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WTTS
Terms and Conditions of Use and Privacy Policy
WEB
SITE AGREEMENT
Terms
and conditions under which this service is provided.
YOU
MUST READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEB SITE. If you do not agree to these terms
and conditions of use, you may not access or otherwise use
this Web Site.
(1)
WWW.WTTSFM.com (the "Web Site") is the official
website for radio station WTTS-FM, which is owned and operated
by Sarkes Tarzian, Inc. (“Parent Company”). The Web Site and
any text, images, photographs, graphics, video, audio, user
interface, and other such content on the Web Site, including
the selection, coordination and arrangement of such content
(collectively, “Content”) are protected by U.S. copyright
laws, international conventions, and other copyright laws.
Under
applicable copyright laws, you are prohibited from copying,
reproducing, modifying, distributing, displaying, performing
or transmitting any of the contents of this Web Site for any
purpose unless authorized in this Agreement. The
Contents of the Web Site are only for your personal, non-commercial
use. All materials contained on the Web Site are owned
or controlled by WTTSFM.com or the party credited as the owner
or provider of the Content. You must abide by any and
all additional copyright notices, information, or restrictions
contained in any Content on the Web Site. You are authorized
to download and make one copy of the Content and other downloadable
items displayed on this Web Site solely for personal,
noncommercial use only, provided that you maintain all copyright
and any other proprietary notices and legends contained in
such Content unmodified and unobscured in any way.
Copying or storing of any Content for other than personal,
noncommercial use is expressly prohibited without the prior
written permission from WTTSFM.com or the copyright holder
identified in the individual Content's copyright notice.
Framing any Content of this Web Site is specifically prohibited.
(2)
All
rights in the product names, company names, trade names, logos,
product packaging and designs of all WTTSFM.com or third-party
products or services, whether or not appearing in large print
or with the trademark symbol, belong exclusively to WTTS-FM
or their respective owners, and are protected from reproduction,
imitation, dilution or confusing or misleading uses under
national and international trademark and copyright laws. The
use or misuse of these trademarks or any materials, except
as permitted herein, is expressly prohibited and nothing stated
or implied on the Web Site confers on you any license or right
under any patent or trademark of WTTS-FM or any third party.
(3)
WTTSFM.com may monitor your use of this Web Site, and may
freely use and disclose any information and materials received
from you or collected through your use of the Web Site for
any lawful reason or purpose.
(4)
WTTSFM.com reserves the right, at its sole discretion, to
change, modify, add or remove any portion of this Agreement,
in whole or in part, at any time. Notification of changes
in the Agreement will be posted on the Web Site and will be
binding upon you immediately upon posting.
(5)
WTTSFM.com may change, suspend or discontinue any aspect of
the Web Site at any time, including the availability of any
Web Site feature, database, or Content. WTTSFM.com may also
impose limits on certain features and services or restrict
your access to parts or all of the Web Site without notice
or liability.
(6)
You may not: a) use any engine, tool, robot, spider or other
automatic or manual device, mechanism, software, or process
for the purpose of compiling information contained on the
Web Site, including email addresses, for purposes other than
use in a generally available search engine or search agents;
b) use any mechanism, device, software or process that interferes
with the proper functioning of the Web Site or the transactions
conducted on the site; c) take any action that could impose
an unreasonable or disproportionately larger load on the Web
Site's infrastructure, servers or systems; d) engage in any
conduct that will interfere, restrict or inhibit any
other party's use or enjoyment of the site, or which, in the
sole judgment of WTTSFM.com exposes it, WTTS-FM, or WTTS-FM's
parent company, or any customers or suppliers from any liability
or detriment of any type; e) use any incomplete, false
or inaccurate biographical information or other personal information
for purposes of registering as a user of the Web Site, or
for purposes of registering for any promotions, contests,
surveys or similar activities offered through the Web Site;
and f) delete or revise any material or other personal information
of any other user .
(7)
The Web Site has a communication facility and users are prohibited
from using it or posting material unless it is proper and
related to the particular facilities in question. You
will be subject to liability if you:
- Publish,
post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene material or information,
false or misleading statement of fact, indecent or unlawful
topic.
- Defame,
abuse, harass, embarrass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy
and publicity) of others.
- Impersonate
another person.
- Upload
files that contain software or other material protected
by intellectual property laws (or by rights of privacy or
publicity) unless you own or control the rights thereto
or have received all necessary consents.
- Upload
files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation
of another's computer.
- Advertise,
promote, or offer to sell or buy any goods or services for
any business purpose unless the Web Site service specifically
allows such messages.
- Conduct,
post or forward surveys, contests, pyramid schemes or chain
letters.
- Download
any file posted by another user that you know, or reasonably
should know, cannot be legally distributed in such
manner.
- Falsify
or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin
or source of software or other material contained in a file
that is uploaded.
- Violate
any code of conduct or other guidelines which are applicable.
- Harvest
or otherwise collect information about others, including
e-mail addresses, without their consent.
- Violate
any applicable laws or regulations.
(8)
The Web Site contains links and pointers to other related
World Wide Web Internet sites, resources, and sponsors of
the Web Site. Links to and from the Web Site to other
third party sites, maintained by third parties are provided
solely as a convenience to users and at user's sole risk and
do not constitute an endorsement by WTTSFM.com, WTTS-FM, and
its Parent Company of any third party resources, their business
practices (including the privacy policy and data collection
practices) or their contents. Even if an affiliation exists
between WTTS-FM or WTTSFM.com and a linked third party website,
or the linked site contains logos or corporate identification
for WTTSFM.com or WTTS-FM, this Web Site exercises no control
over the linked third party website. Therefore, WTTSFM.com
disclaims any and all responsibility or liability for the
business practices of or content contained in any third party
materials provided through links from the Internet site.
(9)
WTTSFM.com does not represent or endorse the accuracy or reliability
of any advice, opinion, statement, or other information displayed
or distributed through the Web Site. Any
such opinion, advice, statement, memorandum or information
shall be relied on at your sole risk. WTTSFM.com reserves
the right, in its sole discretion, to correct any errors or
omissions in any portion of the Web Site at any time.
(10)
WTTSFM.com does not have any obligation or duty to monitor
communication facilities through which users post information,
use bulletin boards, forums, calendars, message facilities
and the like (hereinafter referred to as "Posted Materials”
) and does not review all Posted Materials posted to the Web
Site by users, and WTTSFM.com is not responsible for any such
materials posted by users. However, WTTSFM.com reserves
the right at all times to disclose any Posted Materials or
personal information as necessary to satisfy any law, regulation
or government request, or to edit, refuse to post or to remove
any information or Posted Materials, in whole or in part,
that in WTTSFM.com's sole discretion are objectionable or
in violation of this Agreement. WTTSFM.com also reserves
the right to terminate access by any user for any reason whatsoever.
(11)
DISCLAIMER OF WARRANTIES : THE WEB SITE, INCLUDING
ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION
MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED
"AS IS." TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, WTTSFM.COM AND ITS PARENT COMPANY MAKE NO REPRESENTATION
OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE
WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE
ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE
WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS
TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED
WITH THE TRANSMISSION OF SENSITIVE PERSONAL DATA THROUGH
THE WEB SITE OR ANY LINKED SITE. FURTHER, WTTSFM.COM
AND ITS PARENT COMPANY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. WTTSFM.COM DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR
ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED
OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
TRANSMISSION OR DELIVERY OF THE WEB SITE OR THE SERVER THAT
MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WTTSFM.COM AND ITS PARENT COMPANY SHALL NOT BE LIABLE FOR
THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE
CONTENT AND ANY ERRORS CONTAINED THEREIN.
IF
A USER IS DISSATISFIED WITH THE WEB SITE OR ANY PROVISIONS
OF THIS AGREEMENT, ITS SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE WEB SITE. IN NO EVENT SHALL WTTSFM.COM, ITS
PARENT COMPANY AND/OR ITS SUPPLIERS BE LIABLE TO ANY USER
OR THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE WEB SITE, THE DELAY OR
INABILITY TO USE THE WEB SITE, THE PROVISIONS OF OR FAILURE
TO PROVIDE SERVICES, CHANGES MADE TO THE CONTENT OR SERVICES
OF THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE
OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF WTTSFM.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. THE EXCLUSION OR LIMITATION
OF LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(12)
I ndemnification - Upon
a request by WTTS-FM, you agree to defend, indemnify and hold
harmless the Web Site, WTTS-FM, and its Parent Company, subsidiaries,
affiliates, officers, board of directors, agents, co-branders,
suppliers or other partners and employees from all liabilities,
claims and expenses, including reasonable attorneys' fees,
made by any third party due to or arising out of content you
submit, post to or transmit through the Web Site your use
of the Web Site, your violation of this Agreement or your
violation of any rights of another.
(13)
By posting messages, uploading files, inputting data or engaging
in any other form of communication (individually or collectively
"Communications") to the Web Site, you are hereby
granting WTTSFM.com a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, copy, license,
sublicense, adapt, distribute, display, publicly perform,
reproduce, transmit, modify, edit and otherwise exploit such
Communications, in all media now known or hereafter developed.
You hereby waive all rights to any claim against WTTSFM.com
for any alleged or actual infringements of any proprietary
rights, rights of privacy and publicity, moral rights, and
rights of attribution in connection with such Communications.
(14)
Transmissions to and from this Web Site are not confidential
and your Communications may be read or intercepted by others.
By submitting Communications to WTTSFM.com, no confidential,
fiduciary, contractually implied or other relationship is
created between you and WTTSFM.com other than pursuant to
this Agreement.
(15)
In addition, WTTSFM.com may allow you to purchase many different
types of products and services online that are provided by
third parties. WTTSFM.com is not responsible for the
quality, accuracy, timeliness, reliability, delivery or any
other aspect of these products and services. If you
make a purchase from a merchant hosted by WTTSFM.com or linked
to by WTTSFM.com, the information obtained during your visit
to that merchant's online store, and the information that
you give, such as your credit card number and contact information,
is collected by the merchant and not by WTTSFM.com.
These merchants may have separate privacy and data collection
practices. WTTSFM.com has no responsibility or liability
for these independent policies. For more information
regarding the merchant, its online store, and its privacy
policies, return to that store's home page and click on its
information links or contact the merchant Web Site directly.
You agree to release WTTSFM.com and its affiliates from any
damages that you incur, and further agree not to assert any
claims against them arising from your purchase or use of any
products or services made available by third parties through
WTTSFM.com.
(16)
This Agreement shall be governed by and construed in accordance
with the laws of the State of Indiana, without regard to conflicts
of laws provisions. Sole and exclusive jurisdiction
for any action or proceeding arising out of or related to
this Agreement shall be an appropriate state or Federal court
located in the State of Indiana.
(17)
This Agreement constitutes the entire Agreement between WTTSFM.com
and you with respect to your use of the open features of the
Web Site, superceding
any prior or contemporaneous communications and proposals
(whether oral, written or electronic) between you and the
Web Site .
If any portion of this Agreement is held invalid or unenforceable,
that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original
intention of the parties, and the remaining portions shall
remain in full force and effect.
If you use special features of the Web Site requiring membership
additional provisions will be added to this Agreement.
Before you can access certain features of the site, you will
be required to supply certain information and you will be
supplied an access code. WTTSFM.com's policy regarding
its privacy practices follows this Agreement and should be
read by you. The Privacy Policy is incorporated by reference
into this Agreement. Any cause of action you may have with
respect to your use of the Web Site must be commenced within
one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds
any provision of the Agreement, or portion thereof, to be
unenforceable, that provision shall be enforced to the maximum
extent permissible so as to affect the intent of the Agreement,
and the remainder of this Agreement shall continue in full
force and effect.
D260
This
Agreement was last updated on June 7, 2004.
ADDENDUM
TO WTTSFM.COM WEB SITE USER AGREEMENT AND PRIVACY POLICY
STATEMENT
Containing
Additional Terms for Sites Involving Online Commerce, Links
to Third Party Entities, Contests and Games and Postings (“the
Addendum”)
Before
you may access WTTSFM.com sites involving online commerce,
links to third parties, postings, contests and games (“Member
Sites”) you must acknowledge that you have read this Addendum
with the WTTSFM.com Privacy Policy and the Web Site User Agreement
and accept their terms by clicking “I Accept” at the end of
this Addendum. If you do not agree to data collection
policies and the use of the data outlined in the Privacy Policy
or the Web Site User Agreement you may not access Member Sites.
The term “the Site” is used to refer to all WTTSFM.com
Web Sites – those requiring membership and those not requiring
membership.
You
must be at least 18 years of age to click “I accept” or to
use Member Sites. WTTSFM.com relies on users to be
truthful in giving age information or participating in sites
that are age-related.
WTTSFM.com's
Privacy Policy
Your
privacy related to your Internet use and this Site is important
to us. As part of the operation of the Site, we gather
certain types of information about users and we would like
to tell you the types of information we gather, what we do
with it and how you can correct or change the information
about you.
Information
Collected By WTTSFM.com
WTTSFM.com
collects two types of information from users; personally identifiable
information (“Personal Data”) (such as first and last names,
street address, birth date and/or e-mail addresses); and non-personal
information such as aggregate data (such as how many users
log onto WAJI.com on a daily basis).
Personal
Data
WTTSFM.com
explicitly asks when it needs Personal Data that presumably
identifies or can be used to contact you. We will ask
for Personal Data if you register for our newsletter or other
membership services, or when you answer surveys, enter contests
or other such interactive features; or if you want to engage
in a commercial transaction online (that is purchase something
from a Member Site). You may not participate in any
such activities that require the submission of Personal Data
unless you are 18 years or older.
Aggregate
Information
Aggregate
information, such as which pages users access or visit and
information volunteered by users, survey information and/or
site reservations is collected through various methods. For
example, WTTSFM.com collects IP addresses. An IP address
is a number that is automatically assigned to your computer
whenever you are surfing the web. Web servers, the
computers that “serve up” web pages, automatically identify
your computer by its IP address. When you request a
page from our Site our server automatically logs your address.
We do not link IP addresses to any personal data. We
collect IP addresses so that we can provide aggregate data
to advertisers about volume of use. Aggregate data
does not contain Personal Data about an individual user.
Use
of Cookies
WTTSFM.com
also uses “cookies” to collect information. A cookie
is a small data file that most major Web Sites write to your
hard drive for record keeping purposes when you visit them.
Cookies allow WTTSFM.com to measure activity on the
Site to improve your user experience, for example, by remembering
your passwords and viewing preferences, thus allowing you
to visit various Member Sites without re-registering.
Cookies are used by WTTSFM.com to measure activity on the
Site and make improvements and updates based on which areas
are popular and which are not. WTTSFM.com does not
use cookies to retrieve information from your computer that
was not originally sent in a cookie. Except for personal information
voluntarily provided by you (i.e., during membership registration
or a contest) WTTSFM.com does not use information transferred
through cookies for any promotional or marketing purposes.
You
may occasionally get cookies from our advertisers, which is
standard in the Internet industry. WTTSFM.com does
not control these cookies, and these cookies are not subject
to WTTSFM.com's privacy policy.
Most
browsers are initially set to accept cookies. If you'd
prefer, you can set yours to refuse cookies or to alert you
when cookies are being sent. However, some parts of
the Site, such as the member-only areas and shopping, contest
and game areas, probably will not function properly if you
do so.
Use
of Information Collected by WTTSFM.com
WTTSFM.com
uses both Personal Data and aggregated information we collect
for multiple purposes. Both personal and non-personal
information are used to improve the content of the Site, to
customize the content and/or layout of the Site for each individual
user and to notify users about updates to the Site, promotional
offers or opportunities that we believe will be of interest
to you.
WTTSFM.com
shares aggregate information with third parties for both advertising
and promotional purposes.
WTTSFM.com
may also share Personal Data with affiliated third parties,
such as advertisers, for marketing or promotional purposes.
WTTSFM.com will disclose to users when their Personal
Data will be shared and will provide users with an opportunity
to decline sharing Personal Data at the time of your registration
for the particular activity or feature, or alternatively,
via the following procedures. If you object to the
use of your Personal Data for advertising or promotional purposes,
you may stop that use by modifying your registration information
online. Please change or delete your registration information
by returning to: http://www.wttsfm.com, unchecking the relevant
boxes or deleting the relevant data and then clicking “submit.”
We reserve the right to contact you at any time for
administrative or informational purposes regarding your membership
or the activity you have registered for.
Also,
if you have registered as a member through our online registration
system and have subscribed to one or more of our e-mail newsletters
and do not want to receive such e-mail newsletter(s) from
us in the future, please discontinue your subscriptions by
returning to: http://www.wttsfm.com, unchecking the relevant
box or boxes, and then clicking “submit”.
In
the event WTTSFM.com plans to post any Personal Data on the
Web Site, WTTSFM.com will either notify you of this possibility
at the time of registration, when you provide Personal Data
and/or, if possible, when such information is posted.
Children
and Privacy
WTTSFM.com
encourages parents and guardians to spend time with their
children online, and to be fully familiar with the sites visited
by their children. At various Member Sites, WTTSFM.com
will ask whether users are under the age of 18 as part of
the registration process. WTTSFM.com requires users
to be truthful and accurate in responding to these questions.
No Personal Data should be submitted to or posted on
the Site by users under the age of 18 years.
We
do not knowingly or intentionally collect Personal Data from
persons under the age of 18 and will automatically reject
and delete the registration or entry of any person we believe
in good faith to be underage. Any false or fraudulent
registration or entry from a minor will be deemed to be ineligible
and will disqualify the minor from the receipt of any prize,
benefit or other participation.
Message
Boards and Chat
Please
remember that information posted to message boards and chat
areas becomes public information. Use caution when
posting. Users under the age of 18 should not use chat
rooms or message boards. As set forth in WTTSFM.com's
Terms and Conditions of use, users of chat rooms and message
boards must follow acceptable standards of behavior when posting
messages online.
Links
to Other Sites
It
is important to note that for your convenience, WTTSFM.com
contains links to third party web sites and that those web
sites may not have the same business practices or privacy
policies as WTTSFM.com. WTTSFM.com has no responsibility
or liability for your access to and use of any third party
web site. For instance, if you click on an advertisement
on WTTSFM.com, this may take you away from WTTSFM.com and
to an entirely different web site owned or controlled by a
third party. The Site can include links from advertisers,
content providers and partners who may use WTTSFM.com's logo
and/or style as a result of a co-branding agreement.
These web sites may send their own cookies to you, or may
collect Personal Data and make uses of such data that WTTSFM.com
would not. Therefore, you should consult that web site's
privacy policy before you submit any Personal Data.
See our Web Site Use Agreement for more information about
linked third party websites.
You
must click “I accept' to signify your agreement to the Web
Site User Agreement, any Addendum, and our Privacy
Policy.
WTTSFM.com
reserves the right to change its Privacy Policy, its Web Site
User Agreement and Addendum at any time. Such changes
will be effective to you immediately upon posting.
You can send e-mail to us with any questions or comments www.WTTSFM.com
,
or contact us at :
WTTS
120
West 7th Street
Bloomington,
IN 47404
I
ACCEPT
This
Privacy Policy was last updated on June 7, 2004.
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