The website www.espn1380.com(the “Site”) is owned and operated by Big Radio in connection with radio station WTJK (the “Station”) for your personal entertainment, information, education and communication. Please feel free to browse the site; however, your access and use of the site is subject to the following terms of service and all applicable laws. By accessing and browsing the site, you accept, without limitation or qualification, the Terms of Service (“Terms of Service” or “Agreement”).
Restrictions on use of Materials
The site contains material which is derived in whole or in part from material supplied by Big Radio and other sources, and is protected by international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Big Radio or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other Web site or networked computer environment is prohibited without Big Radio express written consent.
Copyright Infringement Notification Process
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
1. An electronic or physical signature of the copyright owner or someone authorized to act on the owner's behalf to assert a claim of copyright infringement.
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site.
1. Identification of material 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.
1. Information reasonably sufficient to permit us to contact the complaining party, such as the party's name, address and daytime telephone number, and an e-mail address, if available.
1. A statement that the complaining party has a good faith belief that the use of the infringing copyrighted work is not authorized by the copyright owner, its agent, or the law.
1. 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 copyright right that is allegedly infringed.
Such written notice should be sent to our offices:
PO BOX 807
Freeport, IL 61032
The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement on this Site. Correspondence pertaining to other matters will not receive a response if sent to the above point of contact. Please note that any person who submits a false or fraudulent claim of copyright infringement may be subject to liability under U.S. copyright law.
User Generated Content
This Site may provide users with the opportunity to submit, post and/or exchange information, data, text, software, music, photographs, graphics or artwork, video, audio, messages or other materials (“Postings”), whether publicly posted or privately transmitted. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you, the user, and not this Site, are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Users may not:
1. Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
2. Post material that reveals trade secrets, unless you own them or have the permission of the owner to do so;
3. Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
4. Post material that is considered by the Site, in its sole judgment, to be obscene, indecent, defamatory, threatening, harassing, tortious, abusive, hateful, embarrassing or harmful to another user or any other person or entity;
5. Post a sexually-explicit image or statement;
6. Post advertisements or solicitations of business;
7. Post chain letters or pyramid schemes; or
8. Post any incomplete, false, fraudulent or inaccurate biographical information or general information which is not your own information, or impersonate another person.
The Site does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of Postings by users and does not endorse any opinions, which may be expressed by any user. You further agree that any reliance on such Postings by other users will be at your own risk. We do not regularly review, screen or monitor the Site and we assume no obligation to do so and will not be liable or responsible to any user for performance or nonperformance of such material. If notified by a user of any Posting or communication which allegedly does not conform to this Agreement, we may, in our sole discretion, investigate the allegation and may thereafter determine, in our sole discretion, whether or not to remove or request the removal of the material. You understand, acknowledge and agree that we reserve the right to expel users and prevent their further access to the Site for violating this Agreement or any applicable law, and may remove communications which are considered to be, in our sole judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically or otherwise objectionable.
You also grant the Site, Big Radio, its affiliates, successors and assigns, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, retransmit, translate, create derivative works from, distribute, communicate to the public, publicly perform or display such content (in whole or in part), and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as any rights exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license set forth in this agreement. You also permit any other user to access, display, view, store and reproduce such content for such user’s personal use. Subject to all of the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.
Big Radio , has a long-standing company policy that does not allow Big Radio , to accept or consider creative ideas, suggestions or materials other than those Big Radio , has specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Big Radio , staff might seem to others to be similar to their own creative ideas, suggestions or materials.
If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Big Radio. None of the Information shall be subject to any obligation of confidence on the part of Big Radio Group and Big Radio shall not be liable for any use or disclosure of any Information. Big Radio shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Big Radio. None of the Information shall be subject to any obligation of confidence on the part of Big Radio Group and Big Radio shall not be liable for any use or disclosure of any Information. Big Radio, shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
The site may include bulletin boards and chat rooms which allow feedback to Big Radio and real-time interaction between users.
Big Radio does not control the messages, information or files delivered to Bulletin Boards, unless otherwise noted therein, and Big Radio has no obligation to monitor such Bulletin Boards. However, Big Radio reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Big Radio’s sole discretion are objectionable or in violation of these Terms of Service.
Advertising and Other Third Party Content
This Site provides banner and general advertising, and other content provided by our advertisers. You understand, acknowledge, and agree that such third party content on this Site is not an endorsement by the Station, Big Radio, and its affiliates of the goods, services or messages conveyed in the content or the business practices (including the privacy policies) of such third party content providers. Users may from time to time enter into correspondence with or participation in the advertising or promotions offered through the Site. However, all such correspondence, including, without limitations, resulting contractual agreements are solely between the advertiser and the user. Your further agree that the Site is not responsible for upholding any applicable terms, conditions, representations and warranties made by advertisers or other third parties in connection with an agreement between users, or the purchase of goods and services offered by advertisers or other third parties.
Third Party Sites
Big Radio may provide links and pointers to internet sites maintained by others. Big Radio has not reviewed all of the third party sites linked to the site and is not responsible for the contents of or any products or services offered in such third-party sites.
By submitting content to any area of the Site open to other users or the general public (which includes, but is not limited to, contests, emails regarding Station programming, or Public Areas), you understand, acknowledge and agree that your content will be considered “Public Material” and will not be subject to the privacy protections generally afforded your Personal Information.
You further agree that the Site may save and archive any content of any nature posted to the Site and that the Site may, without liability to any user, disclose such content if required to do so by law or to comply with legal processes; to respond to claims that any of the content violates the property, privacy, publicity or any other rights of another individual, organization or corporation; or to protect the rights, property or safety of Big Radio, the Station, the Site, its corporate affiliates, advertisers, employees, suppliers, operational service providers, users and members of the public.
Limitation of Liability/Disclaimer
Your use and browsing of the site is at your risk. If you are dissatisfied with any of the Materials contained in the site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER BIG RADIO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You specifically acknowledge and agree that Big Radio, is not liable for any defamatory, offensive or illegal conduct of any user.
Big Radio, also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site (including any Bulletin Board) or you’re downloading of any Materials from the site.
Big Radio , does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify, and hold Big Radio, its affiliates, and its employees, contractors, officers and directors harmless from any and all liabilities, claims, actions, demands, costs and expenses, including reasonable attorney's fees, that arise from your use or misuse of the Site or the Materials therein or from your breach of any provision of these Terms of Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
By choosing to access the Site from any location other than the United States, you do so at your own risk and initiative and accept full responsibility for compliance with all applicable local laws of that jurisdiction. Big Radio makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
This Agreement may be terminated immediately without notice from Big Radio in Big Radio’s sole discretion for any reason whatsoever. Big Radio reserves the right to modify or discontinue this site, or any portion thereof (including Bulletin Boards) without notice to you or any third party.
Upon termination, you must destroy all Materials obtained from this site and all copies thereof, whether made under the terms of this Agreement or otherwise.
In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to Materials downloaded from the Site and the disclaimers and limitations of liabilities set forth in this Agreement shall survive.
Accounts, Security, Passwords
If at any time the Site requires you to open or register 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. Registration for an account on this site is subject to those additional terms and conditions accompanying the registration process. 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 Big Radio of any unauthorized use of your account. Big Radio is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Site is controlled and operated by Big Radio from its offices within the State of Wisconsin, United States of America.
Software from this site is further subject to United States export controls and may not be downloaded by any person or entity prohibited by any U.S. law, rule, regulation or order or otherwise exported or reexported into any country to which the U.S. has embargoed goods.
Big Radio may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
As between you and Big Radio exclusively owns all rights, titles and interests in and to any of the Materials (and any and all elements thereof) and any and all copies thereof throughout the universe in any and all media now known or hereafter developed. You will not do anything that might impair Big Radio rights, titles or interests in and to such Materials (and any and all elements thereof nor will you assert any right, title or interest in or to such Materials (including any copy or element thereof).
If you have any questions about these Terms of Service, please contact us at the following email address: firstname.lastname@example.org
1 Parker Pl. #485
Janesville, WI 53545
Attn: Website Administrator
These Terms of Service were last updated on April 9th, 2014