WEB SITE AND MOBILE APP 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 OR THE WTTS MOBILE APP. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Web Site.
(1) Copyright Information Regarding Content. © Copyright 2001-2019 WWW.WTTSFM.COM.
All rights reserved to the respective copyright holders. WWW.WTTSFM.com and its associated mobile applications (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 a third party 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) Copyright and Trademark Information Concerning Advertising and Promotional Material. 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. For clarity—most client advertising and promotional material including logos and trademarks are owned by third party clients.
(3) Reporting Copyright Infringement. If you are a copyright owner or an agent thereof and believe any content or other information appearing on the Web site infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest 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 the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please address notifications to the following address: WTTS-FM.COM, ATTN: Brad Holtz, Vice President/General Manager, 120 W. 7th St. Suite 400, Bloomington, Indiana 47404 Telephone number: 812-332-3366 ext. 111; email address: firstname.lastname@example.org with a copy to Valerie Carney, General Counsel at email@example.com.
If you consider any material appearing on the Web site to be objectionable and would like to report it, please send an e-mail to Brad Holtz at firstname.lastname@example.org a copy to Valerie Carney, General Counsel at email@example.com.
(4)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.
(5) 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.
(6) 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.
(7) 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 .
(8) 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.
(10) 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.
(11) 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.
(12) 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.
(13) Indemnification – 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.
(14) 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.
(15) 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.
(16) 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.
(17) 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.
This Agreement was last updated on April 26, 2019.
Containing Additional Terms for Sites Involving Online Commerce, Links to Third Party Entities, Contests and Games and Postings (“the Addendum”)
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.
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 WTTS.com on a daily basis).
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.
WTTS Mobile App
The WTTS Mobile App uses location data in the background when the app is closed. This information is used to provide functionality that allows us to send users information based on their geographic location. If you create an account on the WTTS Mobile App, it also allows other logged in users to contact you based on your geographic location. Your location is also used to provide support data for advertising.
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 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: https://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: https://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
120 West 7th Street
Bloomington, IN 47404