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Terms of Use

TERMS OF SERVICE

Copyright Information

The website www.wbevradio.com (the “Site”) is ownedand operated by Good Karma Broadcasting, LLC in connection with radio station WBEV (the “Station”) for your personal entertainment, information, educationand communication. Please feel free to browse the site; however, your accessand use of the site is subject to the following terms of service and allapplicable laws. By accessing and browsing the site, you accept, without limitationor qualification, the Terms of Service (“Terms of Service” or “Agreement”).

 

Restrictionson use of Materials 

The sitecontains material which is derived in whole or in part from material suppliedby Good Karma Broadcasting, LLC and other sources, and is protected byinternational copyright and trademark laws. No material (including but notlimited to the text, images, audio and/or video) and no software (including butnot limited to any images or files incorporated in or generated by the softwareor data accompanying such software) (individually and collectively the"Materials") may be copied, reproduced, republished, uploaded,posted, transmitted, or distributed in any way or decompiled, reverseengineered or disassembled, except that you may download one copy of theMaterials on any single computer for your personal, non-commercial home useonly, provided you keep intact all copyright and other proprietary notices.Modification of the Materials or use of the Materials for any other purpose is aviolation of Good Karma Broadcasting, LLC or such other sources' copyright,trademark and other proprietary rights. The use of any such Materials on anyother Web site or networked computer environment is prohibited without GoodKarma Broadcasting, LLC’s express written consent.

 

Copyright Infringement Notification Process

If you believe that your work has been copied and isaccessible on this Site in a way that constitutes copyright infringement, youmay notify us by providing our copyright agent with the following information:

 

  1. An electronic or physical signature of thecopyright owner or someone authorized to act on the owner's behalf toassert a claim of copyright infringement.
  2. Identification of the copyrighted work claimedto have been infringed, or, if multiple copyrighted works at this Site arecovered by a single notification, a representative list of such works atthis Site.
  3. Identification of material claimed to beinfringing or to be the subject of infringing activity and that is to beremoved or access to which is to be disabled, and information reasonablysufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit usto contact the complaining party, such as the party's name, address anddaytime telephone number, and an e-mail address, if available.
  5. A statement that the complaining party has agood faith belief that the use of the infringing copyrighted work is notauthorized by the copyright owner, its agent, or the law.
  6. A statement that the information in thenotification is accurate, and under penalty of perjury, that thecomplaining party is authorized to act on behalf of the owner of anexclusive copyright right that is allegedly infringed.

Such written notice should be sent to our copyright agentas follows: 

DMCA Copyright Agent

Good Karma Broadcasting,LLC

c/o Lerman Senter PLLC

2000 K Street, N.W.,Washington, D.C. 20006-1809

Facsimile:  (202) 293-7783

Email:  GKBDMCAAGENT@LERMANSENTER.COM

 

The above address isintended only for notifications and any related correspondence regarding claimsof copyright infringement on this Site. Correspondence pertaining to other matters will not receive a responseif sent to the above point of contact. Please note that any person who submits a false or fraudulent claim ofcopyright infringement may be subject to liability under U.S. copyright law.

User Generated Content

 

ThisSite may provide users with the opportunity to submit, post and/or exchangeinformation, data, text, software, music, photographs, graphics or artwork,video, audio, messages or other materials (“Postings”), whether publicly postedor privately transmitted.  Youunderstand, acknowledge and agree that such Postings are the soleresponsibility of the person from which such Postings originated.  This means that you, the user, and not thisSite, are entirely responsible for the consequences of all Postings that youupload, post, email, transmit or otherwise make available via the Site.  Users may not:

 

1)     Post materialthat is copyrighted, unless you are the copyright owner or have the permissionof the copyright owner to post it;

2)     Post materialthat reveals trade secrets, unless you own them or have the permission of theowner to do so;

3)     Post materialthat infringes on any other intellectual property rights of others or on theprivacy or publicity rights of others;

4)     Post materialthat is considered by the Site, in its sole judgment, to be obscene, indecent,defamatory, threatening, harassing, tortious, abusive, hateful, embarrassing orharmful to another user or any other person or entity;

5)     Post asexually-explicit image or statement;

6)     Postadvertisements or solicitations of business;

7)     Post chainletters or pyramid schemes; or

8)     Post anyincomplete, false, fraudulent or inaccurate biographical information or generalinformation which is not your own information, or impersonate another person.

 

TheSite does not represent or guarantee the truthfulness, accuracy, timeliness orreliability of Postings by users and does not endorse any opinions, which maybe expressed by any user.  You furtheragree that any reliance on such Postings by other users will be at your ownrisk.  We do not regularly review, screenor monitor the Site and we assume no obligation to do so and will not be liableor responsible to any user for performance or nonperformance of suchmaterial.  If notified by a user of anyPosting or communication which allegedly does not conform to this Agreement, wemay, in our sole discretion, investigate the allegation and may thereafterdetermine, in our sole discretion, whether or not to remove or request theremoval of the material.  You understand,acknowledge and agree that we reserve the right to expel users and preventtheir further access to the Site for violating this Agreement or any applicablelaw, and may remove communications which are considered to be, in our solejudgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous,disruptive, hateful, infringing, or racially, ethnically or otherwiseobjectionable. 

 

Youalso grant the Site, Good Karma Broadcasting, LLC, its affiliates, successorsand assigns, the royalty-free, worldwide, perpetual, irrevocable, non-exclusiveright (including any moral rights) and license to use, reproduce, modify,adapt, publish, retransmit, translate, create derivative works from,distribute, communicate to the public, publicly perform or display such content(in whole or in part), and/or to incorporate it in other works in any form,media, or technology now known or later developed, for so long as any rightsexist in such content.  You also warrantthat the holder of any rights, including moral rights in such content, hascompletely and effectively waived all such rights and validly and irrevocablygranted to you the right to grant the license set forth in this agreement.  You also permit any other user to access,display, view, store and reproduce such content for such user’s personaluse.  Subject to all of the foregoing,the owner of such content placed on the Site retains any and all rights thatmay exist in such content.

 

Submissions/Communications 

Good KarmaBroadcasting, LLC has a long-standing company policy that does not allow GoodKarma Broadcasting, LLC to accept or consider creative ideas, suggestions ormaterials other than those Good Karma Broadcasting, LLC has specificallyrequested. It is the intent of this policy to avoid the possibility of futuremisunderstandings when projects developed by Good Karma Broadcasting, LLC staffmight seem to others to be similar to their own creative ideas, suggestions ormaterials. 

If you do sendus any creative materials, including creative suggestions, ideas, notes,drawings, concepts or other information or if you transmit to the site byelectronic mail or otherwise, communications including any data, questions,comments, suggestions, or the like (collectively, the "Information"),the Information shall be deemed, and shall remain, the property of Good KarmaBroadcasting, LLC. None of the Information shall be subject to any obligationof confidence on the part of Good Karma Broadcasting, LLC and Good KarmaBroadcasting, LLC shall not be liable for any use or disclosure of anyInformation. Good Karma Broadcasting, LLC shall exclusively own any now knownor hereafter existing rights to the Information of every kind and naturethroughout the universe and shall be entitled to unrestricted use of theInformation for any purpose whatsoever, commercial or otherwise, withoutcompensation to the provider of the Information. 

If you do sendus any creative materials, including creative suggestions, ideas, notes,drawings, concepts or other information or if you transmit to the site byelectronic mail or otherwise, communications including any data, questions,comments, suggestions, or the like (collectively, the "Information"),the Information shall be deemed, and shall remain, the property of Good KarmaBroadcasting, LLC. None of the Information shall be subject to any obligationof confidence on the part of Good Karma Broadcasting, LLC and Good KarmaBroadcasting, LLC shall not be liable for any use or disclosure of anyInformation. Good Karma Broadcasting, LLC shall exclusively own any now knownor hereafter existing rights to the Information of every kind and naturethroughout the universe and shall be entitled to unrestricted use of theInformation for any purpose whatsoever, commercial or otherwise, withoutcompensation to the provider of the Information.

 

BulletinBoards 

The site mayinclude bulletin boards and chat rooms which allow feedback to Good KarmaBroadcasting, LLC and real-time interaction between users. 

Good KarmaBroadcasting, LLC does not control the messages, information or files deliveredto Bulletin Boards, unless otherwise noted therein, and Good KarmaBroadcasting, LLC has no obligation to monitor such Bulletin Boards. However,Good Karma Broadcasting, LLC reserves the right at all times to disclose anyinformation as necessary to satisfy any law, regulation or governmentalrequest, or to edit, refuse to post or to remove any information or materials,in whole or in part, that in Good Karma Broadcasting, LLC’s sole discretion areobjectionable or in violation of these Terms of Service.

 

Advertising and Other Third Party Content

 

This Site provides banner and general advertising,and other content provided by our advertisers. You understand, acknowledge, and agree that such third party content onthis Site is not an endorsement by the Station, Good Karma Broadcasting, LLC, andits affiliates of the goods, services or messages conveyed in the content orthe business practices (including the privacy policies) of such third partycontent providers.  Users may from timeto time enter into correspondence with or participation in the advertising orpromotions offered through the Site. However, all such correspondence, including, without limitations,resulting contractual agreements are solely between the advertiser and theuser.  Your further agree that the Siteis not responsible for upholding any applicable terms, conditions,representations and warranties made by advertisers or other third parties inconnection with an agreement between users, or the purchase of goods andservices offered by advertisers or other third parties. 

 

Third PartySites 

Good KarmaBroadcasting, LLC may provide links and pointers to internet sites maintainedby others. Good Karma Broadcasting, LLC has not reviewed all of the third partysites linked to the site and is not responsible for the contents of or anyproducts or services offered in such third-party sites.

 

Privacy Policy 

Toparticipate in various activities on the Site, you may be asked to providecertain true, complete and current Personal Information or Sensitive PersonalInformation.  All Personal Information,Sensitive Personal Information, and any additional type of informationcollected from users in general are subject to our Privacy Policy, which isincorporated by reference into this agreement. For more information, see our official Privacy Policy. www.wbevradio.com/privacypolicy.

By submitting content to any area of the Siteopen to other users or the general public (which includes, but is not limitedto, contests, emails regarding Station programming, or Public Areas), youunderstand, acknowledge and agree that your content will be considered “PublicMaterial” and will not be subject to the privacy protections generally affordedyour Personal Information. 

Youfurther agree that the Site may save and archive any content of any natureposted to the Site and that the Site may, without liability to any user,disclose such content if required to do so by law or to comply with legalprocesses; to respond to claims that any of the content violates the property,privacy, publicity or any other rights of another individual, organization orcorporation; or to protect the rights, property or safety of Good KarmaBroadcasting, LLC, the Station, the Site, its corporate affiliates, advertisers,employees, suppliers, operational service providers, users and members of thepublic.


Limitationof Liability/Disclaimer 

Your use andbrowsing of the site is at your risk. If you are dissatisfied with any of theMaterials contained in the site, or with any of these Terms and Conditions,your sole and exclusive remedy is to discontinue accessing and using the Site.   

TO THE FULLESTEXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER GOOD KARMA BROADCASTING,LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITEIS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVEDAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITINGTHE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS"WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, OR NON-INFRINGEMENT. 

Youspecifically acknowledge and agree that Good Karma Broadcasting, LLC is notliable for any defamatory, offensive or illegal conduct of any user. 

Good KarmaBroadcasting, LLC also assumes no responsibility, and shall not be liable forany damages to, or viruses that may infect, your computer equipment or otherproperty on account of your access to, use of, or browsing in the site(including any Bulletin Board) or you’re downloading of any Materials from thesite. 

Good KarmaBroadcasting, LLC does not warrant or make any representations of any kind ornature with respect to the Materials. Therefore, you are responsible forcompliance with local laws, if and to the extent local laws are applicable.

 

Indemnification
You agree to defend, indemnify, and hold Good Karma, Broadcasting LLC, itsaffiliates, and its employees, contractors, officers and directors harmlessfrom any and all liabilities, claims, actions, demands, costs and expenses,including reasonable attorney's fees, that arise from your use or misuse of theSite or the Materials therein or from your breach of any provision of theseTerms of Service.  We reserve the right,at our own expense, to assume the exclusive defense and control of any matterotherwise subject to indemnification by you, in which event you will cooperatewith us in asserting any available defenses.

 

International Use
By choosing to access the Site from any location other than the United States,you do so at your own risk and initiative and accept full responsibility forcompliance with all applicable local laws of that jurisdiction. Good KarmaBroadcasting LLC makes no representation that materials on the Site areappropriate or available for use in locations outside the United States, andaccessing them from territories where their contents are illegal is prohibited.

 

Termination 

This Agreement maybe terminated immediately without notice from Good Karma Broadcasting, LLC inGood Karma Broadcasting, LLC’s sole discretion for any reason whatsoever. GoodKarma Broadcasting, LLC reserves the right to modify or discontinue this site,or any portion thereof (including Bulletin Boards) without notice to you or anythird party. 

Upontermination, you must destroy all Materials obtained from this site and allcopies thereof, whether made under the terms of this Agreement or otherwise. 

In the event oftermination, you are no longer authorized to access the Site and therestrictions imposed on you with respect to Materials downloaded from the Site andthe disclaimers and limitations of liabilities set forth in this Agreementshall survive.

 

Accounts, Security, Passwords
If at any time the Site requires you to open or register an account, you mustcomplete the specified registration process by providing us with current,complete, and accurate information as requested by the applicable onlineregistration form. Registration for an account on this site is subject to thoseadditional terms and conditions accompanying the registration process.  It is your responsibility to maintain thecurrency, completeness, and accuracy of your registration data and any losscaused by your failure to do so is your responsibility. After you have fullycompleted the registration form, you may be asked to choose a password and auser name. It is entirely your responsibility to maintain the confidentialityof your password and account. Additionally, you are entirely responsible forany and all activities that occur under your account. You agree to notify GoodKarma Broadcasting, LLC of any unauthorized use of your account. Good KarmaBroadcasting, LLC is not liable for any loss that you may incur as a result ofsomeone else using your password or account, either with or without yourknowledge.

 

Miscellaneous 

This Agreementshall be governed by and construed in accordance with the laws of the State ofWisconsin without giving effect to any principles of conflicts of law. If anyprovision of this Agreement shall be unlawful, void, or for any reasonunenforceable then that provision shall be deemed severable from this Agreementand shall not affect the validity and enforceability of any remainingprovisions. 

This Site iscontrolled and operated by Good Karma Broadcasting, LLC from its offices withinthe State of Wisconsin, United States of America. 

Software fromthis site is further subject to United States export controls and may not bedownloaded by any person or entity prohibited by any U.S. law, rule, regulationor order or otherwise exported or reexported into any country to which the U.S.has embargoed goods. 

Good KarmaBroadcasting, LLC may at any time revise these Terms and Conditions by updatingthis posting. You are bound by any such revisions and should thereforeperiodically visit this page to review the then current Terms and Conditions towhich you are bound. 

As between youand Good Karma Broadcasting, LLC, Good Karma Broadcasting, LLC exclusively ownsall rights, titles and interests in and to any of the Materials (and any andall elements thereof) and any and all copies thereof throughout the universe inany and all media now known or hereafter developed. You will not do anythingthat might impair Good Karma Broadcasting, LLC rights, titles or interests inand to such Materials (and any and all elements thereof nor will you assert anyright, title or interest in or to such Materials (including any copy or elementthereof).

 

Contact Information 

If you have any questions about these Terms of Service,please contact us at the following email address:  termsadministrator@gkbradio.com.

 

Good Karma Broadcasting
100 Stoddart Street
Beaver Dam, WI 53916
Attn:  WebsiteAdministrator

 

 

These Terms of Service were last updated on February 9,2011.