this
site, or your dealings with this website, you can contact
Wynne Broadcasting Online Music & Radio Support. Please include the web
address, call letters or station's name. Please note that this email address
should only be used for specific technical issues related to the website such as
unsubscribing from a database. The recipients of these emails will not
be able, in general to answer concerns regarding on-air programming, promotions
or other non-web related issues.
Leased Content
Neither Standard & Poor nor any third-party licensor shall have any liability
for the accuracy or completeness of this service or any component thereof or for
delays, unauthenticity, omissions, or other defects therein nor for any claims
or losses arising therefrom or occasioned thereby, including, without
limitation, any lost profits, indirect, special, or consequential damages.
Either Standard & Poor or third party licensors have exclusive proprietary
rights from the information received via the service. Customer, end-user, or
visitor, as applicable, shall not use or permit anyone to use the information
provided through the service for any unlawful or unauthorized purpose. Customer,
end-user, or visitor, as applicable, is not authorized or permitted to furnish
such information to any person or firm for reuse or retransmission without prior
written approval of the source of such information. Provision of the information
on the service is subject to termination in the event that any agreement between
a third party licensor and a provider of information distributed through the
service is terminated in accordance with its terms. Third party licensor and its
subsidiaries, affiliates, information providers and content partners shall have
no liability for investment decisions based on the information provided hereby.
General Information
This Agreement and the Additional Terms shall be governed by, construed and
enforced in accordance with the laws of the State of Oregon, as it is applied to
agreements entered into and to be performed entirely within such state, without
regard to conflict of law principles. You agree that any cause of action you or
Wynne Broadcasting brings to enforce this Agreement and/or the Additional Terms,
or in connection with any matters related to this Wynne Broadcasting Website
and/or the Privacy Statement, shall be brought only in either the state or
Federal courts located in Klamath Falls, Oregon. You agree to submit to the
personal jurisdiction of the courts of the State of Oregon for any cause of
action arising out of this Agreement. You agree to file any cause of action with
respect to this Agreement within one year after the cause of action arises. You
agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Wynne Broadcasting with respect to the use of this Wynne Broadcasting Website and shall not be modified except in writing, signed by an authorized representative of Wynne Broadcasting.
If you have any questions concerning this Agreement, you may send them by email to Legal@klamathradio.com. You must send any official correspondence via postal mail to:
B.
Wynne
Legal Department
Wynne Broadcasting Communications, Inc.
P.O. Box 938
Klamath Falls, Oregon 97601
European Union and Other Foreign Nations
This Wynne Broadcasting website is governed by and operated in accordance with
the laws of United States of America and is intended for enjoyment of residents
of the United States. Wynne Broadcasting makes no representation that this
website is governed by or operated in accordance with the laws of other nations.
By using this site and submitting any personal information, visitors from
outside of the United States acknowledge the this site is subject to U.S. law,
consent to the transfer of personal data to the U.S., and waive any claims that
may arise under their own national laws.
COPYRIGHT & TRADEMARK NOTICE
Use
of Intellectual Property
The Wynne Broadcasting Website, and all of its contents, including but not
limited to articles, other text, photographs, images, illustrations, graphics,
video material, audio material, including musical compositions and sound
recordings, software, Wynne Broadcasting logos, titles, characters, names,
graphics and button icons (collectively “Intellectual Property”), are protected
by copyright, trademark and other laws of the United States, as well as
international conventions and the laws of other countries. The Intellectual
Property is owned or controlled by Wynne Broadcasting or by other parties that
have provided rights thereto to Wynne Broadcasting.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Wynne Broadcasting Website, in whole or in part, without the express written permission of Wynne Broadcasting.
Other trademarks, service marks, product names and company names or logos appearing on this Wynne Broadcasting Website that are not owned by Wynne Broadcasting may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Wynne Broadcasting Website, or frame this Wynne Broadcasting Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Wynne Broadcasting Website in an email for commercial purposes, without the express written permission of Wynne Broadcasting.
You may inquire about obtaining permission by writing:
B.
Wynne
Legal Department
Wynne Broadcasting Communications, Inc.
P.O. Box 938
Klamath Falls , OR 97601
By
Facsimile: (541)850-2882
By Email:
IPPermission@klamathradio.com
Copyright Infringement
Wynne Broadcasting respects the intellectual property rights of third parties,
and complies with the terms of the Digital Millennium Copyright Act (DMCA)
regarding such rights. By submitting any material or photographs through this
Wynne Broadcasting Website, you are granting permission to have this material
posted on this Wynne Broadcasting Website, and are representing that you are the
rightful owner of the submitted material, and that no one else may claim rights
to this material. Wynne Broadcasting reserves the right to remove access to
infringing material. Such actions do not affect or modify any other rights Wynne
Broadcasting may have under law or contract. You can find our procedures for
providing notice of alleged copyright infringement
here.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, you should send written notification thereof, in
accordance with the provisions of the Digital Millennium Copyright Act, to our
Designated Agent, who can be reached as follows:
By mail:
B.
Wynne
DMCA Designated Agent
c/o Legal Department
Wynne Broadcasting Communications, Inc.
P.O. Box 938
Klamath Falls, OR 97601
By
Facsimile: (541) 850-2882
By Email:
dmca@klamathradio.com
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Wynne Broadcasting to locate the material.
(iv) Information reasonably sufficient to permit Wynne Broadcasting to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
INTERACTIVE SERVICE ADDITIONAL TERMS
You may participate in the Wynne Broadcasting Interactive Service by reading and agreeing to the Terms of Use Agreement and these Interactive Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Interactive Service Additional Terms, you may not participate in the Wynne Broadcasting Interactive Service.
You agree that you will not:
· Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
· Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the Wynne Broadcasting Website, or any postings which advocate illegal activity.
· Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
· Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
· Deliver, or provide links to, any postings containing defamatory, false or libelous material.
· Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
· Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
· Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
· Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
· Use this Wynne Broadcasting service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Wynne Broadcasting Website or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
· Attempt to gain unauthorized access to this Wynne Broadcasting Website, any related website, other accounts, computer system, or networks connected to this Wynne Broadcasting Website, through hacking, password mining, or any other means.
· Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Wynne Broadcasting Website, including harvesting or otherwise collecting information about others such as email addresses.
You are solely responsible and liable for postings delivered to the Wynne Broadcasting Website using your account. Any violation of these provisions can subject your Wynne Broadcasting account to immediate termination and, possibly, further legal action.
Wynne Broadcasting does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a Wynne Broadcasting interactive website by you or other users. Wynne Broadcasting is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Wynne Broadcasting reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. Wynne Broadcasting is not responsible or liable for damages of any kind arising from any postings even when Wynne Broadcasting is advised of the possibility of such damages, or from Wynne Broadcasting's alteration or deletion of any posting.
The information and opinions expressed in postings on this Wynne Broadcasting Website are not necessarily those of Wynne Broadcasting or its content providers, advertisers, sponsors, affiliated or related entities, and Wynne Broadcasting makes no representations or warranties regarding that information or those opinions. Wynne Broadcasting does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
Unless otherwise provided, all postings to the Wynne Broadcasting Website automatically and immediately become the property of Wynne Broadcasting without any obligation of confidentiality. Wynne Broadcasting shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that Wynne Broadcasting does not retain exclusive ownership of any posting, then you hereby expressly grant to Wynne Broadcasting a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
PREMIUM SERVICE ADDITIONAL TERMS
You may register for a Wynne Broadcasting Premium Service by reading and agreeing to the Terms of Use Agreement and these Premium Service Additional Terms, and by completing the registration form. If you do not agree to abide by the Terms of Use Agreement and these Premium Service Additional Terms, you may not register for the Wynne Broadcasting Premium Service.
Member Account and Password
You are responsible for any membership name and password that is associated with
your account during registration. If this premium service does not recognize
your device from a previous sign-in, you will be asked for information that will
help us to identify your registration. It is your responsibility to maintain the
confidentiality of your password, if one is established. You are entirely
responsible for any and all activities that occur under your account, and agree
to notify us immediately of any unauthorized use of your account.
Charges for Premium Service
Wynne Broadcasting will provide notice of any charges, or extra charges, before
you register for or enter a premium area. You are responsible for any charges
for premium content incurred by your account. We are not liable for any loss
that you may incur as a result of someone else using your password or account,
whether with or without your knowledge.
In the event that you pay for a premium service by credit card, you authorize us
to charge your credit card account by registering for the service and providing
us with your credit card information. You warrant to us that the credit card
information that you provide us is correct and is your account.
Limited to Personal and Non-Commercial Use
This premium service is for your personal and non-commercial use only. You may
not modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
software, products obtained from this premium service without our prior written
consent. You may inquire about obtaining written permission from us to display
or reproduce material from this site by writing:
B.
Wynne
Legal Department
Wynne Broadcasting Communications, Inc.
P.O. Box 938
Klamath Falls, OR 97601
By
Facsimile: (541) 850-2882
By Email:
IPPermission@klamathradio.com
Cancellation
You may cancel your membership in this premium service at any time by contacting
us using the contact information provided on this premium service. In the event
that you have paid a fee to register on this site, we will return the unused
portion of your membership fee on a 52-week pro-rated basis within ninety (90)
days of your cancellation of your membership.
e reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.
Modification of these Terms of Use
Wynne Broadcasting may from time to time change the terms and conditions
governing this premium service. It is important that you regularly review these
terms and conditions to stay informed with regard to any changes in the terms
and conditions governing your use of this premium service. Your continued use of
this premium service constitutes your agreement to all such terms and
conditions.
Submissions
Unless otherwise stated, we will not review or consider any unsolicited
submissions to this premium service. All submissions to this premium service
become our property. No submission will be subject to any reimbursement or other
payment by us.
Service Contact
You may email your requests for customer service through the contact information
provided on the home page of this premium service.
Effective: April 06, 2006 4:50:56 PM PST.