Terms of Use Agreement
This site is owned or managed by El Dorado Broadcasters LLC (“
Certain products or services offered by this and/or other El Dorado Websites (each a “El Dorado Internet Service,” and collectively “El Dorado Internet Services”), and certain areas within this and/or other El Dorado Websites 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 El Dorado Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU
Some parts of this
Changes to this Agreement
This Agreement is effective as of
Privacy and Protection of Personal Information
Accounts, Security, Passwords
If a particular El Dorado Website or El Dorado 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
Fees
Except where otherwise provided, access to and use of this El Dorado Website and the El Dorado Internet Services offered through this site are currently available without charge.
Disclaimer of Warranties
YOUR USE OF,
EL DORADO IS 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 EL DORADO INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links
This El Dorado Website may contain links to websites operated by third parties.
Software And Downloads Available Through This Website
Any software that is made available to view and/ or download in connection with a El Dorado Internet Service ("Software"), including podcasts, audio streaming, or video streaming, is owned or controlled by El Dorado 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.
Third-Party Merchants
This El Dorado Website may enable you to order and receive products, information and services from businesses that are not owned or operated by
Modification/Termination by El Dorado
El Dorado reserves the right, in its sole discretion, to modify, suspend, or terminate this El Dorado Website and/or any portion thereof, including any El Dorado Internet Service, and/or your account, password, or use of any El Dorado Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for an El Dorado Internet Service removes your authorization to use the El Dorado 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,
Interactive Services
This El Dorado Website may offer certain El Dorado Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively "El Dorado Interactive Services"). Additional terms may cover these services, which appear on the pages where these services are available.
Subscription Services
This El Dorado Website may offer certain El Dorado Subscription Services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "El Dorado Subscription Services"). By registering for a El Dorado Subscription Service, you will be subject to any charges and rules set forth in the description of that service
Premium Services
Some El Dorado Internet Services on this El Dorado Website, including certain El Dorado Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (“El Dorado Premium Service”). By using the El Dorado Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service.
Contests/Sweepstakes
For Additional Terms applying to all contests or sweepstakes conducted by this El Dorado Website, refer to this site's contest or sweepstakes information.
Limitations on Liability
In no event shall El Dorado, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the El Dorado 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 El Dorado 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 El Dorado Website or any information, software, products, services, and related graphics obtained through the El Dorado Website; (vi) any transactions entered into through this El Dorado 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 El Dorado Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the El Dorado Website and El Dorado 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
Indemnification
You agree to indemnify, defend, and hold harmless El Dorado, 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 El Dorado Website and any related El Dorado Internet Service and/or software. El Dorado 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 El Dorado in asserting any available defenses.
International Use/U.S. Export Controls
Accessing materials on this El Dorado Website by certain persons in certain countries may not be lawful, and
The
This statement informs you of
Personalization
Although you may use many features of this site without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as listener clubs and personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age). You must provide the information in order to receive the benefits of registration or of the special service.
We may use the contact information you give us to better tailor your website experience to your interests, to request your opinions with respect to media and entertainment, and to send you information about
In addition, we may share this information with advertisers or other third parties that are not part of the
Online Surveys/Contests
From time to time, we may conduct online surveys and contests. These ask you for contact information (like name or email address) and demographic information (like zip code or age). We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary.
Supplemental Information
To enhance
Shopping/Commercial Services
This El Dorado site may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our site offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
We will use the financial information that you provide to bill you for products and services. By giving our site your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
Public Forums
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.
Information Sharing With Third Parties
From time to time we may enter into a special relationship with another company that is not owned by
Also, the nature of some features of our site may require that we share personal information about you with persons or companies outside of the
With respect to specific registration modules, like contests, we may disclose personal information collected, and we will post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties
Finally, we may share any of the information collected from you with these other non-El Dorado companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.
IP Address and Log Files
We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
Cookies
This
In addition, on occasion our site may also set a “session cookie” which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires.
Finally, we may also use an ad network provider to help present advertisements on this and other El Dorado Web sites. This ad network provider, like other advertising service vendors, uses cookies, web beacons, or similar technologies on the hard drive of your computer to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, and to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, the provider collects non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these ad network providers is subject to their own privacy policies, not ours. If you do not want the benefits of these advertising cookies, you may opt-out by visiting http://www.networkadvertising.org/optout_nonppii.asp. However, if you do so you may not receive the full benefit from the use of our site.
Banner Advertising
We license ad-server software from another company to place banner advertising on our sites. All of the data provided and generated by the ad-server software remains in our possession and no data is transferred to the licensor of the software. This feature of our site may, on occasion, set “cookies” on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information as described in this statement.
Children’s Personal Information
Consistent with the Children’s Online Privacy Protection Act:
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This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13.
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In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.
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In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
Your Choices
This El Dorado site provides you the opportunity to opt-out of receiving email communications from us and our special relationship partners. To opt-out of receiving email communications, you may:
• Modify your registered user information on our website; or
• Send an email to gregrusso@edbroadcasters.com.
Please include the web address, call letters or station's name. (Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.)
Access to Personal Information
Security of Your Personal Information
If this site is sold to, or merges with, another company not owned by
Legal Process
You should be aware that
Contacting the Website
If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact webmaster@edbroadcasters.com. Please include the web address, call letters or station's name. Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.
Leased Content
Neither Standard & Poor nor any third-party licensor shall have any liability for the accuracy or completeness of this service or any component thereof or for delays, unauthenticity, omissions, or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including, without limitation, any lost profits, indirect, special, or consequential damages. Either Standard & Poor or third party licensors have exclusive proprietary rights from the information received via the service. Customer, end-user, or visitor, as applicable, shall not use or permit anyone to use the information provided through the service for any unlawful or unauthorized purpose. Customer, end-user, or visitor, as applicable, is not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of the source of such information. Provision of the information on the service is subject to termination in the event that any agreement between a third party licensor and a provider of information distributed through the service is terminated in accordance with its terms. Third party licensor and its subsidiaries, affiliates, information providers and content partners shall have no liability for investment decisions based on the information provided hereby.
General Information
This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, 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 cause of action you or
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
If you have any questions concerning this Agreement, you may send them by email to dannyfogle@edbroadcasters.com. You must send any official correspondence via postal mail to:
Danny Fogle
ATTN: Websites Terms of Use
European Union and Other Foreign Nations
This El Dorado website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States.
Use of Intellectual Property
The El Dorado Website, 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, El Dorado 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
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 El Dorado Website, in whole or in part, without the express written permission of El Dorado.
Other trademarks, service marks, product names and company names or logos appearing on this El Dorado Website that are not owned by El Dorado may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this El Dorado Website, or frame this El Dorado Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the El Dorado Website in an email for commercial purposes, without the express written permission of El Dorado.
You may inquire about obtaining permission by writing:
Danny Fogle
ATTN: Websites Terms of Use
By Email: dannyfogle@edbroadcasters.com
Copyright Infringement
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
By mail:
Danny Fogle
ATTN: Websites Terms of Use
By Email: dannyfogle@edbroadcasters.com
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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 El Dorado to locate the material.
(iv) Information reasonably sufficient to permit El Dorado to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) 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.
(vi) A statement that the information in the notification 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.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
INTERACTIVE SERVICE ADDITIONAL TERMS
You may participate in the El Dorado Interactive Service by reading and agreeing to the Terms of Use Agreement and these Interactive Service Additional Terms, and by completing the registration form where one is provided. If you do not agree to abide by the Terms of Use Agreement and these Interactive Service Additional Terms, you may not participate in the El Dorado Interactive Service.
You agree that you will not:
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Deliver any unsolicited advertisement, 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).
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Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the El Dorado Website, or any postings which advocate illegal activity.
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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.
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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.
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Deliver, or provide links to, any postings containing defamatory, false or libelous material.
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Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
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Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
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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.
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Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
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Use this El Dorado service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the El Dorado Website or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including by means uploading or transmitting to this Site or El Dorado’s servers any computer viruses, Trojan horses, worms, or other disabling or harmful software intended to damage, interfere with, intercept or monitor surreptitiously, or take over another computer.
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Attempt to gain unauthorized access to this El Dorado Website, any related website, other accounts, computer system, or networks connected to this El Dorado Website, through hacking, password mining, or any other means.
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Obtain or attempt to obtain any materials or information through any means not intentionally made available through this El Dorado Website, including harvesting or otherwise collecting information about others such as email addresses.
You are solely responsible and liable for postings delivered to the El Dorado Website using your account. Any violation of these provisions can subject your El Dorado account to immediate termination and, possibly, further legal action.
The information and opinions expressed in postings on this El Dorado Website are not necessarily those of
Unless otherwise provided, all postings to the El Dorado Website automatically and immediately become the property of
PREMIUM SERVICE ADDITIONAL TERMS
You may register for an El Dorado 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 El Dorado 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
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:
Danny Fogle
ATTN: Websites Terms of Use
El Dorado Broadcasters LLC
Victorville, CA 92395
By Email: dannyfogle@edbroadcasters.com
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.
We 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
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 this premium service.
Effective: