WLOV.com and its family of Web sites (collectively, the “sites”) are owned and operated by Tupelo Broadcasting, Inc. Site content (including text, graphics, audio, video, other multimedia, and programming) is generally owned by and copyrighted to WLOV. Some site content is owned by third parties and used under license, grant, or other form of agreement. Where third-party content is used, notice of ownership or copyright may or may not be present, depending on the location and usage.
You are only authorized to access the sites or to use site content contained therein in accordance with all applicable laws, and in full compliance with these Terms Of Service (referred to hereafter as “TOS”), which constitutes a legal agreement between you and WLOV. If you do not agree with the TOS, in whole or in part, you must leave the sites immediately.
WLOV reserves the right to modify or amend the TOS at any time without prior notice, and such modification will be effective upon posting on the sites. You agree to be bound by any changes to the TOS when you use the sites after any such modification or amendment is posted. Please read this page regularly to ensure you are kept up-to-date with any changes.
If you become aware of use of the sites by any person that is not in accordance with applicable laws or the TOS, please contact the Webmaster immediately at email@example.com.
This version of the TOS is dated June 22, 2012, and supersedes any previous version.
Content in WLOV is protected by international trademark and copyright laws, and may only be used for personal, non-commercial purposes. You may only view or download content from the sites for your own personal use, and you must keep all copyright, trademark, and other proprietary notices attached to the downloaded content. Any other use of the sites shall exceed the “authorized access” you have to the sites as that term is defined in federal criminal law in the Computer Fraud and Abuse Act (18 U.S.C. § 1030).
The reproduction, duplication, distribution (including by physical, electronic, or other means), publication, modification, copying, or transmission of content from the sites is strictly prohibited unless you have obtained prior written license from WLOV, or unless it is expressly permitted by the sites. Content covered by this prohibition includes, without limitation, any text, images, logos, photographs, audio or video material, or stills from audiovisual materials. The use of content from the sites on any other Web site or networked computer environment is similarly prohibited.
Requests for license to use intellectual property owned by WLOV must be submitted in writing to firstname.lastname@example.org. You should also be aware that the sites may contain content used or reproduced under license from a third party, and that WLOV may not be the holder of the intellectual rights in such works and therefore unable to grant license to use those works. For such materials, license may only be granted by the holder of the intellectual rights, copyright, or trademark.
You are strictly prohibited from creating works or materials that derive from, or are based upon, the content contained in the sites, including, without limitation, fonts and typefaces, icons, link buttons, wallpaper, desktop themes, or other unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered, or given away freely.
Access via automatic means (such as “spiders”, “crawlers”, and “bots”) must respect and adhere to the established direction and limitation protocols for such methods (such as meta instructions, HTACCESS directives, or robots.txt files). Any automated process accessing the sites which does not adhere to established protocols will be blocked from accessing the sites, and a complaint filed with the relevant Internet service provider(s).
Information Collection And Use
WLOV does not condition access to any part of the sites on the provision of PII except as described in this Policy. Each time you visit our sites, our Internet service providers will record your domain name, IP address, browser, platform, date and time of your visit, and the titles of the pages you view. It is standard practice among Internet service providers to have their servers collect this type of information.
Whenever you visit our sites, WLOV also receives and records information on our server logs from your browser, including your IP address, WLOV cookie information, and the pages you request, and relates it to the PII you provide. WLOV uses this information for the following general purposes: to improve our products and services, to contact you, to conduct research, to evaluate traffic patterns, to plan adjustments to our sites, and to provide anonymous reporting for tracking usage of our sites. Our Internet service providers may use the information to make certain their servers are performing optimally.
Once you have registered to post information to or to receive information from our sites, we reserve the right to send you certain communications relating to WLOV’s services, such as announcements, administrative messages, contest promotions, and messages from our contest sponsors, that are considered part of your WLOV account.
You will be offered the opportunity to opt-out of receiving future messages and announcements and to remove your name from WLOV mailing lists. The opt-out provisions do not apply to information collected by cookies or used internally to recognize you and/or facilitate your visits to the sites, or information we may retain to comply with legal requirements.
Please note that cookies cannot read data from your hard drive. Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you prefer not to receive cookies while browsing our sites, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on our sites.
“Web beacons” are small pieces of code placed on a Web page to monitor the behavior and collect data about the visitors viewing a Web page. For example, Web beacons can be used to count the users who visit a Web page or to deliver a cookie to the computer of a visitor viewing that page. We may use Web beacons on our sites from time to time for this purpose.
Information Sharing And Disclosure
WLOV does not rent, sell, or share PII about you with other people or nonaffiliated companies, except to provide services you’ve requested, when we have your permission, or when provided to trusted partners who work on behalf of or with WLOV under confidentiality agreements. These companies may use your PII to help WLOV communicate with you about WLOV services and products. However, these companies do not have any independent right to share this information.
Please note that some contests or promotions made available through our sites are conducted by third parties, who may have their own privacy policies relating to PII. The party conducting a contest or promotion will be clearly specified in the accompanying rules or information. Some contests or promotions may require specific PII to be submitted to a third party as a requirement of entry; if so required, the contest rules will specify what data is to be collected, by whom, and what use is to be made of it. WLOV cannot accept any liability for PII submitted to a third party conducting a contest or promotion, or submitted for any contest or promotion where data is to be collected by a third party.
We may disclose PII in response to legal process; for example, in response to a court order or a subpoena. We also may disclose PII in response to a law enforcement agency’s request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms Of Service; to verify or enforce compliance with the policies governing our services and applicable laws; or as otherwise required or permitted by law or consistent with legal requirements. In addition, we may transfer your PII to an entity or individual that acquires, buys, or merges with WLOV, or WLOV’s television or business units.
Confidentiality And Security
We have taken steps to assure that all information collected will remain secure and in its original form, i.e., free from any alteration. As such, access to all PII is strictly controlled. We have put in place appropriate physical, electronic, and managerial procedures in an effort to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
WLOV is not responsible for and will not be a party to any transactions between you and a third-party provider of products, information or services that you may link to from WLOV’s sites. WLOV does not monitor such transactions to ensure the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties linked to WLOV’s sites are your responsibility.
You are responsible for keeping your password confidential. You should notify us immediately if your password is hacked or stolen. WLOV is not responsible or liable to you in any way if information is intercepted by an unauthorized person, either in transit or at your home, business, or other place of access.
WLOV may request your user name for the purpose of looking up your account information. If you have been contacted by someone claiming to represent WLOV and asking for any PII other than your user name, do not provide any information, and contact us immediately at email@example.com.
Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you do not want your name and contact information to be shared with any company or organization, you may notify us at any time by writing to us at the e-mail and/or regular mail address below.
Children Under Age 13
We are committed to protecting the safety and privacy of all our users, especially those who are under 13. To this end, we comply with the Children’s Online Privacy Protection Act (COPPA, 15 U.S.C. §§ 6501-6508) and the Children’s Online Privacy Protection Rule (16 CFR Part 312). For more information about COPPA and the Children’s Online Privacy Protection Rule, visit the Federal Trade Commission’s “Frequently Asked Questions about the Children’s Online Privacy Protection Rule” at http://www.ftc.gov/privacy/coppafaqs.shtm. Our sites do not target users under the age of 13 and we do not knowingly collect or display the PII of users who are under the age of 13. We encourage parents to actively monitor their children’s online use and to help us protect their privacy by instructing them never to provide personal information on this site or any other without your permission.
WLOV accepts no responsibility whatsoever in connection with or arising from your use of Community sections and their features. WLOV does not endorse Content, and any opinions stated therein are not necessarily those of WLOV. You will indemnify and hold WLOV, its owners, directors, officers, employees, affiliates, subsidiaries, agents, and third-party providers harmless from any claim or demand, including reasonable attorney fees and costs, made by any party arising out of the Content or from your inability to use the interactive features of the sites or to post feedback comments.
By submitting Content, you represent that you are the legal owner of the intellectual rights in the Content submitted. You hereby grant to WLOV an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, without attribution, to exercise all intellectual property rights in and to all or any part of the Content, in any medium now known or hereafter developed, subject to restrictions and limitations imposed elsewhere on the sites, and by applicable federal law. You grant to WLOV the right to disseminate, broadcast, reproduce, edit, archive, or otherwise use the Content at our discretion, without consideration or acknowledgement.
WLOV may take any action it deems appropriate as to any Content if we believe that the Content or your activities on the sites may expose WLOV to liability, or damage our relationship with any of our viewers, customers, suppliers, licensors, Internet service providers, or other users of our sites. For instance, we have the right in our sole discretion, for any reason or for no reason, to decline to post any Content that you submit for the Site, and, at any time, to remove any Content posted to the Site.
You represent that your Content is true and accurate and does not:
Despite these prohibitions on the Content, information provided by other users may contain inaccurate, inappropriate, offensive, or sexually explicit material, products, or services, and WLOV assumes no responsibility or liability for this material. If you become aware of misuse of the Community sections by any person, please contact the Webmaster immediately at firstname.lastname@example.org. WLOV reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Community sections at any time, for any or no reason, with or without prior notice, and without liability. You are solely responsible for your interactions with other users of the Community sections. WLOV reserves the right, but has no obligation, to monitor disputes between you and other users.
WLOV is concerned about the protection of all visitors, especially children. It is the intent of WLOV to adhere to the requirements of the Children’s Online Privacy Protection Act of 1998. We encourage parents to actively monitor their children’s online use and to help us protect their privacy by instructing them never to provide personal information on this site or any other without your permission. Children under the age of 13 are not authorized to post Content or to participate in Community sections.
While WLOV welcomes story suggestions and ideas from viewers, it is our policy to treat all such items as unsolicited submissions. If unsolicited submissions, including scripts, stories, articles, characters, drawings, information, suggestions, or ideas are sent to WLOV via the sites or by any other method, these submissions become the property of WLOV and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed, or deleted as WLOV sees fit. You agree that you are not entitled to any compensation, credit, or notice whatsoever, and that by sending an unsolicited submission you waive the right to make any claim against WLOV, and its affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract, or breach of confidentiality.
If you are interested in creating text or graphical links to the sites (commonly called ‘banners’, ‘buttons’, ‘hypertext links’, ‘hyperlinks’, or ‘links’), you must contact WLOV.com at email@example.com before doing so. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship, or support of the sites or WLOV, including their respective employees, agents, directors, officers, and shareholders.
If WLOV has provided links to other Web sites, they are solely as a convenience to you and no inference or assumption should be made and no representation should be implied that WLOV is connected with, operates, controls, or endorses these Web sites.
WLOV takes no responsibility for third party advertisements which are posted on the sites, nor does it take any responsibility for the goods or services provided by its advertisers.
You agree that you use the sites and rely on material contained in the sites at your own risk.
The sites, and all materials in the sites, are provided “as is” and “as available” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Except as limited by applicable law, WLOV disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, noninfringement, and fitness for a particular purpose. WLOV does not warrant that the functions contained in the materials in the sites will be uninterrupted; that defects will be corrected; that the sites are free of viruses and other harmful components; or that the sites are accurate, error-free, or reliable.
Under no circumstances, including, but not limited to, negligence, shall WLOV be liable for any direct, indirect, special, or consequential damages that result from the use of, or the inability to use, the information or services on the sites, even if WLOV or our authorized representative has been advised of the possibility of such damages. In no event shall WLOV have any liability to you for damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], or otherwise) for using the sites.
You agree to defend, indemnify, and hold harmless WLOV, its affiliates, and related companies, together with their respective employees, agents, directors, officers, and shareholders, from and against all the liabilities, claims, damages, and expenses (including reasonable attorney’s fees and costs) arising out of your use of the sites; your failure to use the sites; your breach or alleged breach of the TOS; or your breach or alleged breach of the copyright, trademark, proprietary, intellectual, or other rights of third parties.
WLOV reserves the right to immediately terminate your use of, or access to, the sites at any time if WLOV decides at its sole discretion that you have breached the TOS or any relevant law, rule, or regulation, or you have engaged in conduct that WLOV considers to be inappropriate or unacceptable.
The sites and all images, audio, video and related informational materials in any medium available on the sites are the property of or are licensed to WLOV and are protected by United States and international copyright laws, trade dress, trademark, moral rights, and other intellectual property rights. Except as specifically agreed by WLOV, no portion or element of the sites may be copied or retransmitted via any means and all rights shall remain the exclusive property of WLOV. You may, however, download one copy of the content for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices.
If you believe that any material contained in the sites infringes your copyright, you should notify WLOV of your copyright infringement claim in accordance with the following procedure.
WLOV will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. If you believe that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. (See http://www.loc.gov/copyright.) The DMCA requires that notices and counter-notices of claimed copyright infringement should be sent to the sites’ designated agent, who is:
Subject Line: Tupelo Broadcasting, Inc. Sites DMCA
Telephone: (662) 842-2227
Facsimile: (662) 844-7061
To be effective, the notification must be in writing and contain the following information required by the Digital Millennium Copyright Act [17 U.S.C. § 512(c)(3) and § 512(d)]:
E-mails sent to firstname.lastname@example.org without the appropriate subject line or for purposes other than communication about copyright claims may not be acknowledged or responded to. WLOV has a policy of terminating repeat infringers in appropriate circumstances.
The Terms Of Service operates to the fullest extent permissible by law. If any provision of the TOS is unlawful, void, or unenforceable, that provision is deemed severable from the TOS and does not affect the validity and enforceability of any remaining provisions.
No waiver of any provision of these TOS 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 TOS shall not constitute a waiver of such right or provision.
In these TOS, the word “including” is used illustratively, as if followed by the words “but not limited to”.
These TOS are governed by, and construed in accordance with, the laws of the State of Mississippi without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Mississippi or, if appropriate, the United States District Court for the Northern District of Mississippi for resolution of any dispute, action, or proceeding arising in connection with the TOS or your use or non-use of the sites, and you further irrevocably waive any right you may have to a trial by jury in any dispute, action, or proceeding.
You agree that any cause of action you may have arising out of or related to these TOS must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.