TERMS OF SERVICE

Heritage Communications Inc.

TERMS OF SERVICE

UPDATED AS OF January 1, 2019

AGREEMENT BETWEEN USER & Heritage Communications Inc.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY Heritage Communications Inc.  SITE OR APPLICATION.

This site or application is owned or managed by Heritage Communications Inc. and is part of the Heritage Communications Inc. websites & platforms (“Sites”).

Heritage Communications Inc. provides this Site 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 any Heritage Communications Inc. Site. Your use of this Heritage Communications Inc. 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 Heritage Communications Inc. Site. This Agreement sets forth Heritage Communications Inc.’s policies with respect to its operation of the Heritage Communications Inc. Other policies govern Heritage Communications Inc.’s non-Internet operations.

Certain products or services offered by this and/or other Heritage Communications Inc. Sites (each a “Heritage Communications Inc.  Internet Service,” and collectively “Heritage Communications Inc. Internet Services”), and certain areas within this and/or other Heritage Communications Inc. Sites 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 Heritage Communications Inc. Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or Heritage Communications Inc. Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

By using this Heritage Communications Inc. Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this Heritage Communications Inc. Site (collectively, “Device”); and (d) you will access and use this Heritage Communications Inc. Site in accordance with this Agreement.

Some parts of this Heritage Communications Inc. Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority 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 Heritage Communications Inc. Site content.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Heritage Communications Inc. Sites and receipt of data, materials and information available at or through the Heritage Communications Inc., the possibility of our use or display of your Submissions (as defined in Section 4 below) and the possibility of the publicity and promotion from our use or display of your Submissions.

MOBILE DEVICES

If permitted or available through the applicable Heritage Communications Inc. Internet Service, to (a) upload content to this Heritage Communications Inc. Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this Heritage Communications Inc. Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which Heritage Communications Inc. makes the Heritage Communications Inc. Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the Heritage Communications Inc. Internet Service, including, but not limited to, if this Heritage Communications Inc. Site contains a mobile element, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Heritage Communications Inc. Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with Heritage Communications Inc.’s or this Heritage Communications Inc. Site’s operations or the Heritage Communications Inc. Internet Service. Any equipment or software causing interference will be immediately disconnected from the Heritage Communications Inc. Internet Service and Heritage Communications Inc. will have the right to immediately terminate this Agreement. If any upgrade in or to the Heritage Communications Inc. Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Heritage Communications Inc. Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the Heritage Communications Inc. Internet Service.

USE OF CONTENT

All information, materials, functions and other content (including Submissions, as defined below) (“Content”) contained on any Heritage Communications Inc. Site are our copyrighted property or the copyrighted property of our licencors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licencors or licensees. We may change the Heritage Communications Inc. Site or delete Content or features at any time, in any way, for any or no reason.

Except as we specifically agree in writing, no Content from any Heritage Communications Inc. Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Heritage Communications Inc. Site, except that where a Heritage Communications Inc. Site is configured to enable the download of particular Content, you may download one copy of such Content to a single Device for your personal, noncommercial use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of any Heritage Communications Inc. Site is prohibited.

Any and all rights not expressly granted herein are reserved.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Heritage Communications Inc. Site, you warrant to us that you will not use the Heritage Communications Inc. Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Heritage Communications Inc. Site in any manner which could damage, disable, overburden, or impair the Heritage Communications Inc. Site or interfere with any other party’s use and enjoyment of the Heritage Communications Inc. Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Heritage Communications Inc. Sites.

YOU MAY NOT USE ANY Heritage Communications Inc. SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY Heritage Communications Inc. SITE MAY BE TERMINATED IMMEDIATELY IN Heritage Communications Inc.’s SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Heritage Communications Inc. has developed a Privacy Policy in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Policy, which is incorporated into this Agreement on any Heritage Communications Inc. Platform and by using this Heritage Communications Inc. Site you agree to the terms of the Privacy Policy.

ACCOUNTS, SECURITY, PASSWORDS

If a particular Heritage Communications Inc. Site or Heritage Communications Inc. 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 Heritage Communications Inc. immediately of any unauthorized use of your account. Heritage Communications Inc. 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 Heritage Communications Inc. Internet Service.

SUBMISSIONS

This Heritage Communications Inc. Site may offer certain Heritage Communications Inc. Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, ”Heritage Communications Inc. Interactive Services”). Additional Terms may cover Heritage Communications Inc. Internet Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Heritage Communications Inc. Internet Services may change from time to time in Heritage Communications Inc.‘s sole discretion. You may participate in the Heritage Communications Inc. Interactive Service by completing the registration form where one is provided.

In these Terms of Use, we use the word “Submissions” to mean text, messages, ideas, feedback, concepts, pitches, suggestions, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively “Distribute”) on or through a Heritage Communications Inc. Site using the Heritage Communications Inc. Interactive Services.

We do not claim ownership of the Submissions you provide, post, upload, input or submit to any Heritage Communications Inc. Site using the Heritage Communications Inc. Interactive Services. However, by posting, uploading, inputting, providing or submitting your Submission to a Heritage Communications Inc. Site through the Heritage Communications Inc. Interactive Services, you are granting us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensee and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on Heritage Communications Inc. Sites, Heritage Communications Inc. Interactive Services, on third-party platforms, and on our radio stations) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).

By Distributing a Submission, you represent and warrant that the Submission and your communication thereof conform to the provisions set forth below and to the other requirements of these Terms of Use, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). Any violation of these provisions can subject your Heritage Communications Inc. account to immediate termination and, possibly, further legal action. These Terms of Use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this Heritage Communications Inc. Site, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this Heritage Communications Inc. Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to Submissions. Without limitation thereof, you agree that Heritage Communications Inc., our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you. No compensation will be paid to you with respect to our use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide to us and we may remove any Submission at any time in our sole discretion.

By Distributing your Submission on a Heritage Communications Inc. Site, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to Distribute your Submission. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall not be liable to you or to any person claiming through you for our exploitation or disclosure of any Submission.

The information and opinions expressed in Submissions appearing on this Heritage Communications Inc. Site are not necessarily those of Heritage Communications Inc. or its content providers, advertisers, sponsors, affiliated or related entities, and Heritage Communications Inc. makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for Submissions. Heritage Communications Inc. does not represent or guarantee the truthfulness, accuracy, or reliability of any Submission or determine whether the Submission violates the rights of others, and Heritage Communications Inc. has no control over whether such Submissions are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any Submission submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such Submissions. You acknowledge that this Heritage Communications Inc. Site is “public,” and in addition to the license granted to Heritage Communications Inc., other users will have access to your Submissions and might copy, modify or distribute them.

If you are aware of any Submission on this Heritage Communications Inc. Site which violates these Terms, please contact us at digital@wggc.com Please provide as much detail as possible, including a copy of the underlying material, the location where Heritage Communications Inc. may find it, and the reason such Submission should be removed. Please note that filing a complaint will not guarantee its removal, Heritage Communications Inc. will only remove a Submissions if Heritage Communications Inc. believes the measure is necessary, in our sole discretion. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled “Copyright Infringement.”

CODE OF CONDUCT ON RICK DANIELS ON-AIR LLC SITES

The Heritage Communications Inc. Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). By using a Heritage Communications Inc. Site or the Communication Services, you agree that you will adhere to this Code of Conduct and use the Heritage Communications Inc. Site and Communication Services only to Distribute Submissions that are proper and related to the particular Heritage Communications Inc. Site or Communication Service. Accordingly, you agree that you will not:

 

• Distribute any Submission, provide links to, or make any post that is unlawful (according to local, state, federal, or international law or regulation) inappropriate, defamatory, infringing, obscene, indecent or advocate illegal activity.

• Distribute files, provide links to, or make posts that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

• Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, 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.

• Distribute files, provide links to, or make posts that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s device.

• Deliver any unsolicited advertising, 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).

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Heritage Communications Inc. Site or Communication Service specifically allows such messages.

• Distribute any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner or that you do not have a right to make available under law or contractual or fiduciary relationships.

• 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.

• 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.

• Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.

• Restrict or inhibit any other user from using and enjoying the Communication Services or the Heritage Communications Inc. Site.

• Attempt to gain unauthorized access to this Heritage Communications Inc. Site, any related website, other accounts, computer system, or networks connected to this Heritage Communications Inc. Site, 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 Heritage Communications Inc. Site, including harvesting or otherwise collecting information about others such as email addresses.

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service or the Heritage Communications Inc. Site.

• Violate any applicable laws or regulations.

 

You are and shall remain solely responsible for the Submissions you Distribute on or through any Heritage Communications Inc. Site using the Communication Services, and for the consequences of Distributing same. We have no obligation to monitor the Communication Services. However, we reserve the right to review Submissions Distributed using a Communication Service and to remove any and all Submissions in our sole discretion for any reason whatsoever. We reserve the right to terminate your access to any or all of the Heritage Communications Inc. Sites and Communication Services at any time without notice for any reason whatsoever.

You acknowledge that the Heritage Communications Inc. Sites and Communication Services and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to such public forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

Always use caution when giving out any personally identifying information about yourself or your children in any Heritage Communications Inc. Site or Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Heritage Communications Inc. Sites and Communication Services and any actions resulting from your participation in any Heritage Communications Inc. Site or Communication Service. Managers and hosts are not authorized Heritage Communications Inc. spokespersons, and their views do not necessarily reflect our views.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Submission, information or materials, in whole or in part, in our sole discretion.

SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE

Any software that is made available to access, use, view and/or download in connection with a Heritage Communications Inc. Site or Heritage Communications Inc. Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by Heritage Communications Inc. and/or licencors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non?commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Heritage Communications Inc. accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

THIRD PARTY LINKS, MERCHANTS, SOFTWARE AND ADVERTISEMENTS

The Heritage Communications Inc. Sites may contain links to other Websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

This Heritage Communications Inc. Site may enable you to order and receive products, information and services from businesses that are not owned or operated by Heritage Communications Inc.. 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. Heritage Communications Inc. 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.

Heritage Communications Inc. 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 Heritage Communications Inc. Internet Service.

Heritage Communications Inc. may display advertisements for the goods and services of a third party on the Heritage Communications Inc., including in connection with co-promotions, sponsorships and other similar partnership arrangements. Heritage Communications Inc. does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this Heritage Communications Inc..

EVENTS

You may be invited or asked to attend Heritage Communications Inc. sponsored events or events held by other members and users of this Heritage Communications Inc. Site which are not in any way associated with Heritage Communications Inc. at various locations throughout the United States (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold Heritage Communications Inc., its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children or wards, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by Heritage Communications Inc. in which you or your minor children or wards participate and you hereby agree that such films and recordings shall be owned by Heritage Communications Inc. and we may use your or your minor children or wards’ name, likeness, voice, performance and other activities in which you or your minor children or wards engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.

CONTESTS/SWEEPSTAKES

Any sweepstakes, contests, games and/or promotional offers accessible on this Heritage Communications Inc. Site are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on this Heritage Communications Inc. Site, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this Heritage Communications Inc. Site (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this Heritage Communications Inc. Site, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites.

INTERNATIONAL USE/U.S. EXPORT CONTROLS

Accessing materials on this Heritage Communications Inc. Site by certain persons in certain countries may not be lawful, and Heritage Communications Inc. makes no representation that materials on this Heritage Communications Inc. Site are appropriate or available for use in locations outside the United States. If you choose to access this Heritage Communications Inc. Site 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 Heritage Communications Inc. Site. No software or any other materials associated with this Heritage Communications Inc. Site 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 Heritage Communications Inc. Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

DISCLAIMER

THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE Heritage Communications Inc. WEB SITE OR ANY THIRD-PARTY WEB SITES OR SERVICES LINKED TO FROM THE Heritage Communications Inc. WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING the WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE FREE OF INACCURACIES OR TYPOGRAPHICAL ERRORS, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Heritage Communications Inc. WEB SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

Advice received via the Heritage Communications Inc. Web Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) THE USE, OR INABILITY TO USE, ANY Heritage Communications Inc. SITE OR CONTENT OR RELATED SERVICES, OR (b) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A Heritage Communications Inc. SITE OR ANY OTHER PERSON OR ENTITY, OR OTHERWISE ARISING OUT OF THE USE OF THE Heritage Communications Inc. SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CUMULUS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Heritage Communications Inc. SITE.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENCORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RE-SELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO ANY Heritage Communications Inc. SITE OR CHANGE THE Heritage Communications Inc. SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

SERVICE CONTACT : support@wggc.com

Except where otherwise provided, access to and use of this Heritage Communications Inc. Site and the Heritage Communications Inc. Internet Services offered through it are currently available without charge. Heritage Communications Inc. reserves the right to charge a fee for access to or use of this Heritage Communications Inc. Site, or any Heritage Communications Inc. Internet Service available on this Heritage Communications Inc. Site at any time in the future. Your access to or use of this Heritage Communications Inc. Site before such time does not entitle you to use of this Heritage Communications Inc. Site without charge in the future.

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your Personal Information as well as for all of your activities on the Heritage Communications Inc. Sites and any related Heritage Communications Inc. Internet Service. You hereby agree to indemnify, defend, and hold us, our licencors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective re-sellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Heritage Communications Inc. Sites and any related Heritage Communications Inc. Internet Service and/or software. You agree to cooperate with us fully in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

JURISDICTION AND VENUE

You agree that any action at law or in equity arising out of or relating to these terms of use or the Heritage Communications Inc. Sites, including any Heritage Communications Inc. Internet Service, shall be filed, and that venue properly lies, only in state or federal courts located in Bowling Green, Warren County, Kentucky, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose(s) of litigating any such action.

MODIFICATION/TERMINATION OF THESE TERMS OF USE OR THE Rick Daniels On-Air LLC SITES

At any time in our sole discretion, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). If we make a material modification to these terms of use, we will notify you of such amendment by posting notice of such modification on the Heritage Communications Inc. Sites covered by these Terms of Use.

Heritage Communications Inc. reserves the right to modify, suspend, or terminate this Heritage Communications Inc. Site and/or any portion thereof, including any Heritage Communications Inc. Internet Service, and/or your account, password, or use of any Heritage Communications Inc. Internet Service, or any portion thereof, at any time for any reason with or without notice to you. Termination of your account for a Heritage Communications Inc. Internet Service removes your authorization to use the Heritage Communications Inc. 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, Heritage Communications Inc. shall not be liable to you or any third party for any termination of your access to a Heritage Communications Inc. Internet Service.

GENERAL PROVISIONS

To the maximum extent permitted by law, this Agreement and any Additional Terms are governed by the laws of the Commonwealth of Kentucky. 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 and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this Heritage Communications Inc. Site and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in Bowling Green, Kentucky. You agree to submit to the personal jurisdiction of the courts of the Commonwealth of Kentucky 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 Heritage Communications Inc. with respect to the use of this Heritage Communications Inc. Site and shall not be modified except in writing, signed by an authorized representative of Heritage Communications Inc.

If you have any questions concerning this Agreement, you may send them by email to support@wggc.com. You must send any official correspondence via postal mail to:

Heritage Communications Inc.

1727 US 31-W Bypass

Bowling Green, KY 42101

ATTN: Terms of Use

USE OF Heritage Communications Inc. INTELLECTUAL PROPERTY

The Heritage Communications Inc. Site, 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, Heritage Communications Inc. 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 Heritage Communications Inc. or by other parties that have provided rights thereto to Heritage Communications Inc.

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 Heritage Communications Inc. Site, in whole or in part, without the express written permission of Heritage Communications Inc..

Other trademarks, service marks, product names and company names or logos appearing on this Heritage Communications Inc. Site that are not owned by Heritage Communications Inc. may not be used without express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this Heritage Communications Inc. LLC Site, or frame this Heritage Communications Inc. Site, or any web page or material herein, nor may any entity include a link to any aspect of this Heritage Communications Inc. Site in an email for commercial purposes, without the express written permission of Heritage Communications Inc. Further, unless otherwise expressly permitted, you agree not to link to Heritage Communications Inc.’s Intellectual Property so as to cause you or anyone else to access Heritage Communications Inc.’s Intellectual Property other than through this Rick Daniels On-Air LLC Site.

You may inquire about obtaining permission by writing:

Heritage Communications Inc.

1727 US 31-W Bypass

Bowling Green, KY 42101

ATTN: Terms of Use

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Heritage Communications Inc.

1727 US 31-W Bypass

Bowling Green, KY 42101

 

Heritage Communications Inc. 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 Heritage Communications Inc. Site, you are granting permission to have this material posted on this Heritage Communications Inc. Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Heritage Communications Inc. reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Heritage Communications Inc.  may have under law or contract. Our procedures for providing notice of alleged copyright infringement are set forth below.

If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification of claimed copyright infringement in accordance with the provisions of Title 17, United States Code, Section 512(c)(2) and the Digital Millennium Copyright Act, to our Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Notification must be submitted to the following Designated Agent: Service Provider: Heritage Communications Inc.

Name of Agent Designated to Receive Notification of Claimed Infringement: Darrin Evans

Full Address of Designated Agent to Which Notification Should be Sent:

1727 US 31-W Bypass Bowling Green, KY 42101

Telephone Number of Designated Agent: (208)782-9595

E-Mail Address of Designated Agent: darrin@wggc.com

 

Pursuant to 17 U.S.C. § 512(c), the notification must be a written communication that includes the following:

 

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• 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;

• 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 us to locate the material;

• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• 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; and

• A statement that the information in the notice 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.

 

We may give you notice that we have removed or disabled access to certain material by means of a general notice on any Heritage Communications Inc.  Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

 

• Your physical or electronic signature;

• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or mis-identification of the material to be removed or disabled; and

• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Heritage Communications Inc. may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

Updated: June 24th, 2019