ELIGIBILITY FOR USE OF THIS WEBSITE:
The services and entertainment offered by us on this website are not intended to be used by minors (persons under the age of 13), and we will not knowingly allow anyone under 13 to register with the website, submit information to the website, or access the website.
INTERNATIONAL USE (EUROPEAN UNION AND OTHER FOREIGN NATIONS):
This website is maintained and operated within the state of Ohio, United States of America, and is governed by and operated in accordance with the laws of the United States of America. The website is intended for the enjoyment of residents of the United States only. We make no representation that this website is operated in accordance with the laws of other nations, or that this website or the materials contained in this website may be lawfully viewed or downloaded outside of the United States. By using this site, visitors from outside of the United States acknowledge that this site is subject to U.S. law and waive any claims that may arise under their own national laws. If you access this system from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. You may not use or export materials from this website in violation of U.S. export laws and regulations.
CHILDREN'S PRIVACY PROVISIONS (NOTICE TO CHILDREN AND PARENTS):
Consistent with the federal Children's Online Privacy Protection Act of 1998:
· This site does NOT solicit, collect, use, or disclose personal information (including online contact information) of children under the age of 13. In addition, this site is not intended for or directed toward children. · In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child as soon as we become aware of it. · In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
COLLECTION OF INFORMATION
The information that we gather falls into two categories: (1) information voluntarily supplied by visitors to our website through optional registration; and (2) tracking information gathered as visitors navigate through our site. Third party service providers on or linked to by our website, such as vendors of products and services offered through our site, may be gathering the same kinds of information.
PERSONAL INFORMATION VOLUNTARILY SUPPLIED
To make use of certain features on our website (such as The Unfair Advantage) visitors need to register and to provide certain information as part of the registration process. We might request information on your interest in concerts, different types of music and the like. The information you supply will help us to offer you more personalized features, to tailor our site to your interests and make the site more useful to you. By using our website and actively submitting information to the website, you consent to our collection and use of the information that you elect to voluntarily submit.
The more you tell us about yourself, the more value we can offer you. However, supplying such information is always entirely voluntary. But if you don't supply the information we need, we may be unable to provide you with services we make available to other visitors to our site, and we can't send you email alerting you to a new service we're offering, or breaking news that may interest you if you don't tell us what you're interested in and give us your email address. Similarly, we can't notify you that you've been lucky enough to win a prize in a promotional contest if we don't know how to contact you. If you authorize us to do so and provide us with the necessary information, we may send you follow up mailings or e-mail transmissions to you in order to offer you additional products or services, updates, or information. Such additional communications will be based upon information that you voluntarily submit to the website. If you do not wish to be sent such notices and communications, or if you wish to be removed from our mailing list, you should notify us. Of course, even if you want to remain completely anonymous, you're still free to take advantage of the wealth of content available on our site without registration.
If this website is sold to, or merges with, another company not owned by North American Broadcasting, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, we will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
REMOVAL OF INFORMATION VOLUNTARILY SUBMITTED
If you have submitted information and would like for that information to be removed from our database, you should contact us by using the contact information listed at the end of this page. We will make reasonable efforts to delete the information as requested. We reserve the right to take any action with respect to User-submitted information that we deem appropriate in our sole discretion, and we are not legally responsible or liable for any decisions to remove or not remove such information. You should understand that third parties who have a need to see the personal information for the purpose of processing an order or administering the website may have already received your personal information by the time that you request removal, and they may also have retained a copy in their own files or databases. We have no control over the retention or use of your personal information, and it is therefore we are not responsible or liable for the retention, use, or privacy of personal information in such instances.
From time to time, we may conduct online surveys and contests. These may ask you for contact information (like name or email address) and demographic information (like zip code or age). We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary.
Our web servers automatically collect limited information about your computer's connection to the Internet, including your IP address, type of operating system, browser type, internet service provider, and general geographic location, when you visit our site. (Your IP address is a number that lets computers attached to the Internet know where to send you data -- such as the web pages you view.) Your IP address does not identify you personally (unless you have configured your browser with your e-mail address), and we do not link IP addresses to any personally identifying information. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, and to measure traffic within our site. IP addresses may also help us to diagnose problems with our server and to administer our website. (Wireless users: Please check with your wireless service provider to determine whether personal information may be used to identify you if you use your cellular phone to access the internet.)
INFORMATION PROVIDED TO THIRD PARTIES
When we present information to our advertisers -- to help them understand our audience and confirm the value of advertising on our websites -- it is usually in the form of aggregated statistics on traffic to various pages within our site, and does not include any personally identifying information. .
From time to time, we may share either individual or aggregated information on visitors to our site with reputable third parties that provide services on or are linked to our website. In all such cases, we will notify you that such information is being collected, identify which items of information are optional, and offer you the opportunity to opt out of receiving information from third parties.
We will never sell, barter, or rent your personal information to any third parties. The Company also will not knowingly disclose your name, address, e-mail address, telephone number, or credit card information to any other User or third party not connected with us or with the administrator of this website.
LINKS TO THIRD PARTY WEBSITES
Third party links and information are provided solely for your convenience, and does not imply our endorsement or recommendation of the third parties, their websites, or their products and services. All third-party products and services must be ordered directly from such third parties or their representatives and not from or through the Company. All licenses, warranties, and other terms of sale or use are between you and the third party. We do not control these sites and is not responsible for their content or performance, or their privacy or security practices. If you elect to access linked third-party sites or if you elect to purchase products or services from third parties, you do so at your own risk.
REGISTRATION AND PASSWORD:
To obtain access to certain services on our site, you may be given an opportunity to register with us. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, or attempt to enter the service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, is offensive. Please inform us if there is a change in the information you provided at the time of your initial registration by returning to the registration screen and resubmitting an updated registration.
You should immediately notify us (using the contact information listed below) of any unauthorized use of your registration and/or password. You are responsible for maintaining the confidentiality of your personal information and password. You will also be responsible for all uses of your registration and password, whether or not authorized by you.
USE OF "COOKIES":
1458 Dublin Road
Columbus, Ohio 43215
Fax number: 614/232-0280
CONSENT TO USE OF ELECTRONIC COMMUNICATIONS:
LEGAL DISCLAIMERS — PLEASE READ CAREFULLY:
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THIS WEBSITE AND THE INFORMATION AND PRODUCTS PROVIDED ON THE WEBSITE ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS.
WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY POSTED MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, OR THAT THE SYSTEM AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, WE ARE NOT RESPONSIBLE OR LIABLE FOR THE COSTS, AND THE USER WILL HAVE NO LEGAL RECOURSE AGAINST US.
WE HAVE NO LEGAL RESPONSIBILITY OR LIABILITY FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS THAT YOU MAY HAVE IN ANY MATERIAL WHICH IS POSTED ON THE WEBSITE BY A USER OR OTHER THIRD PARTY.
NEITHER WE, NOR OUR SUPPLIERS, AGENTS, OR ANY OTHER THIRD PARTIES MENTIONED ON THE WEBSITE WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL POSTED ON THE WEBSITE, WHETHER THOSE DAMAGES ARE BASED IN TORT, CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LAW OR LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL USERS OF THIS WEBSITE HEREBY RELEASE NORTH AMERICAN BROADCASTING COMPANY, INC., AND ITS OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, EMPLOYEES, AND AFFILIATES FROM ALL CLAIMS, DEMANDS, AND DAMAGES (BOTH ACTUAL AND CONSEQUENTIAL), BOTH KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEBSITE, INCLUDING (WITHOUT LIMITATION) THE SUBMISSION OF PERSONAL INFORMATION, UNCOMPLETED OR COMPLETED TRANSACTIONS, OR THE SALE OF ANY PRODUCT THROUGH THIS WEBSITE.
CALIFORNIA RESIDENTS: IF YOU ARE A CALIFORNIA RESIDENT, BY ELECTING TO USE THIS WEBSITE, YOU HEREBY AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." BY MAKING THIS WAIVER, YOU THEREFORE AGREE THAT YOU ARE ALSO RELEASING CLAIMS THAT YOU DO NOT HAVE KNOWLEDGE OF OR SUSPECT TO EXIST AT THIS TIME.
Some of the exclusions listed above may not be applicable in certain jurisdictions. If these limitations of liability or exclusions of warranty are held to be inapplicable in whole or in part, for any reason, then our maximum liability to you for any type of damages for all claims arising from the use of this website shall be limited to $100.00.
INDEMNITY (AGREEMENT TO BE RESPONSIBLE FOR DAMAGES):
PROHIBITED USES OF WEBSITE AND WEBSITE SECURITY:
In connection with your use of this website, you agree that you will not do any of the following:
• Submit or post any confidential information (including personally identifiable information about another person) that you are not specifically authorized to disclose;
• Submit or post or transmit any message, information, data, or images that are unlawful; harmful; discriminatory on the basis of race, religion, national origin, age, sex, disability, or other protected classification; threatening; abusive; harassing; obscene; profane; sexually explicit; defamatory; embarrassing; or an invasion of anybody else's privacy;
• Impersonate any other person or any business entity, or misrepresent your affiliation with any other person or any business entity;
• Submit or post any information in violation of any contractual obligation, or any fiduciary obligation, including any obligation under a non-disclosure agreement, or submit or post any material that is protected by copyright or other intellectual property rights (unless you have the express written permission of the copyright owner), or that constitutes a trade secret;
• Submit or post any incomplete, false, or misleading information, or any information which you do not have the right or permission to submit or disclose, or otherwise violate any applicable law or ordinance;
• Violate or attempt to violate the security or integrity of this website through any of the following means:
• Accessing or "hacking" into data not intended for you, or logging into a server or account which you are not authorized to access;
• Communicating or attempting to communicate in any manner with any person using this website without invitation or for the purpose of competing with us;
• Deleting or altering any information submitted or posted by any other person or business entity without the express written permission of the person who submitted or posted the information;
• Attempting to interfere with the proper working of this website by any means;
• Attempting to probe, scan, or test the vulnerability of the system or to breach security or authentication measures, or use of any engine, software, tool, or device (including browsers, spiders, robots, avatars, or intelligent agents) which is not generally available to the public to navigate or search the website;
• Attempting to disrupt service to any other User, host, or network by any means, including (without limitation), submitting to the website any virus or corrupted data (including without limitation any Trojan horses, worms, cancelbots, time bombs, or other programming designed to damage or interfere with the website or information on the website), overloading the website, continuously submitting or posting repetitive text, "flooding", "spamming", "mailbombing", or "crashing;"
• Disclosing or sharing your password with any third party;
• Attempting to decipher, decompile, disassemble, or reverse engineer any or all of the contents of the website;
• Sending or posting unsolicited advertising, promotional materials, junk e-mail, chain letters, or any form of solicitation;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
INTELLECTUAL PROPERTY RIGHTS:
North American Broadcasting Company, Inc. ("NABCo") is the owner of all of the intellectual property rights (including copyrights and trademarks) featured on this website. The contents of the website, including the text, graphics, images, logos, service marks, HTML code, button icons, software, and all other creative material are protected under U.S. and international copyright, trademark, and other laws. All material on the website is the property of NABCo or its content suppliers. All textual material on the website are copyrighted materials. The arrangement and overall design of the website is the exclusive property of NABCo and is copyrighted material. The deletion or alteration of any copyright or other proprietary notices is strictly prohibited.
The trademarks, service marks, and logos on the site, including (without limitation) "WMNI" & the WMNI logo are registered and unregistered trademarks of NABCo. NABCo's trademarks may not be used in connection with any other product or service, nor in any manner which may cause confusion, or which may disparage NABCo or the website. Furthermore, the use of any website material (including copying, distribution, posting, publishing, displaying, selling, publicly performing, or other commercial or public use) without express, prior written permission from NABCo may violate copyright, trademark, and other laws. This website may, at some point, also be covered by one or more patents or pending patent applications owned by the NABCo.
You may download and print one copy of the materials from the website only for your personal, non-commercial use, and provided that you retain on the materials all existing copyright and other notices and disclaimers, in the same manner and form as on the original. Any other copying, distribution, retransmission, modification, or other use of any materials from this website, whether in electronic or hard copy form, without the express prior written permission of NABCo is strictly prohibited. Without the prior written permission of NABCo, you may not frame any of the content of the website, or incorporate into another website or other service any intellectual property of NABCo. Without limiting the foregoing, the use of any material on this website for any purpose either on another website or in a network computer environment is prohibited. NABCo will enforce its intellectual property rights to the maximum extent possible under the law.
COPYRIGHT INFRINGEMENT CLAIMS:
We will process and investigate any proper notices of alleged copyright infringement related to website material, and will respond appropriately, following applicable legal guidelines. When appropriate, we will expeditiously remove or disable access to material that is the subject of a copyright infringement claim. Claims of alleged copyright infringement, or claims of any other forms of intellectual property infringement, should be in writing and addressed to our agent: Website Administrator, WMNI.COM, 1458 Dublin Road, Columbus, Ohio 43215. Any infringement claim should include a signature of the person authorized to act on behalf of the owner of the copyright interest, a description of the copyrighted work, contact information, and a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner or the law.
We welcome links to our site. Unless your website contains material of the kind listed below, you are free to establish a hypertext link to our site as long the link does not state or imply any connection between you and us, or our endorsement or sponsorship of your site. You do not have permission to establish a link to our website if your website contains any information that is unlawful; harmful or potentially harmful; discriminatory on the basis of race, color, religion, national origin, age, sex, disability, or other protected classification; threatening; abusive; harassing; obscene; profane; sexually explicit; defamatory; embarrassing; or an invasion of anybody else's privacy.
MISCELLANEOUS LEGAL PROVISIONS: