WERK-FM (“STATION”) AND werkfm.net (“WEBSITE”)
Last updated: November 2, 2011
Some parts of this Website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Website content.
Privacy, Children’s Privacy, and Protection of Personal Information
Neither this Website nor any WERK-FM Internet Service is directed to children younger than 13 years old, nor does WERK-FM knowingly collect any personal information from such children. It is the policy of WERK-FM to delete immediately any personal information concerning a child upon discovery. When a user discloses personal information on the Website or with respect to any WERK-FM Internet Service, he or she is representing his or her age as at least 13 years.
Accounts, Security, and Passwords
Use of Intellectual Property
The 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, WERK-FM 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 WERK-FM or byother parties that haveprovidedrights thereto to WERK-FM.
Except for personal, non-commercial purposes, you may not, and you hereby 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 Website, in whole or in part, without the express written permission of WERK-FM.
Other trademarks, service marks, product names and company names or logos appearing on this Website that are not owned by WERK-FM may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to or frame this Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Website in an e-mail for commercial purposes, without the express written permission of WERK-FM.
Procedure for Making Claims of Copyright Infringement
When we receive a valid notice, we may remove or disable access to the material and your notice will be forwarded to the person allegedly infringing your copyrighted material. That person may then send us a counter notification.
If we receive a valid counter notification, we will notify you and provide you with a copy of the counter notification we received. We may replace or re-enable access to the material unless we receive notice from you within 10 business days that you have filed an action seeking a court order to restrain or enjoin the user from engaging in infringing activity relating to the material on our system or network.
The Website contains, or may contain in the future, features, including the [LOYAL LISTENER CLUB] or any WERK-FM Internet Service, that allow users to post, upload, transmit and/or otherwise submit (collectively, “post”) certain content and materials, including, without limitation, text, .jpeg and other image files (both moving and still), links, sound recordings, comments, recommendations (“User Content”). By posting User Content, you acknowledge (a) that such User Content may be routed through WERK-FM’s servers, third-party servers, and the Internet; (b) that User Content may be viewed by WERK-FM personnel and the general public; (c) that WERK-FM Internet Services are a public, not a private, means of communication.
We may, in our absolute discretion and without notice to you, screen, refuse to post, remove, or edit User Content, but we are not obligated to do so. If we have questions regarding User Content, we have the right, but not the duty, to contact you for further information, including, for example, to seek verification that you hold the copyright in or are otherwise authorized to post to the Website the User Content.
You retain any copyright and other rights that you might hold in any User Content that you post to the Website. However, by posting User Content through the WERK-FM Internet Services, you hereby grant WERK-FM, its corporate parent(s), subsidiaries, and/or affiliate(s), and their respective licensees, a perpetual, non-exclusive, worldwide, transferrable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode and/or adopt User Content in any and all media formats or channels, whether now known or hereafter devised, including, without limitation, WERK-FM Internet Services, and WERK-FM’s broadcasts, without payment to you and without further consent from or notice to you. By posting User Content, you also grant WERK-FM the right to contact you in connection with the User Content and to use your name, city, state, and other information that you may provide in connection with the User Content.
(a) that you are at least 18 years of age;
(b) that you have obtained all necessary clearance, releases, licenses, and rights to post the User Content through the WERK-FM Internet Services;
(c) that no encumbrances or other limitations or restrictions on the User Content exist which would prevent its use by WERK-FM; and
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE WERK-FM WEBSITE AND/OR ANY WERK-FM INTERNET SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WERK-FM WEBSITE OR ANY WERK-FM INTERNET SERVICE, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WERK-FM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. WERK-FM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS WERK-FM WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WERK-FM WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. WERK-FM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS WERK-FM WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED.
Limitations on Liability
In no event shall WERK-FM, its subsidiaries, affiliates, parent companies, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the 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: (a) loss of goodwill, profits, business interruption, data or other intangible losses; (b) your inability to use, unauthorized use of, performance or non-performance of the Website; (c) unauthorized access to or tampering with your personal information or transmissions; (d) the provision or failure to provide any service; (e) errors or inaccuracies contained on the Website or any information, software, products, services, and related graphics obtained through the Website; (f) any transactions entered into through this Website; (g) 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 Website or any site to which it provides hyperlinks; or (h) damages otherwise arising out of the use of the Website and WERK-FM 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 WERK-FM has been advised of the possibility of damages.
This Website may contain links to websites operated by third parties. WERK-FM 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 WERK-FM’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 Website
Although WERK-FMpresently does not charge you a fee to use any mobile version of the Website or Software designed for use on mobile devices (the “Mobile Services”), it reserves the right to do so in the future. Please be sure to check the terms of the wireless Internet service plan that you use in connection with any mobile Software, because your carrier’s per-minute, text messaging, and data rates may apply. You are solely responsible for the costs of any equipment and connections required to use the Mobile Services.
You may access for your personal use only the radio signal transmitted through a WERK-FM Internet Service (the “Internet Radio Service”) or through a link provided on the Website. You may not rebroadcast the Internet Radio Service in any way. You may not make any recordings of, or otherwise duplicate, content or information provided by the Internet Radio Service through any means. In addition, you may not re-transmit or otherwise distribute the content or information provided by the Internet Radio Service in any way, including by online streaming such content or making such content available for download. You may not re-skin, re-package, decompile, reverse engineer, or disassemble the Internet Radio Service, or construct a media player or interface that accesses the Internet Radio Service, including by weblink that bypasses the home page of the Website. In addition, your use of any products or services that access the Internet Radio Service and which are provided by third parties not authorized by us constitutes a violation of this Agreement, even if you did not create such product or services and/or do not understand how they were created.
Third Party Merchants
This Website may permit you to order and receive products, information and services from businesses that are not owned or operated by WERK-FM, our corporate parent(s) and/or our affiliate(s). 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. WERK-FM does not endorse, warrant or guarantee such products, information or services and is not liable for the accuracy, completeness or usefulness of such information, opinion or advice or the quality or availability of such products or services. WERK-FM will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of 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 WERK-FM Internet Service.
Modification/Termination by WERK-FM
WERK-FMrespects the intellectual property rights of third parties. Accordingly, you may not store any material on the Internet Service or use WERK-FM’s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under U.S. copyright law. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, it is the policy of WERK-FM to suspend or terminate, in appropriate circumstances, the Internet Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, WERK-FM expressly reserves the right to suspend, terminate or take other interim action regarding the Internet Service of any user if WERK-FM, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights WERK-FM may have under law or contract.
In addition, WERK-FM reserves the right, in its sole discretion, to modify, suspend, or terminate this Website and/or any portion thereof, including any WERK-FM Internet Service, and/or your account, password, or use of any WERK-FM Internet Service, or any portion thereof, at any time for any reason, or no reason, with or without notice to you.
Any termination of your account for a WERK-FM Internet Service removes your authorization to use the WERK-FM 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, WERK-FM shall not be liable to you or any third party for any termination of your access to a WERK-FM Internet Service.
You agree to indemnify, defend, and hold harmless WERK-FM, its subsidiaries, agents, parent companies, 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 Website and any related WERK-FM Internet Service and/or Software. WERK-FM 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 WERK-FM in asserting any available defenses.
International Use/U.S. Export Controls
Accessing the materials on this Website by certain persons in certain countries may not be lawful, and WERK-FM makes no representation that materials on this Website are appropriate or available for use in locations outside the United States. If you choose to access this 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 Website. No software or any other materials associated with this 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 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 Website, you represent and warrant that you are not 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.
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 to our Designated Agent, Robin A. Smith, who can be reached as follows:
By mail: Backyard Broadcasting LLC, 4237 Salisbury Rd. Suite 225, Jacksonville, FL 32216
By Telephone: 904-674-0260, ext 102
By Facsimile: 904-854-4596
By Email: firstname.lastname@example.org
Pursuant to 17 U.S.C. §512(c), tobe effective, the Notification must include the following:
1) The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
2) A description 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, and a description of the infringing activity;
3) Identification of the specific location on this Website where the material claimed to be infringing is located, described sufficiently to allow WERK-FM to find the material;
4) Identification of the specific location where the original or an authorized copy of the copyrighted work exists;
5) Information reasonably sufficient to permit WERK-FM to contact you, such as your name, address, telephone number, and if available, an electronic mail address;
6) A statement by you that you have a good faith belief that use of the material in the manner described in the Notification is not authorized by the copyright owner, its agent, or the law; and
7) A statement by you, under penalty of perjury, that the information in the Notification is accurate, that you are the copyright owner or are authorized to act on behalf of the owner of the copyright 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.
Procedure for Making Counter Notification
To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, unless by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):
Your communication must include substantially the following:
1) A physical or electronic signature of the subscriber.
2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4) Your name, address, and telephone number.
5) The following statement: “I consent to the jurisdiction of the Federal District Court in the Middle District of Florida and/or any judicial district in which the service provider may be found, and I will accept service of process from the claimant or an agent of the claimant.”
6) The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Send the written communication:
By mail to:
Robin A. Smith
Backyard Broadcasting LLC
4237 Salisbury Rd. Suite 225
Jacksonville, FL 32216
By fax to:
© 2011 Backyard Broadcasting, LLC