100 Main Street, Suite 104

Portland, Tennessee 37148

(c) 2019, Venture Broadcasting

Revised August 19, 2018.
Privacy Policy
 

Venture Broadcasting and its radio stations respect the personal privacy of visitors to our websites . Please read this Internet Privacy Policy carefully so that you understand what information we collect through our websites, what we do with that information, and how to safeguard the personal information you provide to us. This Internet Privacy Policy applies only to information collected online through the Venture Broadcasting Web Sites and does not describe the ways in which we may collect or use information obtained offline or through any means other than our Venture Broadcasting Web Sites.

 

INTERNET PRIVACY POLICY- Your personal privacy is a principal concern to us at Venture Broadcasting. Our goal in outlining our policy on the collection and use of listener/customer information is to ensure the highest level of confidentiality and security. When you provide your personal information on any Venture Broadcasting Web Site, we will not give or sell your personal information to any outside company for its use in marketing or solicitation without your permission, which may be express or implied. We will maintain the confidentiality of your personal information and it will be used only to support your customer relationship with our radio station and to assist us in providing better and more targeted services to you. Additionally, internal practices are in place to help protect your privacy by limiting employee access to and use of customer information. When we ask customers/listeners to provide their personal information on a Venture Broadcasting Web Site, it is done with the goal of improving the relationship between a Venture Broadcasting radio station and the listener. At Venture Broadcasting, we allow our listeners to maintain control over their personal information while attempting to provide a more interactive online experience. Our intention is to send e‐mail only to listeners/customers who have chosen to receive such e‐mails. At any time, you have the right to decline receiving future communications from Venture Broadcasting in any manner, including email, fax, telephone and postal mail.

 

HOW WE COLLECT INFORMATION - When you browse any Venture Broadcasting radio Web Site, you do so anonymously. Personal information—including your email address—is not collected. However, there are three (3) ways in which a Venture Broadcasting Web Site may collect information about you.

 

1. Some Venture Broadcasting Web Sites may request that you voluntarily provide personal information for purposes such as correspondence, site registration, membership, making a purchase, or participating in contests or online surveys. Information that we ask you to provide may include your name, e‐mail address, telephone number, mailing address and birth date. We may also request that you provide listener/customer preference information, social security numbers, lifestyle interests, and other demographic information that may be needed to register or subscribe you to services or offers.

 

2. Like many other commercial websites, a Venture Broadcasting Web Site may use a standard technology called a "cookie" to collect information about how our websites are used. Cookies are small text files on your system used for keeping track of settings or data for a particular website. You may turn them off through your browser or set your browser to notify you before accepting them. Some Venture Broadcasting Web Sites use cookies to store information necessary to provide a service or access into a site. Any information that we may store in cookies is used for internal purposes only.

 

3. Each time a Venture Broadcasting Web Site page is requested from your browser, we log your computer's IP address into our log files. Your computer has been pre‐assigned a 12‐digit number from your Internet Service Provider and may be static or dynamically assigned—this number is the IP address. Venture Broadcasting uses IP addresses to analyze trends, administer the site, track movements on the site, and gather broad demographic information for aggregate use. IP addresses are not linked to any other personally identifiable information by Venture Broadcasting.

 

THE INFORMATION WE COLLECT - We collect only information that is needed, and we tell listeners/customers how we use it. We limit the collection of information about our listeners/customers to what we need to know to manage their membership, to provide customer service, to offer new products and services, and to fulfill any legal and regulatory requirements. We tell our listeners/customers about the general uses of information we collect about them, and we will provide additional explanation if requested. A listener/customer may change, update or add additional information about themselves at any time through the Venture Broadcasting Web Sites that offer this feature. If a Venture Broadcasting Web Site does not currently provide this ability, listeners/customers can still change their data profile by contacting the local radio station.

 

SECURITY - Access to listener/customer information is limited to those who specifically need it to conduct their business responsibilities. We use security techniques designed to protect our listener/customer information—especially information that is used by employees and business partners to fulfill listener/customer services. In addition to providing listeners/customers with the opportunity to refuse marketing offers, we release information only at the listeners'/customers' requests, or when required to do so by law or other regulatory authority. When a court order or subpoena requires us to release information, we notify the listener/customer directly so that his/her legal rights can be exercised, if appropriate. The only exceptions to this policy are when we are prohibited by court order or law from notifying the listener/customer, or cases in which fraud and/or criminal activity is suspected. Finally, each Venture Broadcasting employee is personally responsible for maintaining listener and customer confidentiality. All Venture Broadcasting employees are required to sign an agreement that they will comply with these policies. Employees who violate these policies are subject to disciplinary action, up to and including termination of employment. Employees are expected to report violations—and may do so confidentially—to their managers or other supervisors. Venture Broadcasting has an employee who has been assigned the responsibility for assuring the adherence to this privacy policy. Check your local Venture Broadcasting Web Site for this contact.

 

USE AND DISCLOSURE OF INFORMATION - As a result of providing your personal information to us, Venture Broadcasting radio stations can provide a more customized online experience, making your interaction with us more productive, helpful and fun, and will enhance the services and offers our radio stations bring to you. If you provide us with your e‐mail address, or have done so in the past, we may send you e‐mail offers or newsletters. These offers or newsletters are based on information you provided in your membership application, registration forms, surveys, or from information that may indicate purchasing preferences and lifestyle, as well as information available from external sources, such as census bureau data. These e‐mail offers will come from a Venture Broadcasting radio station only. Your information or email address is never sold to a third party. All offers are carefully developed to guarantee that they meet our standards. Our goal is to target offers to listeners/customers who will find them of value. At any time, you may request to discontinue receiving these communications from us by simply replying to the e‐mail address included in every e‐mail message that you receive from a Venture Broadcasting station.From time to time, we may offer contests or other promotions on a Venture Broadcasting Web Site . If you enter a contest or participate in a promotional event, we will ask you to provide information about yourself (such as your name, address, and email address). Among other things, we will need this information to contact you if you win, and we may also use this information for marketing purposes. We may share this information with any co‐sponsors of the contest or promotional event; co‐sponsors will be identified in the contest rules. We may also share this information with or other third‐party service providers that help administer our contests and promotional events, such as by conducting drawings, and/or delivering prizes to winners. If you do not want to provide the requested information or have the information provided to co‐sponsors or other third‐party service providers, please do not enter the contest or participate in the promotional event.At times, our clients might collect personal information from listeners on Venture Broadcasting Web Sites or on‐site at a retail location or other station events. The collection of this information is clearly marked as information being collected by or for a third party, and providing such information is strictly voluntary. The station may help facilitate the collection of the information by providing forms and collection boxes for the client. Sometimes this information is shared with the radio station, though the station will only market to you if you have given us permission. Information gathered in this manner is shared with our client partners; and other information you may have previously provided to us remains private.We do monitor URL click‐throughs found in our email messages. The click‐through rate is reviewed in order to track

 

(i) participation in contests to judge effectiveness and award prizes;

 

(ii) listener interests; and/or

 

(iii) response rates for station‐marketing purposes or to report to a client in aggregate form only, the response of listeners. Individual activity is never shared with employees or third parties.

 

PROTECTING THE PRIVACY OF CHILDREN - Children should always get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) over the Internet, to us or to anyone else. Venture Broadcasting Web Sites are not directed at children under the age of 13 and we will not knowingly allow anyone under 13 to provide us any personal identifying information. If you are under the age of 13, please do not provide any information about yourself to any Venture Broadcasting Web Site.

 

OTHER DISCLOSURES - Third‐party Internet sites and services accessible through Venture Broadcasting Web Sites have separate privacy and information collection practices, independent of us. Venture Broadcasting has no responsibility or liability for these independent policies or actions. You are solely responsible for maintaining the secrecy of your passwords, membership ID, or any account information. Please be careful and responsible whenever you are online. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we aim to protect your personal information, Venture Broadcasting cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.While each Venture Broadcasting station puts forth its best efforts in adhering to these minimum privacy standards, additional restrictions may be imposed to comply with state and local laws, and/or station‐specific programs, products and services.

 

CHANGES TO THIS PRIVACY STATEMENT - The Internet is an evolving medium. If we need to change this Internet Privacy Policy at some point in the future, we will post the changes to this Internet Privacy Policy on this website and update the reference to the effective date to reflect the date of the amendment. By visiting a Venture Broadcasting Web Site, you agree that your visit, and any dispute over privacy, is governed by this Internet Privacy Policy.

 

Contest Rules
 

No purchase is necessary. Void where prohibited. All federal, state, and local regulations apply.Eligibility. Unless otherwise specified, all Contests and Sweepstakes are open only to legal U.S. residents age eighteen (18) years or older at the time of entry with a valid Social Security number and who reside in the Venture Broadcasting radio station listening area. Void where prohibited by law. Individuals age 13 to 17 may be eligible to participate in Contests and Sweepstakes with the approval of a parent or legal guardian, provided that the parent or legal guardian is a legal U.S. resident at least 18 years of age at the time of entry with a valid Social Security number and resides in the Venture Broadcasting station listening area. Unless otherwise specified, employees of WQKR, its parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the Venture Broadcasting station listening area, and the immediate family members and household members of all such employees are not eligible to participate. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household members” refers to people who share the same residence at least three (3) months out of the year. An individual may win a Contest or Sweepstakes only once per six (6) month period unless otherwise specifically stated. Contests and Sweepstakes are subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest or Sweepstake. Winning a prize is contingent upon fulfilling all requirements set forth herein.Contest or Sweepstakes Period. The Contest or Sweepstake will begin and end at the times specified by Sponsor. Sponsor’s computer is the official time keeping device for all Contests and Sweepstakes.

 

HOW TO ENTER - Entry methods for Contest and Sweepstakes will be specified by Sponsor and entries must be received during the Contest or Sweepstakes Period to be eligible. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor shall not be responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected entries, all of which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address or telephone number used to enter will be deemed to be the participant. The “authorized account holder” is the natural person assigned the telephone number by the wireless carrier or an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned. Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of a Contest or Sweepstakes.

 

TIME DELAY BETWEEN OVER-THE-AIR ANALOG SIGNAL AND OTHER SIGNAL DELIVERY - Due to the time delay that exists between a Venture Broadcasting analog over-the-air signal and its online webcast, listeners who listen to a Venture Broadcasting station online may hear Contest or Sweepstakes information or a cue to call later than listeners listening to the station’s analog over-the-air signal. As a result, the odds of an online listener winning a Contest Sweepstakes may be diminished Winner Selection. Contest and Sweepstakes winners will be determined according to the method specified by Sponsor at Sponsor’s sole and exclusive discretion. The winning entrant will be contacted using the email address and/or telephone number provided with the entry and may be awarded the prize (subject to verification of eligibility and compliance with the terms of these rules or the specific Contest or Sweepstakes rules). Sponsor’s decisions as to the administration and operation of Contests and Sweepstakes and the selection of potential winners is final and binding in all matters related to the Contest or Sweepstakes. Failure to respond to the initial verification contact within three (3) days of notification will result in disqualification. Verification of Potential Winner. POTENTIAL CONTEST AND SWEEPSTAKES WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST OR SWEEPSTAKES. The potential winner must continue to comply with all terms and conditions of these Official Rules and/or the Office Rules of the specific Contest or Sweepstakes, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email and/or telephone call, after the date of random drawing. The potential winner will be required to sign and return to sponsor, within three (3) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. A winner who returns the affidavit of eligibility and liability/publicity release within the required time period will be deemed to have accepted the prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner of a contest or sweepstakes prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.

 

PRIZES - Contest and Sweepstakes prizes will be as specified by Sponsor. Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning a Contest or Sweepstakes prize depend on a number of factors, including but not limited to the number of eligible entries received by Sponsor during the Contest or Sweepstakes Period and the number of listeners participating at any given time. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. For prizes that involve travel, unless otherwise specified, trips must be taken within the stated time periods or will be forfeited, winner and guest must travel on the same itinerary, and winner’s guest must be eighteen (18) years of age or older. Trips are non-transferable and no substitution will be made except as provided at the Sponsor’s sole discretion.Entry Conditions and Release. By entering a Contest or Sweepstakes, each participant agrees to: (a) comply with and be bound by these Official Rules, the Office Rules of the specific Contest or Sweepstakes, and the decisions of Sponsor, which are binding and final in all matters relating to any Contest or Sweepstakes; (b) release and hold harmless Sponsor, Venture Broadcasting, and its subsidiaries, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest or Sweepstakes, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in a Contest or Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant's participation in the Contest or Sweepstakes and/or entrant’s acceptance, use, non-use or misuse of the prize.Publicity. Except where prohibited, participation in a Contest or Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.

 

TAXES - All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded in any Contest or Sweepstakes become the sole responsibility of the winner. All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.

 

GENERAL CONDITIONS - Sponsor reserves the right to cancel, suspend and/or modify any Contest or Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest or Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of a Contest or Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.Limitations of Liability. The Released Parties are not responsible for:

 

(1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest or Sweepstakes;

 

(2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software;

 

(3) unauthorized human intervention in any part of the entry process or the Contest or Sweepstakes;

 

(4) technical or human error which may occur in the administration of the Contest or Sweepstakes or the processing of entries; or

 

(5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or Sweepstakes or receipt or use, non-use or misuse of any prize.

 

If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest or Sweepstakes, provided that if it is not possible to award another entry due to discontinuance or completion of the Contest or Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reason causes more than stated number of prizes as set forth in these Official Rules to be available or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

 

DISPUTES -  Entrant agrees that:

 

(i) any and all disputes, claims and causes of action arising out of or connected with a Contest or Sweepstakes, or any prizes awarded, other than those concerning the administration of the Contest or Sweepstakes or the determination of the winner, shall be resolved individually, without resort to any form of class action;

 

(ii) any and all disputes, claims and causes of action arising out of or connected with a Contest or Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the entrant’s Venture Broadcasting station listening area;

 

(iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Contest or Sweepstakes, but in no event attorneys’ fees; and

 

(iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest or Sweepstakes, shall be governed by, and construed in accordance with, the laws of the state in which the entrant’s Venture Broadcasting station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the entrant’s Venture Broadcasting station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the entrant’s Venture Broadcasting station is located.

 

ENTRANT'S PERSONAL INFORMATION - Information collected from entrants is subject to Sponsor’s Privacy Policy, which is available on every Venture Broadcasting station’s website under the “Privacy Policy” link. All entry blanks, forms, devices, and materials gathered during the course of entry, as well as all information contained on or within, shall become the sole property of Sponsor to be used, disposed of or destroyed in its sole discretion. Sponsor is not responsible for any incorrect or inaccurate information entered by website users, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to a Venture Broadcasting station website.

 

SWEEPSTAKES RESULTS - A winners list may be obtained thirty (30) days after the conclusion of a Contest or Sweepstakes by sending a self-addressed stamped envelope to the Sweepstakes Sponsor identified below.

 

SWEEPSTAKES SPONSOR: Venture Broadcasting 100 Main Street Suite 104, Portland, TN 37148 Attn: Contests and Sweepstakes.

 

Terms of Use
 

1. AGREEMENT BETWEEN USER AND Venture Broadcasting - PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY Venture Broadcasting WEB SITE. The Venture Broadcasting Web Site is comprised of various Web pages operated by Venture Broadcasting, WQKR Radio 101.7FM / 1270AM, and/or Venture Broadcasting Partners and their radio stations. Venture Broadcasting and any and all entities that control, are controlled by, or are affiliated or under common control with Venture Broadcasting are collectively referred to herein as "we," "us" or "our". The Venture Broadcasting Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of any Venture Broadcasting Web Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to these Terms of Use, you may not use any Venture Broadcasting Web Site. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Venture Broadcasting Web Sites and receipt of data, materials and information available at or through the Venture Broadcasting Web Sites, the possibility of our use or display of your Submissions (as defined in Section 4 below) and the possibility of the publicity and promotion from our use or display

of your Submissions.

 

2. USE OF CONTENT -  All information, materials, functions and other content (including Submissions, as defined in Section 4 below) ("Content") contained on any Venture Broadcasting Web Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Venture Broadcasting Web Site or delete Content or features at any time, in any way, for any or no reason.Except as we specifically agree in writing, no Content from any Venture Broadcasting Web Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Venture Broadcasting Web Site, except that where a Venture Broadcasting Web Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you

 

(a) keep intact all copyright and other proprietary notices,

 

(b) make no modifications to the Content, and

 

(c) do not use the Content in a manner that suggests an association with any of our products, services or brands.

 

Any business use, "re-mailing" or high-volume or automated use of any Venture Broadcasting Web Site is prohibited. Any and all rights not expressly granted herein are reserved.

3. NO UNLAWFUL OR PROHIBITED USE -  As a condition of your use of the Venture Broadcasting Web Site, you warrant to us that you will not use the Venture Broadcasting Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Venture Broadcasting Web Site in any manner which could damage, disable, overburden, or impair the Venture Broadcasting Web Site or interfere with any other party's use and enjoyment of the Venture Broadcasting Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Venture Broadcasting Web Sites.

4. SUBMISSIONS -  In these Terms of Use, we use the word "Submissions" to mean text, messages, ideas, feedback, concepts, pitches, suggestions, stories, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively “Distribute”) on or through a Venture Broadcasting Web Site.We do not claim ownership of the Submissions you provide, post, upload, input or submit to any Venture Broadcasting Web Site. However, by posting, uploading, inputting, providing or submitting your Submission to a Venture Broadcasting Web Site, you are granting us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on Venture Broadcasting Web Sites, on third-party web sites, and on our radio stations) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License"). By Distributing a Submission, you represent and warrant that the Submission and your communication thereof conform to the provisions set forth below in Section 5 and to the other requirements of these Terms of Use, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These Terms of Use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.No compensation will be paid to you with respect to our use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide to us and we may remove any Submission at any time in our sole discretion. By Distributing your Submission on a Venture Broadcasting Web Site, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to Distribute your Submission. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall not be liable to you or to any person claiming through you for our exploitation or disclosure of any Submission.

5. USE OF PUBLIC COMMUNICATION SERVICES ON A Venture Broadcasting WEB SITE - The Venture Broadcasting Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). By using the Communication Services, you agree that you will use the Communication Services only to Distribute Submissions that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

 

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Distribute any Submission that is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.

  • Distribute files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.  

  • Distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Distribute any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services or the Venture Broadcasting Web Site.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service or the Venture Broadcasting Web Site.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  • Violate any applicable laws or regulations.

 

You are and shall remain solely responsible for the Submissions you Distribute on or through any Venture Broadcasting Web Site using the Communication Services, and for the consequences of Distributing same. We have no obligation to monitor the Communication Services. However, we reserve the right to review Submissions Distributed using a Communication Service and to remove any and all Submissions in our sole discretion for any reason whatsoever. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.You acknowledge that the Communication Services and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a such public forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Venture Broadcasting spokespersons, and their views do not necessarily reflect our views. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Submission, information or materials, in whole or in part, in our sole discretion.

6. LINKS TO THIRD PARTY SITES - The Venture Broadcasting Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

7. DISCLAIMER - THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE Venture Broadcasting WEB SITE OR ANY THIRD PARTY WEB SITES OR SERVICES LINKED TO FROM THE Venture Broadcasting WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE FREE OF INACCURACIES OR TYPOGRAPHICAL ERRORS, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Venture Broadcasting WEB SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, 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).

 

Advice received via the Venture Broadcasting Web Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

8. LIMITATION ON LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW - IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM ARISING OUT OF OR IN ANY WAY CONNECTED WITH, 

 

(a) THE USE, OR INABILITY TO USE, ANY Venture Broadcasting WEB SITE OR CONTENT OR RELATED SERVICES, OR

(b) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A Venture Broadcasting WEB SITE OR ANY OTHER PERSON OR ENTITY, OR OTHERWISE ARISING OUT OF THE USE OF THE Venture Broadcasting WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Venture Broadcasting WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Venture Broadcasting WEB SITE.MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.WE MAY TERMINATE YOUR FURTHER ACCESS TO ANY Venture Broadcasting WEB SITE OR CHANGE THE Venture Broadcasting WEB SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.SERVICE CONTACT: wqkr@comcast.net.

9. INDEMNIFICATION - You are responsible for maintaining the confidentiality of your personal information as well as for all of your activities on the Venture Broadcasting Web Site. You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Venture Broadcasting Web Site. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.10.

 

10. JURISDICTION AND VENUE - You agree that any action at law or in equity arising out of or relating to these terms of use or the Venture Broadcasting Web Sites shall be filed, and that venue properly lies, only in state or federal courts located in Sumner County, Gallatin, Tennessee, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

 

11. MODIFICATION OF THESE TERMS OF USE - At any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). If we make a material modification to these terms of use, we will notify you of such amendment by posting notice of such modification on the Venture Broadcasting Web Sites covered by these Terms of Use.

 

12. GENERAL PROVISIONS - To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee. giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use 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 use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY Venture Broadcasting WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

13. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT - Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.Notification must be submitted to the following Designated Agent:

 

Service Provider: Venture Broadcasting

Name of Agent Designated to Receive Notification of Claimed Infringement: Brandon Roberts

Full Address of Designated Agent to Which Notification Should be Sent: 100 Main Street, Suite 104 Portland, Tennessee 

Telephone Number of Designated Agent: (615) 325-3250

Facsimile Number of Designated Agent: (615) 325-0803

E-Mail Address of Designated Agent: wqkr@comcast.net

 

To be effective, the notification must be a written communication that includes the following:

 

(i) A physical or electronic signature of 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 us to locate the material;

 

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

 

(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; and 

(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.

 

We may give you notice that we have removed or disabled access to certain material by means of a general notice on any Venture Broadcasting Web Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counternotification in writing to the designated agent that includes the information below. To be effective, the counternotification must be a written communication that includes the following:

(i) Your physical or electronic signature;

(ii) 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;

 

(iii) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

 

(iv) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Venture Broadcasting may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.