Back Porch Radio Broadcasting, Inc.
TERMS OF SERVICE
This website is owned by Back Porch Radio Broadcasting, Inc., and its radio station, WORT (“WORT“), which provide this website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Service Agreement (the “Agreement”). Please read this Agreement carefully before using this website. Your use of this 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 website. This Agreement sets forth WORT‘s policies with respect to its operation of this website.
WORT may update or modify this Agreement from time to time without prior individual notice by posting a revised Agreement on the website, so please check this page again for changes from time to time. Your continued use of the website will constitute your acceptance of any such changes.
You acknowledge and agree that WORT may take any action it deems appropriate as to any Content. We have the right in our sole discretion, for any reason or for no reason, to decline to post any Content on the website, and, at any time, to remove any Content that is posted to the website.
You acknowledge and agree that content provided by third parties (“Third Party Content”) may include content owned by independent content providers (including other users), and licensed to us. You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Third Party Content. We do not pre-screen Third Party Content, but we reserve the right, without undertaking the responsibility, to remove Third Party Content at any time that we deem it to be harmful, offensive, or otherwise in violation of this Agreement.
Note that it is impossible for WORT to confirm the validity of posts. Please remember that WORT does not actively monitor the posted messages, and as such, is not responsible for the content contained within them. If you believe that a posted message is objectionable, we encourage you to notify an administrator or moderator of this site immediately. WORT reserves the right to, but assumes no obligation to, actively investigate or remove objectionable content, if we determine that removal is necessary in our sole judgment. As this is a manual process, please realize that we may not be able to remove or edit particular messages immediately.
You remain solely responsible for the content of your posted messages. You agree to indemnify and hold WORT, its owners, directors, officers, employees, affiliates, agents, and third-party providers harmless from any claim or demand, including reasonable attorney fees and costs, made by any party arising out of Content that you post, upload, transmit or submit to our website. In no event shall WORT be held responsible for any damage that occurs based on Third Party Content, such as in on-line forums, chat, blogs, or comment sections of WORT‘s website or posted to WORT‘s pages in social media such as (but not limited to) Facebook, MySpace, Linked In, or Twitter.
As to all Content, you hereby grant to WORT an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, right to exercise all intellectual property rights, in and to all or any part of the Content, in any medium now known or hereafter developed, subject to restrictions and limitations imposed elsewhere on the website, and by applicable federal law.
Any information WORT determines to be inaccurate, unhelpful or inappropriate for any reason will be removed, with or without prior notice. Appropriate sanctions may be applicable in the event you violate these Terms of Service.
Please note that with each post, your IP address is recorded, in the event that you need to be banned from this forum or your ISP contacted. This may happen only in the event of a major violation of this Agreement.
WORT does not solicit or accept ideas or proposals from users regarding new products or services via the website and you are not authorized to make any such submissions. By making a submission to the website, you hereby forever unconditionally and irrevocably waive, disclaim, release and indemnify WORT and each and all of its affiliates, directors, officers, shareholders, representatives and agents from any and all claims and causes of action that you may have at any time that WORT misappropriated all or any part of your idea or proposal. You also agree: (a) your submission of information through the website does not create any confidential or fiduciary relationship between you and WORT; (b) WORT may discuss and disclose your idea/proposal and any materials you submit to others; (c) WORT is not obligated to return to you any materials that you submit through the website or to protect any of those materials from damage or destruction; (d) WORT is not obligated to pay any amount to you or otherwise compensate you or any other person in any way; (e) WORT is not required to furnish you with any information of any kind or respond to your submission in any way; and (f) in the event you have any proprietary interest in any idea or materials you submit, you grant WORT a license with respect thereto to the same extent and on the same terms as the Content you submit.
Copyright Infringement Agent
If you believe in good faith that information or materials on the website infringe on your copyright, you or your agent may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA“), requesting that we remove or block access to the claimed infringing material. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.loc.gov/copyright. Notices and counter-notices should be sent to:Back Porch Radio Broadcasting, Inc.
118 South Bedford Street
Madison, WI 53703-2626
Any software that is made available to view and/or download from this website, including podcasts, audio streaming, or video streaming (“Software”), is owned or controlled by WORT and/or licensors, 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. WORT accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
Our website has links to other third-party websites. This linking does not necessarily constitute our endorsement or approval of the content of their websites or of their policies, products, services, or opinions. These links are being provided as a convenience and for informational purposes only. WORT bears no responsibility for the accuracy, legality or content of an external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.
Without the express written permission of WORT, you are prohibited from framing the WORT website.
This website may enable you to order and receive products, information and services from businesses that are not owned or operated by WORT. 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. WORT 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 or availability of such products or services. WORT 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.
From time to time, WORT obtains items from third parties in connection with its fund drives, contests and promotions. WORT does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the suitability, usefulness, quality or availability of such products, information, or services.
This site may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
Warranty and Disclaimer
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, 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).
Website content is not intended to, and does not, constitute legal or professional advice or diagnosis, and may not be used for such purposes. You should not act or refrain from acting on the basis of any content included in, or accessible through, our website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue, from a lawyer or professional licensed in your state, country or other appropriate licensing jurisdiction.
Limitation of liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF OR THE INABILITY TO USE OUR WEBSITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Jurisdiction and venue
You agree that any action at law or in equity arising out of or relating to these Terms of Service or our website shall be filed, and that venue properly lies, only in courts located in Dane County, Wisconsin, or the federal Wisconsin District Court, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that the content on our website is appropriate or available for use in any particular location. Those who choose to access our website do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wisconsin and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Service by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. In these Terms of Service, the word “including” is used illustratively, as if followed by the words “but not limited to.” All trademarks appearing on this website are the property of their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the written permission of the party that may own the applicable trademark.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
These Terms of Service were last updated on or about May 24, 2012.
Information Collection and Use
WORT–FM collects personal information when you register with WORT–FM, when you sign up, when you listen to our streams or download podcasts or files, when you post comments to our Website, or when you use WORT–FM products or services. In registering with WORT–FM, you must provide us with your name, e-mail address, phone number, and possibly shipping address. Whenever you visit our Website, WORT–FM also receives and records information on our server logs from your browser, including your IP address, WORT–FM cookie information, and the pages, streams or downloads you request, and relates it to the PII you provide. WORT–FM uses this information for the following general purposes: to improve our products and services, to report information to organizations for royalty distribution and collection purposes, to obtain services of vendors that report music usage and audience data, to contact you, to conduct research, to enter you in WORT–FM contests and promotions or contests and promotions of WORT–FM sponsors, to award prizes to winning entrants, and to provide anonymous reporting for internal and external clients. Comments you post with us will also be made available for public inspection for a least two years in WORT–FM‘s public inspection file. Once you have registered, we reserve the right to send you certain communications relating to the WORT–FM‘s services, such as announcements, administrative messages, contest promotions, and electronic newsletter that are considered part of your WORT–FM account.
You will be offered the opportunity to opt-out of receiving future messages and announcements and remove your name from WORT–FM mailing lists. The opt-out provisions do not apply to information collected by cookies or used internally to recognize you and/or facilitate your visits to the Website, or information we may retain to comply with legal requirements.
Our Website uses a software technology called “cookies.” Cookies are small text files that we place in visitors’ computer browsers to store their preferences. Cookies themselves do not contain any PII.
“Web beacons” are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We may use web beacons on our Website from time to time for this purpose.
Information Sharing and Disclosure
WORT–FM does not rent, sell, or share PII about you with other people or nonaffiliated companies, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances: we provide the information to trusted partners who work on behalf of or with WORT–FM under confidentiality agreements. These companies may use your PII to help WORT–FM communicate with you about offers from WORT–FM and our marketing partners. However, these companies do not have any independent right to share this information.
We are legally obligated to maintain any comments you post with us relating to station operations in our public inspection file for two years pursuant to rules and regulations of the Federal Communications Commission. Those comments must be made available for public inspection.
Confidentiality and Security
We have taken steps to assure that all information collected will remain secure and in its original form, i.e., free from any alteration. As such, access to all personal information is strictly controlled. We have put in place appropriate physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
WORT–FM is not responsible for and will not be a party to any transactions between you and a third party provider of products, information or services. WORT–FM does not monitor such transactions to ensure the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties linked to WORT–FM‘s Website are your responsibility.
Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you do not want your name and contact information to be shared with any company or organization, you may notify us at any time by writing to us at the email and or regular mail address below.
Children Under Age 13
We are committed to protecting the safety and privacy of all our users, especially those who are under 13. To this end, we comply with the Children’s Online Privacy Protection Act (COPPA, 16 C.F.R. Part 312). For more information about COPPA, visit the Federal Trade Commission’s FAQ at http://www.ftc.gov/privacy/coppafaqs.shtm. We do not collect or display the PII of users who are under the age of 13. Except for the public areas of WORT–FM‘s Website, if you are under 13, you will be able to create a user name and password, but we will not keep any information that is personal to you. In addition, because we do not collect your PII if you are under 13, you will not receive any direct communications from WORT–FM or its radio stations.
Questions and Suggestions
Written communication should be sent to:Privacy Manager
BACK PORCH RADIO BROADCASTING, INC.
118 S. BEDFORD STREET
MADISON, WI 53703-2626