TERMS OF USE AGREEMENT
This site is owned and managed by the Wolf Creek Broadcasting
Network Group (“Wolf Creek Broadcasting”) and
is part of the Wolf Creek Broadcasting family of companies.,
including broadcast and Internet radio stations, Wolf Creek
Broadcasting Outdoor, Wolf Creek Broadcasting Entertainment,
“Wolf Creek Broadcasting Website,” and collectively
the “Wolf Creek Broadcasting Websites”).
Wolf Creek Broadcasting provides this Wolf Creek Broadcasting
Website and related services for your personal non-commercial
use only and subject to your compliance with this Terms
of Use Agreement (the “Agreement”). Please read
this Agreement carefully before using this Wolf Creek Broadcasting
Website. Your use of this Wolf Creek Broadcasting Website
constitutes your acceptance to be bound by this Agreement
without limitation, qualification or change. If at any time
you do not accept all the terms and conditions of this Agreement,
you must immediately discontinue use of this Wolf Creek
Broadcasting Website. This Agreement sets forth Wolf Creek
Broadcasting’s policies with respect to its operation
of the Wolf Creek Broadcasting Websites
Certain products or services offered by this
and other Wolf Creek Broadcasting Websites (each a “Wolf
Creek Broadcasting Internet Service,” and collectively
“Wolf Creek Broadcasting Internet Services”),
and certain areas within this and/or other Wolf Creek Broadcasting
Websites may be governed by additional terms (“Additional
Terms”) presented in conjunction with those products
or services.
YOU ARE PROHIBITED to USE ANY Wolf Creek Broadcasting
WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL BY THIS AGREEMENT
AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THE
Wolf Creek Broadcasting WEBSITE MAY BE TERMINATED AND IS SOLEY
BASED UPON Wolf Creek Broadcasting’S DISCRETION, WITH
OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS
OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER
REASON, OR NO REASON.
Changes to this Agreement
This Agreement is effective as of December 1,
2004. Wolf Creek Broadcasting reserves the right, in its sole
discretion, to modify, alter, or otherwise change this Agreement
and/or the Additional Terms at any time. Wolf Creek Broadcasting
will provide notice of such change on this Wolf Creek Broadcasting
Website. Please review this Agreement and/or Additional Terms
periodically for changes. Your continued use of the Wolf Creek
Broadcasting Website and/or Wolf Creek Broadcasting Internet
Service constitutes your acceptance and agreement to be bound
by these changes without limitation, qualification or change.
If at any time you do not accept these changes, you must immediately
discontinue use of this Wolf Creek Broadcasting Website and/or
the Wolf Creek Broadcasting Internet Service to which the
changes may apply.
Privacy and Protection of Personal Information
Wolf Creek Broadcasting has developed a Privacy
Statement in order to inform you of its practices with respect
to the collection, use, and disclosure of personal information..
Accounts, Security, Passwords
If a particular Wolf Creek Broadcasting Website
or Wolf Creek Broadcasting Internet Service requires you to
open an account, you must complete the specified registration
process by providing us with current, complete, and accurate
information as requested by the applicable online registration
form. It is your responsibility to maintain the currency,
completeness, and accuracy of your registration data and any
loss caused by your failure to do so is your responsibility.
After you have fully completed the registration form, you
may be asked to choose a password and a user name. It is entirely
your responsibility to maintain the confidentiality of your
password and account. Additionally, you are entirely responsible
for any and all activities that occur under your account.
You agree to notify Wolf Creek Broadcasting immediately of
any unauthorized use of your account. Wolf Creek Broadcasting
is not liable for any loss that you may incur as a result
of someone else using your password or account, either with
or without your knowledge. You may cancel your account by
delivering notice in the manner provided in the Additional
Terms governing the particular Wolf Creek Broadcasting Internet
Service.
Fees.
Except where otherwise provided, access to
and use of this Wolf Creek Broadcasting Website and the Wolf
Creek Broadcasting Internet Services offered through this
site are currently available without charge. Wolf Creek Broadcasting
reserves the right to charge a fee for access to or use of
this Wolf Creek Broadcasting Website, or any Wolf Creek Broadcasting
Internet Service available on this Wolf Creek Broadcasting
Website at any time in the future. Your access to or use of
this Wolf Creek Broadcasting Website before such time does
not entitle you to use of this Wolf Creek Broadcasting Website
without charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR
INFORMATION OBTAINED FROM OR THROUGH THIS Wolf Creek Broadcasting
WEBSITE AND/OR Wolf Creek Broadcasting INTERACTIVE SERVICE
IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS,
SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED
WITHIN OR AVAILABLE THROUGH THIS Wolf Creek Broadcasting WEBSITE
OR Wolf Creek Broadcasting INTERACTIVE SERVICE ARE PROVIDED
TO YOU ON AN “AS IS,”” BASIS. Wolf Creek
Broadcasting MAKES NO REPRESENTATIONS AND/OR WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED
ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, Wolf Creek Broadcasting DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT
OF THE RIGHTS OF THIRD PARTIES. Wolf Creek Broadcasting DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS Wolf Creek
Broadcasting WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR
ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS.
Wolf Creek Broadcasting DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED
WITHIN THIS Wolf Creek Broadcasting WEBSITE FOR ANY PURPOSE,
INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT
AND RELATED GRAPHICS CONTENT.WOLF CREEK BROADCASTING AND IT’S
RADIO STATIONS ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED
BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS,
FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION
OR RECEIPT OF TICKET ORDERS OR WOLF CREEK BROADCASTING ON
LINE ITERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL
DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links
This Wolf Creek Broadcasting Website DOES contain
links to websites operated by third parties. Wolf Creek Broadcasting
does not monitor or control the linked sites and makes no
representations regarding, and is not liable or responsible
for the accuracy, completeness, timeliness, reliability or
availability of, any of the content uploaded, displayed, or
distributed, or products, or services available at these sites.
If you choose to access any third party site, you do so at
your own risk. The presence of a link to a third-party site
does not constitute or imply Wolf Creek Broadcasting's endorsement,
sponsorship, or recommendation of the third party or of the
content, products, or services contained on, or available
through, the site.
Software Available Through Wolf Creek
Broadcasting Website
Any software that is made available to view
and/ or download in connection with a Wolf Creek Broadcasting
Internet Service (“Software”) is owned or controlled
by Wolf Creek Broadcasting and/or licensors, affiliates and
suppliers and is protected by copyright laws and international
treaty provisions.
Third-Party Merchants
This Wolf Creek Broadcasting Website may enable
you to order and receive products, information and services
from businesses that are not owned or operated by Wolf Creek
Broadcasting. The purchase, payment, warranty, guarantee,
delivery, maintenance, and all other matters concerning the
merchandise, services or information, opinion or advice ordered
or received from such businesses are solely between you and
such businesses. Wolf Creek Broadcasting does not endorse,
warrant, or guarantee such products, information, or services,
and is not liable for the accuracy, completeness, or usefulness
of such information or the quality of availability of such
products or services. Wolf Creek Broadcasting will not be
a party to or in any way responsible for monitoring any transaction
between you and third-party providers of such products, services,
or information, or for ensuring the confidentiality of your
credit card information. Any separate charges or obligations
you incur in your dealings with these third parties are your
responsibility and are not part of the fee, if any, charged
for the Wolf Creek Broadcasting Internet Service.
Modification/Termination by Wolf Creek
Broadcasting
Wolf Creek Broadcasting reserves the right,
in its sole discretion, to modify, suspend, or terminate this
Wolf Creek Broadcasting Website and/or any portion thereof,
including any Wolf Creek Broadcasting Internet Service, and/or
your account, password, or use of any Wolf Creek Broadcasting
Internet Service, or any portion thereof, at any time for
any reason with or without notice to you.
Termination of your account for a Wolf Creek
Broadcasting Internet Service removes your authorization to
use the Wolf Creek Broadcasting Internet Service. In the event
of termination, you will still be bound by your obligations
under this Agreement and any Additional Terms, including the
warranties made by you, and by the disclaimers and limitations
of liability. Additionally, Wolf Creek Broadcasting shall
not be liable to you or any third-party for any termination
of your access to a Wolf Creek Broadcasting Internet Service.
Interactive Services
This Wolf Creek Broadcasting Website may offer
certain Wolf Creek Broadcasting Internet Services having interactive
components such as bulletin boards, chat rooms and forums
(collectively “Wolf Creek Broadcasting Interactive Services”).
A copy of the Interactive Service Additional Terms can be
found here.
Subscription Services
This Wolf Creek Broadcasting Website may offer
certain Wolf Creek Broadcasting Subscription Services such
as newsletters (collectively “Wolf Creek Broadcasting
Subscription Services”). By registering for a Wolf Creek
Broadcasting Subscription Service, you will be subject to
any charges and rules set forth in the description of that
service.
Premium Services
Some Wolf Creek Broadcasting Internet Services
on this Wolf Creek Broadcasting Website, including certain
Wolf Creek Broadcasting Interactive and Subscription Services,
may be offered to you conditioned on your payment of a fee
(“Wolf Creek Broadcasting Premium Service”). By
using the Wolf Creek Broadcasting Premium Service, you will
be subject to any charges and rules set forth in the Additional
Terms for that service. A copy of the Premium Service Additional
Terms can be found here.
Contests/Sweepstakes
For Additional Terms applying to all contests
or sweepstakes conducted by this Wolf Creek Broadcasting Website,
refer to this site's contest or sweepstakes information.
Limitations on Liability
In no event shall Wolf Creek Broadcasting, its
subsidiaries, affiliates, distributors, suppliers, licensors,
agents or others involved in creating, sponsoring, promoting,
or otherwise making available the Wolf Creek Broadcasting
Website and its contents, be liable to any person or entity
whatsoever for any direct, indirect, incidental, special,
compensatory, consequential, or punitive damages or any damages
whatsoever, including but not limited to: (i) loss of goodwill,
profits, business interruption, data or other intangible losses;
(ii) your inability to use, unauthorized use of, performance
or non-performance of the Wolf Creek Broadcasting Website;
(iii) unauthorized access to or tampering with your personal
information or transmissions; (iv) the provision or failure
to provide any service; (v) errors or inaccuracies contained
on the Wolf Creek Broadcasting Website or any information,
software, products, services, and related graphics obtained
through the Wolf Creek Broadcasting Website; (vi) any transactions
entered into through this Wolf Creek Broadcasting Website;
(vii) any property damage including damage to your computer
or computer system caused by viruses or other harmful components,
during or on account of access to or use of this Wolf Creek
Broadcasting Website or any site to which it provides hyperlinks;
or (viii) damages otherwise arising out of the use of the
Wolf Creek Broadcasting Website and Wolf Creek Broadcasting
Internet Services. The limitations of liability shall apply
regardless of the form of action, whether based on contract,
tort, negligence, strict liability or otherwise, even if Wolf
Creek Broadcasting has been advised of the possibility of
damages.
Indemnification
You agree to indemnify, defend, and hold harmless
Wolf Creek Broadcasting, its subsidiaries, agents, distributors
and affiliates, and their officers, directors and employees
from and against any and all claims, actions, demands, liabilities,
costs and expenses, including, without limitation, reasonable
attorneys’ fees, resulting from your breach of any provision
of this Agreement, the Additional Terms, or any warranty you
provide herein, or otherwise arising in any way out of your
use of this Wolf Creek Broadcasting Website and any related
Wolf Creek Broadcasting Internet Service and/or software.
Wolf Creek Broadcasting reserves the right to take exclusive
control and defense of any such claim otherwise subject to
indemnification by you, in which event you will cooperate
fully with Wolf Creek Broadcasting in asserting any available
defenses.
International Use/U.S. Export Controls
Accessing materials on this Wolf Creek Broadcasting
Website by certain persons in certain countries may not be
lawful, and Wolf Creek Broadcasting makes no representation
that materials on this Wolf Creek Broadcasting Website are
appropriate or available for use in locations outside the
United States. If you choose to access this Wolf Creek Broadcasting
Website from outside the United States, you do so at your
own risk and initiative, and are responsible for compliance
with any applicable local laws.
The United States controls the export of any
software downloadable from this Wolf Creek Broadcasting Website.
No software or any other materials associated with this Wolf
Creek Broadcasting Website may be downloaded or otherwise
exported or re-exported to countries or persons prohibited
under export control laws, including but not limited to countries
against which the United States has embargoed goods, or to
anyone on the U.S. Treasury Department list of Specially Designated
Nationals and Blocked Persons or the U.S. Commerce Department’s
Table of Deny Orders. You are responsible for compliance with
the laws of your local jurisdiction regarding the import,
export, or re-export of any such materials. By using and/or
downloading any such materials from a Wolf Creek Broadcasting
Website, you represent and warrant that you are no located
in, under the control of, or a national or resident of any
such country to which such import, export, or re-export is
prohibited or are not a person or entity to which such export
is prohibited.
PREMIUM SERVICE ADDITIONAL TERMS
You may register for a Wolf Creek Broadcasting
Premium Service by reading and agreeing to the Terms of Use
Agreement and these Premium Service Additional Terms, and
by completing the registration form. If you do not agree to
abide by the Terms of Use Agreement and these Premium Service
Additional Terms, you may not register for the Wolf Creek
Broadcasting Premium Service.
Member Account and Password
You are responsible for any membership name
and password that is associated with your account during registration.
If this premium service does not recognize your device from
a previous sign-in, you will be asked for information that
will help us to identify your registration. It is your responsibility
to maintain the confidentiality of your password, if one is
established. You are entirely responsible for any and all
activities that occur under your account, and agree to notify
us immediately of any unauthorized use of your account.
Charges for Premium Service
Wolf Creek Broadcasting will provide notice
of any charges, or extra charges, before you register for
or enter a premium area. You are responsible for any charges
for premium content incurred by your account. We are not liable
for any loss that you may incur as a result of someone else
using your password or account, whether with or without your
knowledge.
In the event that you pay for a premium service by credit
card, you authorize us to charge your credit card account
by registering for the service and providing us with your
credit card information. You warrant to us that the credit
card information that you provide us is correct and is your
account.
Limited to Personal and Non-Commercial
Use
This premium service is for your personal and
non-commercial use only. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information,
software, products obtained from this premium service without
our prior written consent. You may inquire about obtaining
written permission from us to display or reproduce material
from this site by writing:
Holland + Knight
10 St. James Avenue.11th Floor
Boston. Ma 02116
Charles.Naftalin@hklaw.com
www.hklaw.com
Telephone: 617-854-1475
Facsimile: 617-523-6850
Cancellation
You may cancel your membership in this premium
service at any time by contacting us using the contact information
provided on this premium service. In the event that you have
paid a fee to register on this site, we will return the unused
portion of your membership fee on a 52-week pro-rated basis
within ninety (90) days of your cancellation of your membership.
e reserve the right to terminate your access to this premium
service or any portion thereof at any time, without notice.
Upon such termination, we shall return the unused pro-rata
portion of your membership fee on a 52-week pro-rated basis
to you within ninety (90) days of the termination of your
access to this service.
Modification of these Terms of Use
Wolf Creek Broadcasting may from time to time
change the terms and conditions governing this premium service.
It is important that you regularly review these terms and
conditions to stay informed with regard to any changes in
the terms and conditions governing your use of this premium
service. Your continued use of this premium service constitutes
your agreement to all such terms and conditions.
Submissions
Unless otherwise stated, we will not review
or consider any unsolicited submissions to this premium service.
All submissions to this premium service become our property.
No submission will be subject to any reimbursement or other
payment by us.
Service Contact
You may email your requests for customer service
through the contact information provided on the home page
of THE WOLF CREEK BROADCASTING WEB SITE
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