TERMS OF SERVICE – Updated as of March 1, 2018
In these Terms of Service, “you” refers to the person accessing or using the website(s) located at https://www.kickscountry.com and other online areas operated by WHKX/WHQX (individually and collectively, the “Site“). “First Media Services, LLC”, “Company” “this station” “we”, “us”, etc. refers to the company that operates the Site.
1. Acceptance of Terms through Use
2. Links to Third Party Sites & Services
3. Intellectual Property
You acknowledge that all content and materials available on this Site, including the selection, coordination, arrangement and enhancement of such content as well as content original to it or its Licensors are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by this station or our licensors or this station has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks of, or used under license by, this station. The use or misuse of any of these materials is strictly prohibited. This station, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Company does not grant any license to you by virtue of this Agreement of these intellectual property rights, except for the limited right to use the Site in accordance with this Agreement. Any product and/or trade names that are mentioned on the Site or are provided as part of the Services may be trade-marks of their respective owners. Company reserves all rights that are not expressly granted to you in this Agreement. Company’s licensors retain exclusive ownership of all data, material, text, software, scripts, graphics, photos, sounds, interactive features and the trade-marks and logos contained therein (“IP“). The IP is owned by or licensed to Company, subject to copyright and other intellectual property rights under United States law and international conventions. Content provided by Company is provided to you for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Company and/or the respective owners.
4. Lawful Use/Obligations
You agree to use the Site or its contents for lawful purposes and only as expressly permitted in these Terms of Service and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for non-commercial use only, provided you do not delete or change any of the information, including copyright or trade-mark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site or otherwise in any way exploit any of the content of the Site, in whole or in part. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without our written permission is strictly prohibited. You agree that you will not post or transmit through the Site any form of virus, worm, Trojan horse or other malicious code, or any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, damage Company or other parties, or otherwise violate any law, or which, without this station’s express prior approval, contains advertising or any solicitation with respect to products or services. You will not attempt to gain access to secured portions of the Site to which you do not possess access rights. You will not use any automatic or manual process to search or harvest information from the Site. You also agree not to post any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights and the burden of determining that any material is not protected by copyright rests with you. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying this station or to interfere in any way with the proper functioning of the Site will not be permitted.
The Site has many features available for members to enjoy such as bulletin boards, interactive forums, contests, surveys, games and the ability for members to create their own personal profile in where they can publish information such as their interests, photos, recipes etc. We do not control the messages, information or files delivered to the Site, unless otherwise noted therein, and we have no obligation to monitor the Site. Use of the Site is entirely at your own risk. However, we reserve the right at all times to disclose any information arising out of or relating to transmissions through the Site including without limitation as necessary to satisfy any law, regulation or governmental request, and further reserve the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions. You should assume that communications on the Site’s public forums are not confidential.
You understand that all materials, including without limitation, information, data, text, photographs, graphics, video, and email messages or other kinds of messages (“Member Content”), whether publicly posted or privately transmitted, are the sole responsibility of member from whom such Member Content originated. You are entirely responsible for all Member Content that you upload, publish, post, email, transmit, or otherwise make available on the Site. You acknowledge that we do not pre-screen Member Content, but that we and our designees have the right, but not the obligation, in their sole discretion to refuse to publish and/or remove any content and or Member Content from the Site. Without limitation, by using the Site you agree not to:
• Publish, upload, post, email, or otherwise make available any content, as determined by us, that is harmful, threatening, abusive, stalking, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another person’s safety, hateful, racially, ethnically or otherwise objectionable or unlawful. including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, provincial, national or foreign law;
• Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which are protected by copyright, trade-mark or other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
• Collect or store any data about other users or third parties without their express written consent;
• Publish, upload, post, email, transmit or otherwise make available any illegal solicitation, unsolicited or unauthorized advertising, promotional materials, junk mail or spam;
• Post or transmit any information, software or other material which contains a virus or other harmful component; or
• Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. We reserve the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever, subject to applicable laws.
5. User’s Grant of License
By posting or submitting content to the Site, you grant this station and its worldwide licensees or assignees a perpetual, non-exclusive and royalty-free license to use, reproduce, display, perform, adapt, edit, modify, distribute and promote the content in any form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content you post or submit to the Site and that our public posting and use of your content will not infringe or violate the rights of any third party, including, but not limited to, any privacy, publicity, copyright, trade-mark, trade secret rights, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Company. First Media Services, LLC shall retain the right, but not the obligation, to monitor, edit or otherwise change your posting or other content, submitted to the Site, without your permission. You further represent and warrant that you are the age of majority in your province of residence, or possess custodial parental or guardian consent and are fully able and competent to adhere to the terms, conditions, representations and warranties set forth herein; you will abide and comply with these Terms of Service; you will provide accurate information when creating an account; you are solely responsible for your User ID and the activity that occurs while signed in, including any content submissions, such as discussion posts, profile information, links, pictures, and other such content.
6. DISCLAIMER OF WARRANTIES:
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THIS STATION, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold this station, its affiliates, subsidiaries and parent company (First Media Services, LLC) and each of their respective employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims, damages, costs or debt and expenses, including attorney’s fees, that arise from (i) your use or misuse of the Site, including without limitation your violation of the Terms of Service herein; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that any Content submitted by you causes damage to a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.
9. Monitoring Content
First Media Services, LLC shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by this station and to satisfy any law, regulation or authorized government request. This station shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site without your permission. Without limiting the foregoing, this station shall have the right to remove any material that it, in our sole discretion, finds to be in violation of the provisions hereof or otherwise offensive or objectionable. Notwithstanding the foregoing, This station is not responsible for the content that you or any user posts on any forum on the Site and your reliance on any such content is solely at your own risk.
10. Local Laws
By choosing to access the Site from any location other than West Virginia or Virginia, you accept full responsibility for compliance with all local and federal laws that are applicable. This station makes no representation that materials on the Site are appropriate or available for use in locations outside such Province, and accessing them from territories where their contents are illegal is prohibited.
11. Security and Privacy and Non-Confidentiality
12. Choice of Law
These Terms of Service shall be construed in accordance with the laws of West Virginia and/or Virginia and the Federal laws of United States applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Service or your use of the Site (including non-contractual disputes or claims) shall be filed only in the courts of West Virginia/Virginia or the Federal Court of the United States, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
13. Integration and Severability
14. Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities. First Media Services, LLC reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.
15. Privacy and Disclosure